EDMONTON — The First Nations behind a judicial review that shutdown the Alberta independence petition rejoiced on Wednesday after Justice Shaina Leonard quashed the Chief Electoral Officer's (CEO) decision to grant Mitch Sylvestre's Stay Free Alberta a referendum petition. "Today marks a historic victory for Piikani Nation, the Blackfoot Confederacy, and all Treaty peoples," reads a statement from Piikani Nation Chief and President of the Blackfoot Confederacy Troy Knowlton. "The Alberta Court of King’s Bench has quashed Elections Alberta’s approval of the separatist petition.""This decision recognizes what we have said from the beginning: the provincial government failed in its constitutional duty to consult with First Nations, and proceeding with an unconstitutional question would have caused irreparable harm to our Treaty rights." .Blackfoot Confederacy and the Athabasca Chipewyan First Nation filed for judicial review in January, claiming the CEO's decision was made based on a misinterpretation of Alberta's Bill 14, and ignored a December court ruling that declared Sylvestre's original Alberta independence petition unconstitutional. Neil Dobson, counsel for the Government of Alberta, told the court that there was no misinterpretation and that the UCP had the opportunity to amend the bill before passing it in the legislature if they felt it needed clarification, but they did not. "This ruling is a clear affirmation of the Treaties we signed with the Crown," Knowlton's statement reads. "Treaty 7 is not a historical footnote — it is a living, constitutionally protected agreement that established a nation-to-nation relationship and guaranteed our rights to our lands, our way of life, and our self-determination.""The court has confirmed that those rights cannot be ignored, overridden, or placed at risk by a citizen initiative or provincial referendum.".The First Nations also argued that the Government of Alberta and the CEO failed their Crown obligations under Treaty rights, requiring them to conduct proper consultation with First Nations before taking any actions that could potentially violate their rights. Dobson and Elections Alberta's counsel argued that the duty to consult was not triggered by issuing a petition on Alberta independence, as granting a petition did not guarantee a referendum would occur. "This decision reinforces the importance of Treaty rights, meaningful consultation, and the recognition of the serious impacts decisions like these would have on First Nations communities," reads a quote from ACFN Chief Allan Adam in their press release. "This decision should close the chapter on the suggestion of an independence referendum. The Court has spoken – and so have the First Nations." .Both Premier Danielle Smith and Sylvestre said their respective groups intend to appeal Leonard's ruling. "We think that this decision is incorrect in law and anti-democratic, and we will be appealing it as a result,” said Smith on Wednesday. “Our cabinet and caucus will, of course, be meeting in the next couple of days to discuss the full context and make some decisions after we've had a chance to talk it through.”Sylvestre said even if they appeal Leonard's decision, the prospects of getting an Alberta independence question on the October referendum will likely come down to whether Smith is willing to place it on the ballot herself. Alberta NDP Leader Naheed Nenshi applauded Leonard's decision and thanked the First Nations for their efforts to fight the Alberta independence petition. "I want to start today, really, by thanking the Indigenous peoples," said Nenshi on Wednesday. "First Nations fought for us. They fought for Canada. They continue to fight for Alberta, for Canada, in a way this government refuses to do.""They spent a lot of time. They spent a lot of money on these court challenges for a government that is, at best, indifferent to Indigenous peoples and, at worst, actively working against their interests.""I want to specifically thank the Athabasca Chipewyan First Nations, my brothers and sisters in the Blackfoot Confederacy and the Sturgeon Lake Cree Nation for standing for all Albertans, for doing this work."
