Hearing to determine legality of Alberta independence question ends; back in court next Thursday

A court hearing to determine if a proposed referendum question about Alberta independence is allowed under the law took place Thursday in Edmonton.The next court date is scheduled for next Thursday, August 14.The court debated whether to strike the referendum question and whether the chief electoral officer's role in determining the question's clarity should be usurped by the court. The hearing also touched on the democratic process and the potential impact on treaty and indigenous rights.The lawyer representing the Alberta independence initiative, Jeffrey Rath, argued that "asking a question can never be unconstitutional," noting that "it's incumbent on the chief electoral officer to decide," suggesting that no further time should be spent on the question in court.While the people of Alberta have the right to vote, they have the right to know about the consequences of a potential separation, Court of King's Bench Justice Colin Feasby said.This comes after Alberta’s top election official, Gordon McClure, asked the court to decide the legality of a proposed referendum question about independence is legal in July. The proposal was submitted by a citizen named Mitch Sylvestre from the Alberta Prosperity Project on July 4, asking:“Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?”.Court to determine legality of Alberta independence question.McClure sent the proposal to the Court of King’s Bench, to decide whether the question breaks any rules in the Constitution Act, 1982, which outlines the basic laws and rights in Canada.At the end of July, Alberta’s Minister of Justice Mickey Amery requested that Elections Alberta withdraw its court referral — a move supported by Premier Danielle Smith.“We encourage Elections Alberta to withdraw its court reference and permit Albertans their democratic right to participate in the citizen initiative process,” Amery said in a post on X.“Response to Citizen Initiative Process: The recently passed amendments to the Citizen Initiative Act are intended to be broadly permissive and to allow Albertans the opportunity to launch a referendum petition without needless bureaucratic red tape or court applications slowing the process. As it is the Government of Alberta that ultimately decides how or if to implement any referendum result, those government decisions will ultimately be subject to constitutional scrutiny.”.Alberta’s Justice minister wants Elections Alberta to withdraw a referral to a court to decide legality of referendum question.Under Alberta’s Citizen Initiative Act, people can suggest new laws or ask for referendums, as long as those ideas follow the Canadian Constitution.To hold an independence referendum in Alberta, currently, the process can be initiated through two primary mechanisms under existing legislation: the Referendum Act and the Citizen Initiative Act.A petition must collect signatures from approximately 600,000 eligible voters (about 20% of Alberta’s eligible voters, based on the 2019 election turnout) within a 90-day period.If passed, the new law will cut the number needed in half to 10%.Following the federal election in April, the Alberta government introduced Bill 54 — the Election Statutes Amendment Act — aiming to enhance the integrity and accessibility of provincial elections and emphasizing referendums, signaling pushback against the federal Liberal government led by Prime Minister Mark Carney..Petition on Alberta's future in Canada gets green light.The proposed legislation, tabled by Smith’s United Conservative Party (UCP) government, seeks to protect democratic processes, ensure fair and transparent elections, and boost public confidence in voting outcomes, according to a government news release.Bill 54 is now before the legislature for debate and consideration.“I believe in Alberta sovereignty within a united Canada. However, there is a citizen initiative referendum process that if citizens want to put a question on a ballot and get enough of their fellow citizens to sign that petition, then those questions will be put forward. Again, I don’t want to prejudge what a question might be, but not by our government," said Smith when asked if the door is open to Alberta leaving confederation.A counter citizen initiative petition asking whether Alberta should remain part of Canada was officially issued by McClure, proposing a question that could eventually be brought before the Legislative Assembly in Edmonton if it gets enough public support, said Elections Alberta in a news release last week.“Do you agree that Alberta should remain in Canada?” reads the proposed question.Under the Citizen Initiative Act, the petition is now open for signature collection and will remain so until October 28. It must gather 293,976 valid signatures to be successful, representing 10% of all eligible voters listed after Alberta’s 2023 Provincial General Election, reads the release.With files from James Snell.Due to a high level of spam content being posted in our comment section below, all comments undergo manual approval by a staff member during regular business hours (Monday - Friday). Your patience is appreciated.

Hearing to determine legality of Alberta independence question ends; back in court next Thursday

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