The Alberta Court of Appeal has granted a partial stay of a lower court decision, permitting the counting of signatures on a separatist petition to move forward while a full appeal is pending. The ruling, issued Monday by Justice Alice Woolley, represents an initial victory for separatist campaigners and the provincial government.
Partial Stay Granted
Justice Woolley ruled that Chief Electoral Officer Gordon McClure may begin verifying signatures and publicly report the results. However, McClure is prohibited from taking any further steps that could lead to a referendum on the independence question proposed by separatist leader Mitch Sylvestre.
Woolley specified that if the petition is found to be successful under the Citizen Initiative Act, the chief electoral officer cannot yet submit the proposal to the justice minister, nor can the minister refer it to the Lieutenant Governor in Council for a constitutional referendum. The rest of the lower court's decision quashing the petition remains in effect pending the full appeal hearing.
Background of the Case
The original decision by Court of King's Bench Justice Shaina Leonard had torpedoed the separatist petition on the grounds that Alberta's chief electoral officer failed to properly consult First Nations. The separatists and the provincial government appealed that ruling.
Sylvestre claims to have collected 301,620 signatures, well above the 177,732 required to have a question appear on the ballot. Woolley noted that Sylvestre had not proven he would suffer irreparable harm from a delay in a referendum, particularly given Alberta's decision to conduct a separate referendum on Oct. 19 exploring voter preferences on the central issue of Alberta's future in Canada.
Impact on Parties
Woolley stated that allowing verification to be completed causes no significant harm to the First Nations challenging the petition, while avoiding irreparable harm to the separatist campaigners. The partial stay balances the interests of all parties as the full appeal proceeds.
The case continues to unfold, with further hearings expected. The outcome will determine whether the separatist petition can ultimately lead to a referendum on Alberta's independence.
