Judge rules proposed Alberta separation referendum would be unconstitutional

An Alberta judge has ruled a proposed referendum question on Alberta independence violates the Canadian Constitution.

A judge from the Alberta Court of Kings Bench has issued a surprise ruling on the proposal for a referendum on Alberta independence.

In a written judgement issued Friday, Justice Colin C.J. Feasby said the referendum proposal violates the Canadian constitution.

Feasby’s ruling also included some harsh words for the UCP government that tabled legislation on Thursday, attempting to prevent the court from ruling on the constitutionality of the proposed referendum question.

Justice Minister Mickey Amery’s bill would allow such petition drives to go ahead regardless of whether they violate the Constitution, while effectively ending the court review.

Feasby, in his decision, wrote that the government deciding to change the rules midstream undermines respect for democracy and the administration of justice.

“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.

He also focused most of the comments in his written judgement on the referendum question’s failure to guarantee First Nation treaty rights.

“First Nations, as founding partners in the creation of Alberta, cannot be ignored or bypassed as Alberta contemplates its future whether that is part of Canada or not,” said Feasby.