Alberta files appeal on court decision to throw out separatist referendum petition

A group of Alberta First Nations challenged the petition and Elections Alberta’s decision to issue it.

In the appeal filed Thursday in Edmonton court, the province says it plans to argue that the judge made 14 errors in her decision.

The appeal document says issuing the petition didn’t trigger the duty to consult and that the judge failed to give weight to the democratic purpose of the petition process.

It says the government also intends to argue the judge misinterpreted provisions of a bill passed in December that allowed the separatist group behind the petition to reapply after its first application was hung up in court.

Leonard ruled that despite the intended purpose of the legislation, the group shouldn’t have been able to reapply because the first application was rejected before the law came into effect.

The appeal also says the judge erred by “improperly assuming that Alberta may not comply with its statutory and constitutional obligations.”

The document indicates Alberta won’t be applying to have the appeal expedited.

The premier’s office and a spokesperson for Justice Minister Mickey Amery didn’t immediately respond to requests for comment.

Smith announced after the ruling that Albertans would vote in an Oct. 19 referendum on whether they want to remain in Canada or start the process to have a second, binding referendum on separation.

The premier cited the judge’s decision as being the reason a direct question on separation can’t be added to the ballot.

This report by The Canadian Press was first published June 11, 2026.

Jack Farrell, The Canadian Press

by The Canadian Press

Alberta files appeal on court decision to throw out separatist referendum petition

What's Trending