Alberta judge pauses next steps on separatist petition as First Nations treaty challenge proceeds

An Alberta judge has ordered a temporary pause on the verification stage of a citizen-led petition that aims to force a referendum on the province separating from Canada, after First Nations argued the process risks harming treaty relationships and is unconstitutional without consultation.

In a written decision issued Friday afternoon, Court of King’s Bench Justice Shaina Leonard said organizers behind the “Stay Free” initiative can continue collecting signatures. But she ruled Elections Alberta cannot verify the names gathered or move the petition along to Premier Danielle Smith’s government until the court issues an overall decision on the associated First Nations challenge.

Lawyers for multiple First Nations are asking the court to halt Alberta’s citizen-initiated referendum process — and the separatist group’s use of it — arguing that proceeding without consultation amounts to a treaty violation. They were in court in Edmonton this week seeking an interim order to stop the petition drive while the legal challenge continues. Alberta government lawyers opposed that request, arguing there is no legal duty to consult until the province acts on a referendum result.

Leonard wrote that serious issues are at stake and that First Nations interests would be harmed if she did not impose a temporary pause before making a final decision in the coming weeks. “The applicants have provided evidence of harm from lack of consultation and harm to treaty relationships” Leonard wrote.

She stressed the ruling does not stop signature collection or change the deadline. “To be clear, the court is not staying the collection of signatures; this decision has no impact whatsoever on the signature collection period or when that period expires (on May 2)” she wrote. “Rather, the court is staying the next steps in the process.”

Stay Free Alberta has said it has already collected enough signatures to trigger a provincewide vote on leaving Canada, and Smith has promised that if the petition is verified, the issue will go to the ballot. The group needs close to 178,000 names and said last week it had surpassed that total.

The judge’s decision means Elections Alberta cannot begin verifying signatures early if the group submits them ahead of the May 2 deadline, effectively freezing the administrative steps that would otherwise move the petition toward government consideration while the constitutional and treaty arguments are tested in court.