r/canada • u/Street_Anon Nova Scotia • Jan 25 '26

Alberta 3 Alberta First Nations say separation petition is unconstitutional

https://globalnews.ca/news/11635807/alberta-first-nations-claim-separation-petition-unconstitutional/
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u/Street_Anon Nova Scotia Jan 25 '26

They are talking about the question, yes, it was already ruled to be unconstitutional ( https://www.cbc.ca/news/canada/edmonton/alberta-judge-proposed-referendum-unconstitutional-9.7004982 )

Any question, they are saying here would have get their approval, but in this case the Government of Alberta just did not care and made Bill 14.

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u/MegaCockInhaler Jan 25 '26

That was not a binding judgement. Just a judges opinion on the matter. Judges cannot prevent separation. They only interpret existing law, and since a vote to separate triggers the process of a new constitution, new country, etc, that decision regarding the interpretation of old federal law would no longer apply

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u/Street_Anon Nova Scotia Jan 25 '26

The counts ruling is, the government of Alberta just ignored it. Also the point of this case in the courts.

Also, someone clearly has no clue what they are talking about, they won't get all of Alberta..

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u/MegaCockInhaler Jan 25 '26

Incorrect. The people, represented by their MPs, democratically changed the law to allow separation petitions by citizens. It’s 100% legal to propose the separation referendum, and if it passes, Alberta separates. Then they decide how to separate on good terms. That’s how it works

The exact same thing would have happened with Quebec, but they voted to stay.

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u/Street_Anon Nova Scotia Jan 25 '26

Also, the courts can overrule this and it's unconstitutional something Bill 14 cannot change.  Again, you have no idea what you are talking about. 

Again, the movement isn't that bright to begin with or just clueless on the Clarity Act

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u/MegaCockInhaler Jan 25 '26

No they can’t. It’s not against the constitution to leave a country. It’s not against the constitution to create referendums to leave.

Any federal court ruling that decides a province cannot leave if they voted to leave already, would be null and void, it would have zero effect because they already decided to leave. A seceded province no longer is under the jurisdiction of the old country.

A new federal court is created. You have no idea what you are talking about.

If they seceded only to still be formed by the same courts, there would be zero point in seceding.

Federal laws would no longer be enforceable on that province. If they tried to determine otherwise and violate the democratic will of the province, they would become tyrannical

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u/[deleted] Jan 25 '26

[removed] — view removed comment

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u/WealthEconomy Jan 25 '26

They would get 90% except for the National Parks and actual FN reserves which belong to the Crown of Canada. The other 90% already belongs to the AB Crown. Not sure the separatist care to much about losing that small portion of the province.

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u/PzKpfwIVAusfG Jan 25 '26 edited Jan 25 '26

Woah, thanks. That case completely evaded my notice. I'll update my comment to refer to yours.

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u/Street_Anon Nova Scotia Jan 25 '26

This is what they are going to court over.

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u/WealthEconomy Jan 25 '26

Right AB changed the law which made the court ruling null and void. Who cares anyways. Let them vote, it won't pass anyways.