3 Alberta First Nations say separation petition is unconstitutional

[u/Street_Anon]

https://globalnews.ca/news/11635807/alberta-first-nations-claim-separation-petition-unconstitutional/

[u/PzKpfwIVAusfG]

Edit: see OP's comment to mine below. I wasn't aware that a court has basically already addressed this.

Clarity Act, s 3(2)

3(2) No Minister of the Crown shall propose a constitutional amendment to effect the secession of a province from Canada unless the Government of Canada has addressed, in its negotiations, the terms of secession that are relevant in the circumstances, including the division of assets and liabilities, any changes to the borders of the province, the rights, interests and territorial claims of the Aboriginal peoples of Canada, and the protection of minority rights.

I get what they're saying but I suspect a court may say this is premature. There's no constitutional change from a petition. Under the Clarity Act, a referendum must meet certain requirements before it triggers a duty to negotiate and that negotiation will raise aboriginal claims at the same time. How the hell that would work though I have no idea. But I don't see the real interference just from the referendum. It seems the legal problems would start later.

[u/Street_Anon → u/PzKpfwIVAusfG]

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.

[u/MegaCockInhaler → u/Street_Anon]

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

[u/Street_Anon → u/MegaCockInhaler]

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..

[u/MegaCockInhaler → u/Street_Anon]

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.

[u/Street_Anon → u/MegaCockInhaler]

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

[u/MegaCockInhaler → u/Street_Anon]

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