Alberta Chief Electoral Officer Refers Potential Referendum Question on Separation to Court

The flags of Alberta and Canada in Kananaskis, Alta. Shutterstock

Alberta’s chief electoral officer has referred a potential referendum question on the province separating from Canada to a court to ensure it does not violate Canada’s Constitution.

The proposed Alberta separation question seeks a yes or no answer and asks: “Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?”

Chief Electoral Officer Gordon McClure is asking the Court of King’s Bench whether the referendum question conforms to the requirements of section 2(4) of the Citizen Initiative Act, according to a July 28 release from Elections Alberta.

Section 2(4) of the Citizen Initiative Act states that an initiative petition proposal must not contravene the Constitution’s more than 30 sections, which includes the Charter of Rights and Freedoms.

In an updated July 29 release, Elections Alberta specifies the seven sections of the Constitution McClure is uncertain about regarding the proposal’s compliance. They include Section 1 – The guarantee of the rights contained in the Charter; Section 7 – Right to life, liberty and security of the person; and Section 15 – Equality before and under law and equal protection and benefit of law.

Elections Canada noted that in seeking the court’s opinion, McClure is “fulfilling his duty under the Citizen Initiative Act in an independent, neutral and non-partisan manner.”

The referendum question proposal was submitted to Elections Alberta by Mitch Sylvestre on July 4. Sylvestre is the CEO of Alberta Prosperity Project, a non-profit sovereignty advocacy group that has been touring the province to promote independence.

The group called McClure’s decision to refer the question to the court a “delay tactic,” in a July 28 social media post. The group says it will respond in court as required.

“The concern is, how can a question that strictly complied with s. 1(3) of the Clarity Act be ‘unconstitutional,’” the Alberta Prosperity Project wrote on X.

Sylvestre and Alberta’s justice minister have both received written notification of the referral to the court, the release indicates. The court will schedule a proceeding for the matter and the application’s status can be viewed on Election Alberta’s website.

McClure will have 30 days after the court gives its decision to determine if the proposed question meets other requirements of the Citizen Initiative Act, according to the act’s July 4 Summary of Changes fact sheet.

If the proposed referendum question is approved, Sylvestre and the Alberta Prosperity Project will need to collect 177,000 signatures in 120 days to have the separation question placed on a ballot.

Premier Responds

Alberta’s justice minister Mickey Amery said he encourages Elections Alberta to “withdraw its court reference and permit Albertans their democratic right to participate in the citizen initiative process,” in a July 29 post on X.

He noted the recently passed amendments to the Citizen Initiative Act are meant to be “broadly permissive” and allow Albertans to launch a referendum petition without “needless bureaucratic red tape or court applications slowing the process.”

Alberta Premier Danielle Smith noted that although she believes in Alberta sovereignty “within a united Canada,” she agrees with Amery.

“Albertans have a democratic right to participate in the citizen initiative process,” Smith said in a social media post. “They shouldn’t be slowed down by bureaucratic red tape or court applications.”

New Rules

Amendments to the Citizen Initiative Act came into effect on July 4. They were first introduced by Smith on April 29 to make it easier for Albertans to hold a referendum.

The legislation extended the signature collection period from 90 to 120 days and set the threshold for triggering a referendum to 10 percent of eligible voters who participated in the most recent general election.

Thomas Lukaszuk, the former Alberta Progressive Conservative deputy premier, has a competing petition to support Alberta remaining as part of Canada, and has been seeking to beat the separatist movement to a referendum question.

McClure approved Lukaszuk’s petition on June 30, before the new rules took effect. Lukaszuk’s proposal seeks a referendum on a proposed policy, rather than a potential constitutional referendum. That means he will need to collect 294,000 signatures in 90 days to move ahead with his petition.

When asked if the province had told Lukaszuk whether he needed to follow the old rules for the number of signatures required, Lukaszuk responded in a July 25 post on X.

“Not yet, but we are preparing for the old rules,” he said.

Paul Rowan Brian and The Canadian Press contributed to this report.