Alberta Justice blasts judge’s ruling striking down independence referendum

Justice Colin Feasby shut down the Alberta Prosperity Project's bid to hold a referendum on Alberta's independence on Friday,but Alberta Justice says the future of an independence referendum is not yet dead. The question before the court was whether or not the Alberta Prosperity Project's question of, "Do you agree that Alberta shall become a Sovereign country and cease to be a province of Canada?" is allowed under the Canadian Constitution. The court ruled it was not."While the government does not agree with Justice Feasby’s interpretation of the current Citizen Initiative Act, the decision will have no practical impact if the Assembly ultimately passes Bill 14. That bill will clarify and simplify the rules relating to citizen-initiated petitions, making the process more efficient, and encouraging citizen participation in our democracy.".Feabsy announced his ruling after determining that Alberta independence, which could be triggered by a "yes" vote on the referendum, would violate rights found in sections 1-35.1 of the Canadian Charter."Moreover, the proposed amendments in Bill 14 clearly state that any measures taken by the government to implement the results of a referendum must comply with the Constitution.".Under Bill 14, a question could still be posed in a referendum if it were unconstitutional, but the government would not be bound to apply its results.Further, the election office would no longer refer the question to court; that responsibility would fall on Amery.Additionally, all questions actively in court would have their cases dismissed.."The rule of law plays a critical role with respect to the democratic process where stability of the governing legal regime enhances legitimacy and public confidence in the outcomes of elections and referendums," Feasby wrote.In response, the Alberta Justice maintains its position and states that Feasby overstepped his bounds by commenting on an active piece of legislation.."Justice Feasby’s decision includes comments that are critical of a bill currently before the Legislative Assembly," the ministry's statement reads."The separation of powers is an important constitutional principle. The Assembly has been elected by the people of Alberta to freely debate and pass legislation in the public interest.""Judicial statements about the merits of a proposed bill before the legislative branch interfere with well-established democratic processes."The debate over Bill 14 will commence in the legislature starting Monday, as the assembly embarks on its final week of the schedule before the fall sitting ends.