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A judge has granted a month-long stay preventing Alberta’s chief electoral officer from certifying the results of a petition to force a referendum on a proposal for Alberta to separate from Canada.
Justice Shaina Leonard’s ruling on Friday afternoon also prevents Stay Free Alberta, the group behind the petition, from referring the matter to Justice Minister Mickey Amery once signatures are submitted.
The decision follows an application from two of three First Nations groups who say they believe the petition process threatens treaty rights. The Athabasca Chipewyan First Nation (ACFN) and the Blackfoot Confederacy have been seeking a stay on the petition campaign pending a final ruling.
In her decision, Leonard said the order does not halt the collection of signatures. The May 2, 2026 deadline for gathering signatures remains unchanged.
Leonard had been hearing arguments regarding the issue at court hearings in Edmonton this week.
A stay functions similarly to an injunction and requires applicants to demonstrate a serious issue for review, irreparable harm and that the balance of convenience favours granting the order.
Leonard found the applicants met the low threshold of establishing arguable issues that are neither frivolous nor vexatious. These include whether the Crown breached its duty to consult and whether provisions of Alberta’s Citizen Initiative Act are unconstitutional.
The judge also found the applicants demonstrated the potential for irreparable harm that the signature gathering process poses. Lawyers for the ACFN and the Blackfoot Confederacy argued the absence of a stay could result in a loss of consultation, damage to treaty relationships between First Nations and the Crown and the undermining of treaty promises.
Leonard wrote that the balance of convenience favours granting the stay, noting “the alleged harms” are both ongoing and irreparable.
In a statement issued in response to the decision, ACFN Chief Allan Adam said his First Nation pursued a legal challenge “for all Albertans.”
“While Ottawa sleeps, Alberta’s first inhabitants are doing everything we can to save Confederation,” he said. “We shall never allow our treaties to be broken.
“We are standing up for our treaties, for our people and for the land that is all under threat through this referendum effort.”
Jeff Rath, a lawyer for Mitch Sylvestre, the lead organizer of the Stay Free Alberta petition, told CBC News that “the decision itself doesn’t affect anything we’re doing.”
“We’re still collecting signatures,” he said. “We can go right up until, you know, May 2.
“I believe that the Speaker of the legislature now needs to get involved, because I think the idea that a Court of King’s Bench justice can issue a stay or what amounts to an injunction order against an officer of the legislature is one of the most remarkable things that I’ve ever seen.
“Everybody needs to remember that the chief electoral officer is an officer of the legislature. They’re not an officer of the Crown, they’re not part of the government, they’re part of the legislature.”
Rath said Sylvestre has declined to comment at this time while taking some time to consider his position.
Although not an applicant in the case, Sturgeon Lake Cree Nation (SLCN) is also pursuing its own legal challenge related to the Stay Free Alberta campaign. The lawyer representing the SLCN issued a statement about Friday’s ruling alongside the First Nation’s chief.
While a group pushing for Alberta separation says it has enough signatures to push a referendum, a judge has put the petition validation process on pause. CBC’s Emily Williams explains what comes next.
“We are delighted to see that the court is allowing this limited pause to consider this momentous case on its merits,” SLCN lawyer Orlagh O’Kelly said. “We look forward to the final decision in a month’s time.”
“This has been a team effort mounted by our nations, and supported by many nations,” said SLCN Chief Sheldon Sunshine.
“We’re looking forward to the court’s final decision on this harmful process, set in motion by Alberta without any authority under our treaty. We also expect Alberta will follow this court order and not move the goalposts on us while the court deliberates.”
The SLCN is seeking an interim injunction to block the removal of a section of the Citizen Initiative Act that requires petitions to comply with the Constitution, including protections for treaty rights.
CBC News has reached out to Amery’s office for comment on the judge’s ruling.
