A government lawyer will be in court today in Edmonton to intervene on behalf of a group that wants Alberta to separate from Canada.
A letter yesterday from a Justice Department lawyer to Mr. Justice Colin Feasby indicated he will be in court this morning to oppose the request by Chief Electoral Officer Gordon McClure to seek a court ruling on whether a referendum question drafted by a leader of the separatist Alberta Prosperity Project violates Canada’s Constitution.
Nicholas Trofimuk told the Court of King’s Bench judge that Justice Minister Mickey Amery’s position “is that the proposal is not unconstitutional, and therefore should be approved and permitted to proceed.”
“It is settled law that the government of any province of Canada is entitled to consult its population by referendum on any issue, and that the result on a referendum on the secession of a province, if sufficiently clear, is to be taken as an expression of democratic will, giving rise to an obligation on the part of the federal government and the governments of other provinces to enter negotiations that may lead to secession,” Mr. Trofimuk’s letter stated.
“The relevant legislation is clear that if a constitutional referendum proposal is successful, the results of the referendum are binding on the Government only insofar as the Government must ‘as soon as practicable, take any steps within the competence of the Government of Alberta that it considers necessary or advisable to implement the results of the referendum,’” it continued.
“If the Government proposes legislation in response to a referendum, that legislation will be subject to constitutional scrutiny. Asking a question about secession, and indeed, taking the steps in section 16 of the Citizen Initiative Act following collection of signatures, does not violate any of sections 1 to 35.1 of the Constitution Act, 1982,” he argued.
Mr. Trofimuk’s letter includes a statement that, “As stated many times publicly by the Premier of Alberta, the Government of Alberta does not support secession from Canada but supports a sovereign Alberta within a united Canada.”
“The Government does, however, support the democratic right of every citizen of Alberta to participate in a citizen’s initiative process, as set out in the Citizen Initiative Act, and bring forward a petition asking a clear question for citizens to consider,” his letter said.
In a July 29 new release, Mr. McClure, an independent officer of the Legislature, set out an explanation for the public of why he believes the matter must be referred to the courts.
He noted that the question proposed by Mitch Sylvestre of the APP – Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada? – “is a serious and significant question, with the potential to have profound impact on all Albertans.”
“The Chief Electoral Officer has responsibility under the Citizen Initiative Act to determine if the requirements of s.2 of that Act have been met,” that news release continued. “One of those requirements set out in section 2(4) of the Act is that ‘An initiative petition proposal must not contravene sections 1 to 35.1 of the Constitution Act, 1982’.”
“Given the potential implications of the constitutional referendum proposal and given the Legislature has expressly authorized the Chief Electoral Officer to state a question seeking the opinion of the Court, the Chief Electoral Officer has referred a question to the Court for its opinion. The Chief Electoral Officer has requested the Court provide an opinion on the following question: Does the following proposal contravene section 2(4) of the Citizen Initiative Act, in that it contravenes any or all of sections 1 through 35.1 of the Constitution Act, 1982.”
That news release was published by Mr. McClure after Premier Danielle Smith and Mr. Amery publicly admonished him for taking the matter to the court and pressed him to drop it. In their social media comments, they referred to judicial review as “red tape.”
Despite Premier Smith’s frequent protestations to the contrary, it is quite clear that the UCP Government and the APP are closely aligned and have been acting in concert.
It must also be noted that the premier’s notion of Alberta sovereignty is incompatible with the concept of a united country.
Despite the obvious profound significance of Mr. Amery’s decision to intervene in opposition to Mr. McClure’s request, thereby using taxpayer funds to act on behalf of a group dedicated to the breakup of Canada, no statement or news release on the topic was published on the government’s Alberta.ca website yesterday.
The government’s plan to intervene became known when former Progressive Conservative deputy premier Thomas Lukaszuk made reference to it in a post on social media yesterday afternoon.
On July 30, Mr. McClure’s office approved a petition for the “Alberta Forever Canada” citizen initiative launched by Mr. Lukaszuk, who has long been a vocal critic of the Smith government’s separatist machinations.
Mr. Lukaszuk’s petition calls for the referendum question to be “Do you agree that Alberta should remain in Canada?”
If Smith and the UCP really want to stay in Canada then why the heck are they so hell bent having a referendum and then asking the question preferred by separatists?
If the UCP is neutral why is it even intervening on one particular question? If the issue is just having a quick referendum, they could just go ahead with the Lukaszuk question, saving him and everyone else the trouble of getting a petition with such a high threshold. No, it seems clear Smith and the UCP want to rig the question a certain way, despite her hollow sounding protestations about being pro Canada.
