Justice Shaina Leonard Alberta Ruling Tosses 300,000-Signature Petition

Justice Shaina Leonard issued the justice shaina leonard alberta ruling on Wednesday in Edmonton, throwing out a petition seeking Alberta separation from Canada. Her 37-page decision paused verification of more than 300,000 signatures and stopped the drive toward a province-wide referendum.

Leonard's 37-page ruling

Leonard found Alberta failed to consult the Athabasca Chipewyan First Nation, Blood Tribe, Piikani Nation and Siksika Nation before advancing the petition process. In the ruling, she wrote, "As a matter of logic and common sense, there can be no doubt that Alberta's secession from Canada will have an impact" on two treaties signed in the 19th Century between First Nations peoples and the Crown.

She also wrote, "Alberta breached its duty to consult with the applicants." That finding halted the petition at the verification stage, where Stay Free Alberta said it had gathered enough names to trigger a referendum.

Stay Free Alberta response

Jeff Rath, the lawyer representing Stay Free Alberta, said, "We disagree fundamentally with the decision which appears on its face to violate principles of natural justice and contain numerous errors of law." He added, "We have been instructed to prepare and file the appropriate appellate documents."

Kevin Hille, the lawyer for the Athabasca Chipewyan First Nation, called the ruling "a significant victory for the rule of law and the protection of constitutional rights in Alberta." He said, "Justice Leonard's decision today makes it clear that it was unlawful to turn away from the findings about the impacts on First Nations and to not consult with them before taking this perilous step of holding a referendum"

Alberta government review

Alberta Premier Danielle Smith said on Wednesday that she was reviewing the decision. The ruling leaves the petition off the path to a referendum unless the appeal process changes the outcome.