EDMONTON — Alberta politics erupted in chaos as residents reacted with outrage and pleasure following Justice Shaina Leonard's decision on Wednesday to quash Stay Free Alberta's independence petition. "Although our government does support Alberta remaining in Canada, we think that today's decision by the court will deny an opportunity to well over 300,000 Albertans to have their petition verified by Elections Alberta, we think that this decision is incorrect in law and anti democratic, and we will be appealing it," Premier Danielle Smith said..Leonard shutdown the Alberta independence petition after determining that Alberta's Chief Electoral Officer erred by misinterpreting Bill 14 and issuing the petition to Mitch Sylvestre after his initial one was declared unconstitutional. "What message does that send when citizens engage in lawful democratic participation, comply with the very process created by government, and yet their voices are disregarded or treated as something to be feared?" reads an X post by Eva Chipiuk, one of Sylvestre's legal counsels in the case. "Democracy is not strengthened when lawful citizen participation is restrained or silenced. In this case, it was not government stopping the process, but the court. That reality raises profound questions about the role institutions play in democratic participation and how citizen engagement is treated when it touches controversial political issues.".The judicial review request filed by Athabasca Chipewyan First Nation and the Blackfoot Confederacy also claimed that the CEO and the Government of Alberta failed to fulfill their Crown duties under the Treaty by issuing the petition and triggering a potential Treaty Rights violation without proper consultation. "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 on Wednesday. "This decision should close the chapter on the suggestion of an independence referendum. The court has spoken – and so have the First Nations." Federalist took victory laps online following the Leonard's decision."Imagine that," wrote Globe and Mail columnist Andrew Cyne on X. "Turns out you can’t lawfully hold a referendum on whether to take something that isn’t yours: like land covered by treaties, or the sovereign territory of Canada.".Alberta NDP Leader Naheed Nenshi forcefully claimed that Leonard shutdown any chance of an Alberta independence referendum. "The government cannot have a separatist referendum this fall, period,” said Nenshi. "They cannot do it without defying the law, without defying the courts, and without knowingly doing something that is illegal." "And guess what, the notwithstanding clause doesn't save her here, the notwithstanding clause does not apply. So they cannot have a referendum this fall. If they choose to go forward with a government question, they can expect more legal cases, and based on the precedent we've seen today, they cannot do so.".Others, on both sides of the independence debate, quickly recognized that Nenshi and other federalists were incorrect in saying that Leonard's ruling had shut down any chance of an independence referendum. "The ruling is much narrower and merely technical," wrote Keith Wilson, a constitutional lawyer and prominent Alberta independence advocate. "It says Bill 14’s transition provisions did not revive or validate the Sylvestre independence citizen-initiative petition after the earlier proposal had already been rejected." "The decision today points to a cleaner lawful route: the secession referendum needs to be initiated by Alberta’s Cabinet under the Referendum Act, not through the Citizen Initiative Act. It also makes clear that the Government must consult First Nations before the vote, in case there is a potential impact on Treaty and traditional rights.".Sylvester said the prospects of an Alberta independence question landing on the October referendum ballot will likely come down to whether Smith is willing to call for it herself. Some, such as the Western Standard's Corey Morgan, claim Smith's role and UCP leader may be at stake if she chooses not to listen to the 301,620 who signed a petition calling for an Alberta independence referendum. .Forever Canadian leader Thomas Lukaszuk, one of the most prominent federalist voices, was subdued following the decision and echoed similar comments on the conundrum Smith faces. .Former UCP MLA and Justice and Health Minister Tyler Shandro, who was a part of a similar revolution following the COVID–19 pandemic after UCP members rallied to dethrone then Premier Jason Kenney, said Alberta independence supporters should create their own party if they want an independence vote."Nothing in Justice Leonard’s decision prohibits separatists from running a separatist party with a separatist platform in the next general election," wrote Shandrow in an X post. "Democracy lives through long established processes for democratic participation.""Why won’t separatists run on a separatist platform in a general election?"Kenney, who rarely misses a chance to throw punches at the individuals who rebelled against him, said they will not do so because they do not have enough support to win an election. .Leonard's decision is expected to further enrage Alberta independence advocates, rather than silencing them, given that their number one enemy, former Prime Minister Justin Trudeau appointed her to the Court of King's Bench. Calgary Confederation's Liberal MP, Corey Hogan, told Albertans on Thursday that the independence movement is not going away; it will likely only get louder leading up to the referendum.Hogan said federalists need to be vocal and share their support for Canada to avoid being drowned out by the passionate independence supporters. "Let's make sure we face it with the best of Canadian attributes, positivity, thoughtfulness, compassion, but toughness, clear-eyed," said Hogan. "Get involved. Show up. The World bends to the will of those who show up. Those who would take this country apart know that. Let's show them we know it too."