DJC— I think this is very important, I don’t know how to put in the links…
PR Newswire Canada(18hrs ago)
https:// http://www.newswire.ca
ACFN Condemns Attempt to Silence First Nations ….
“This is a blatant attempt to silence Treaty First Nations and bulldoze through a radical secessionist proposal….
“ACFN’s legal team will be in court on Thursday to oppose Mr Sylvestre’s motion and support the implementation of a public notice plan and schedule that would allow First Nations and other concerned parties to formally intervene……..
ACFN has consistently defended federal jurisdiction and constitutional framework that upholds its rights — including at the Supreme Court of Canada. That fight now extends to this courtroom and this case.”
IMHO, Danielle and her minister are trying to really pull a fast one here. Given that Jeffrey Rath was reprimanded and fined $10,000 for his ‘dealings’ with the First Nations, and given that Mr Marvelous (gag) O’Leary said that the deal for the world’s largest AI centre is still a go, despite the cease and desist order ( no consultation etc.)
One could draw alot of conclusions about what Stormy Danielle and her (UAE/ US citizen) d’rump sponsor are really up to, and I personally don’t think it’s for the benefit of the First Nations people. This coming on the heels of the item in ‘reboot alberta’ — despite drought conditions plans continue for project that is going to draw massive amounts of water ….
But hey, climate science is just leftist woke ideaology, cough, cough, cough.
Here is a link: https://www.newswire.ca/news-releases/acfn-condemns-attempt-to-silence-first-nations-in-alberta-secession-case-we-will-not-be-erased–844762414.html DJC
Thank you! Very much!
Just a reminder about that reference to Section 35.1 of the Constitution Act:
35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed.
Those rights are an obligation of “the Crown” — currently Charles III — and that includes “His Majesty in Right of Alberta” represented by the lieutenant governor.
As Wikipedia notes: “The Alberta Sovereignty Within a United Canada Act gives the lieutenant governor the unique ability to, following a resolution passed by the legislature, and on ministerial advice, amend any piece of legislation (“Henry VIII powers”),[12] as well as to direct “provincial entities” to disobey any federal law for up to four years.[13] The constitutionality of these powers remains untested. ”
Just sayin’….
Oh yes, I can certainly see that Danielle Smith is not advocating separatism. Why else would a government lawyer remind a sitting judge that an Alberta separatist will be represented in the judge’s court?
Who should be paying? Should our chief electoral officer pay out of his pocket to go against a citizens group? Of course it should be public funds to argue both sides. Both sides represent different citizens interests. Alberta has been shafted by the rest of Canada from the beginning. I have nothing in common with the Eastern Provinces People and I am not the only Albertan that feels this way. Our interests and needs are vastly different.
Lorelei…
“Alberta has been shafted by the rest of Canada from the beginning ” . I’m curious about your choice of words. The beginning of ‘what’ ?
The “eastern provinces people ” WERE Canada before the province of Alberta was created out of the North West Territories. If that’s your argument, then I would have to say that the NWT should be saying that they want their land, resources etc. back under their control. I was born and raised in Alberta (2nd generation) have lived out west, you know- in BC, and all the way to NS. I have family across Canada–but we all started from Alberta the same as all the other immigrant families that came to Canada no matter where they ended up settling.
What we have in common is we are all Canadians “First and Foremost”. If you have ever traveled out of the country, your passport does not say you are from Alberta, it says you are Canadian.
“Our interests and needs are vastly different “…..
Say the people who live in the highrise to the people in the cul de sac, to the people on the farms, to the people who live in the boonies.
It’s called living in a society, that when working ‘together’ works on compromise, working for the greater good of all. It’s not perfect, but we who care for people do our best. When people start thinking in the “it’s all about me, what I want ” , they don’t realize that if everyone has that attitude Society starts to fray. If you have someone talking about splitting up the country, they are talking about control, and they want to have the power. Do you think that someone who has already been proven to have questionable morals, will break or circumvent the laws, is only interested in their own agenda; do you honestly think that they care about your needs or interests? They just want to know how to exploit your weakness, your lack of knowledge and I don’t mean that on a personal level. Most people just try to go about their lives, from the Yukon to Saskatchewan to New Brunswick. Mostly we’re just trying to get by ,don’t pay much attention to politics (voting numbers verify this) until something really affects them.
