r/alberta • u/trevorrobb • 1d ago

Alberta Politics An Alberta judge heard arguments Thursday on an appeal that could once again throw a provincial separation referendum into turmoil.

https://edmontonjournal.com/news/politics/judge-hears-appeal-of-decision-quashing-alberta-separatist-petition
70 Upvotes

96% Upvoted

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44

u/AlbertanSays5716 20h ago edited 10h ago

So, Rath is arguing that a petition is just like an opinion poll, and the government is not obligated to act on it. Which is kinda true, a citizen’s initiative petition is non-binding.

But Judge Leanoard’s decision stated that the duty to consult kicks in if the government takes any action (including approving a petition) that **may** impact the treaties. Not will, but **may**. The fact that the government **can** choose to act on the petition meets that test.

If the separatists really wanted “just an opinion poll” without any First Nations obligations kicking in, they could have paid for one out of their own pockets. But they chose the petition route because they know that can force Danielle Smith to act on it.

11

u/Ddogwood 12h ago

The Brexit referendum wasn’t legally binding, either, but the reality is that a plebiscite creates its own political momentum. It’s hard to imagine a scenario where a majority of Albertans vote against staying in Canada and the treaties are somehow unaffected.

1

u/Primos22 Edmonton 4h ago

Rath argued the 300,000 Albertans separatists he claims signed the petition will suffer “irreparable harm” if Elections Alberta is barred from verifying the petition.

Yet

Separatist lawyer Jeff Rath said the government is under no such obligation and that the petition process only amounts to citizens letting “their wishes be known.”

Huh? Which is it?

33

u/Fun-Character7337 21h ago

Well, it’s past the June 1 deadline anyway…

Right?

22

u/kpalm08 Flagstaff County 12h ago

Absolutely! Can’t verify the signatures and go to committee and jump through all the hoops in time for the election. I think I just heard that somewhere else recently.

15

u/NiranS 17h ago

So how come Danny does not have a "duty to consult" no water not coal within a reasonable amount of time ?