EDMONTON – Legal counsel for Sturgeon Lake Cree Nation laid out their case for an injunction to halt Stay Free Alberta’s Alberta independence petition on Wednesday, arguing that the UCP erred in instituting Bill 14 and reopening the door for another Alberta independence petition. Sturgeon Lake Cree Nation filed a lawsuit against the Government of Alberta, Alberta’s Chief Electoral Officer, and the Government of Canada in January. The lawsuit's goal is to stop the Alberta independence petition for several reasons, including the need to be consulted before official discussions on independence, a concern that an independent Alberta would breach its Treaty rights and violate the understood pledge to keep the land within Canada. On Tuesday, they asked the Court of King’s Bench Justice Shaina Leonard to issue an injunction and to hold the petition in abeyance until their entire case could be heard. Orlagh O’Kelly, legal counsel for Sturgeon Lake Cree Nation, argued that there is no need for urgency to rush the Alberta independence movement forward, which provides partial justification for putting the petition on hold. .The desired injunction would reinstate the section of Alberta's Citizen Initiative Act that prevents a citizen initiative petition from proceeding and a subsequent referendum from taking place if the question is deemed unconstitutional. This regulation shut down Alberta's original independence petition in December after a judge ruled that an independent Alberta would be unconstitutional, but the ruling was essentially nullified the day prior when the UCP introduced Bill 14 and subsequently passed it later in the session. Bill 14 allows a petition and referendum to be held on a topic, regardless of constitutionality, but states that the Government of Alberta will not be bound to implement the results of the vote if it deems them unconstitutional. Sturgeon Lake Cree Nation has called the UCP's decision to effectively reopen the door for an Alberta independence petition an overstepping of the Alberta government's power and an infringement of the rule of law. The UCP have argued that the measures in Bill 14 were designed to open the door for democracy to fully function by allowing Albertans to vote on the issues that matter to them, without that opportunity being blocked by unelected judges or officials. They said Bill 14 also includes the added assurance that unconstitutional referenda will not be imposed. .O'Kelly argued on Tuesday that democracy in Canada does not work like that, stating that the country functions as a representative democracy, not a direct one, and that part of the reason is to ensure the rights of minorities, such as First Nations, are protected. Further, the Canadian Charter of Rights and Freedoms guarantees individuals the right to regular elections. Conversely, referendums are allowed; however, they are not constitutionally guaranteed, unlike Treaty rights. Shen then claimed that if the UCP claims they will not institute referendum results if they are unconstitutional, which has already been ruled on, then why waste time and resources, and allow the contention surrounding the debate to even take place? O'Kelly argued that members of the Sturgeon Lake Cree Nation, and other First Nations in Alberta, have faced an uprising in racism and disinformation aimed towards them since the petition began, which is another reason they believe an injunction is necessary to try to cool the debate. .The UCP's legal counsel did not dispute the claim that some Alberta independence supporters have spread disinformation and made unnecessary negative comments aimed at First Nations members, but they argued that those are not directly tied to the petition. Further, their argument against the injunction was that it was a drastic and unnecessary step that would impede or delay the legislative process for the Alberta independence petition.They noted that arguments over Treaty rights and Alberta independence are premature, as Stay Free Alberta has not submitted signatures for approval, despite claims of exceeding the required number, and a referendum on the topic is not guaranteed. Tuesday was the first of what could be four days of hearings on Alberta independence that Leonard will hear in the coming days. The Athabasca Chipewyan First Nation's lawsuit on the matter is scheduled to be heard on Wednesday and Thursday, beginning at 10 a.m. on both days, with the possibility of additional time on Friday at 2 p.m. Those hearings will be held at the King's Bench of Alberta in Edmonton.
