By Somya Lohia
Local Journalism Initiative Reporter
Shootin’ the Breeze
Piikani Nation says a Court of King’s Bench ruling recognizes the risk of “irreparable harm” to treaty rights if a petition seeking a referendum on Alberta’s separation from Canada moves forward without legal review.
“This decision confirms that there are real legal issues at stake that must be addressed before this process goes any further,” Chief Troy Knowlton says in an April 13 statement.
“You cannot advance a process of this magnitude while sidestepping the Constitution and the treaties that are foundational to this country.”
Knowlton says treaty rights are constitutionally protected and cannot be overridden through a referendum process.
“This is fundamentally about the rule of law,” he says.
“This is not about politics. It is about ensuring that the legal and constitutional framework of this country is respected. That is in the interest of all Albertans.”
In her April 10 ruling, Justice Shaina Leonard granted a stay she said protects treaty rights and upholds the rule of law. This prevents Alberta’s chief electoral officer from certifying petition results until legal challenges are resolved.
She ruled that failing to grant the stay would inconvenience First Nations more than granting it would inconvenience the respondents.
The case stems from a citizen-led petition seeking a referendum on Alberta separation, launched under the Citizen Initiative Act.
Last December, Justice Colin Feasby ruled the legislation did not allow citizens to initiate a referendum on provincial independence. Days later, the provincial government amended the act, lowering the number of required signatures and extending the collection timeline.
Following those changes, a second petition question was submitted by Mitch Sylvestre, CEO of the Alberta Prosperity Project. It was approved by the chief electoral officer, allowing signature collection to proceed. The current deadline to gather 177,732 signatures from eligible electors is May 2. According to the APP, that number has already been surpassed.
Piikani Nation, Siksika Nation and the Blood Tribe collectively, and Athabasca Chipewyan First Nation launched legal challenges, arguing the referendum process raises serious constitutional concerns and fails to uphold the Crown’s duty to consult.
The First Nations asked the court to pause the process until the legal issues are fully heard.
“The court’s decision recognizes what Piikani Nation and other Blackfoot Nations have argued from the outset, that this process raises serious constitutional questions and carries the risk of irreparable harm to treaty rights and the relationship between First Nations and the Crown,” says Chief Knowlton.
The stay does not halt ongoing signature collection or change the deadline. However, it blocks the chief electoral officer from certifying results or taking further steps once signatures are submitted.
Under the Citizen Initiative Act, a successful petition would be forwarded to the government and could lead to a provincewide referendum.
The court heard arguments April 8 and 9 and is expected to issue a decision on the merits of the case in about a month, meaning the stay will be in place for a relatively short period.
Knowlton says Piikani Nation will continue working with other members of the Blackfoot Confederacy and First Nations to ensure constitutional protections are upheld and treaty relationships are respected.