I’ve been saying for years that the people of Alberta with grievances against Ottawa and the “Eastern People” / elites should quit allowing them to come to Alberta and pretend that they care about what “Albertans want ” ,or they push their own agenda on the ones they can manipulate here.
Alberta doesn’t need separatists, Alberta needs more people like Bonnie Critchley, an independent who wants to stand up for her neighbors, to not take them for granted, to be their voice and representative ,not use them as a means of power for self glorification.
One final thought, and I will keep repeating it, from those of us who love our country, with all the lines and wrinkles and tired eyes, and grey hairs; those were all earned, sacrifices made, blood, sweat and many tears, BUT she is our country and if you don’t like it here, you really are free to leave. That’s the real freedom that Canada does offer. The rest of us will stay and try to look after what we have & need to be thankful for. We have a prime example of what we could end up with if we’re not careful.
Only 200 days??? Sorry !
Would that be from the beginning 10 000 years ago? You’re not homo sapiens sapiens like the “Eastern Provinces People”? What are these vastly different needs and interests that you have and those folks lack?
People *need* food, water, warm shelter, medical care. Those are “common needs”.
Those “needs” are covered under the “sovereignty” of your province. So if you’re not getting them, best look to Dixie Dani for answers. It’s not the feds that baked your healthcare and other social service systems.
A culture consists of language (same language), history (same history) food (same food), religion (same religions) and arts (same arts). Quebec and First Nations are a case in point.
So what *exactly* is so different about Alberta other than the endless demands that the rest of the country bow down and genuflect at the alter of oil and continue to pay for every pipeline that your Oil Gods demand?
As far as I was concerned, since the last pipeline was not a crown corporation we should never have paid for that one. I’ll be dammed if I support paying for any more. Or any more cleanup by the self-serving oil companies that leave a squalid mess that destroyed farmland that was useful for everyone.
With crown corporations come demands and protections that Oil Oligarchs either ignore and/or demand be removed.
It’s not everyone else’s fault that Alberta voted in leaders without a single thought for the future in their heads other than oil worship.
They didn’t look after the future of your children–they destroyed it.
Ontario is the business engine of Canada and the longer this blathering separation nonsense goes on, the more businesses and corporations take their money out of Alberta and move it here because Alberta is unstable.
Just as Quebec learned how that went for them.
“Our interests and needs are vastly different”? What the hell does that even mean? And here I thought we are all Canadian. Keep drinking that UCP Kool Aid and maybe go back to your favourite site, The Western Standard.
Lorellie where do you get the idea that Alberta has been shafted when every lawyer, accountant, economist, banker, or former Social Credit and Conservative MLAs I have talked to over the years doesn’t agree. Believing the lies these Reformers feed you doesn’t make you look very smart does it?
All the more reason for federal intelligence agencies to watch, monitor, and accumulate all information against all the actors in the APP and UCP.
Yes, because the Five Eyes and Echelon are just the things we need to protect us from identitarian kooks advocating political division.
Dave, a sincere thank you to you and your informed readers, such as randi-lee. Without your blog, the hijinks of Smith and her nest of vipers would go unreported. Your site is my primary source for trustworthy Alberta political news.
LAS…. also check out Thomas Lukaszuk’s post on social media on the issue I mentioned.
This is profoundly undemocratic and treasonous. In other words, par for the course for Marlaina.
Not going to lie, this is exactly why a former police officer should be the justice minister. They are very used to the law being what they say the law is and they are notorious in their disdain for lawyers, judges, rules in general, and the citizenry of the province who they definitely see on the OTHER side of the thin blue line. Thankfully we are not subject to the whims and opinions of Mr Amery when it comes to the constitution; we still have courts for that.
Typical of the NDP. The UCP are in this up to their eyeballs while the NDP have decided that they will remain uninvolved in Alberta separating from Canada. Perhaps Nenshi is thinking that a strong letter to the editor is required to remedy the situation. That’s our NDP, they never miss an opportunity to miss an opportunity.
Who says the courts aren’t a playground? When one thinks ,how farther can this circus go ?
And now this ,funny !
On a happy note ,Alberta just inducted/enrolled/patched/graduated/no history Assistant Commissioner/Brown Coat to the RCMP,looks like no wind is picking him up by that lapel ! If I had a dollar …..
I understood why many in Quebec wanted to seperate. Didn’t like it but understood it. Alberta who knows. A friend sent me a video of some Albertan going on and on about how Quebec receives all this transfer money and Albertans are paying for it, if they left Canada they’d have billions for their province, yada, yada, yada. But it was how he spoke about Indigenous People that convinced me it was all about getting their hands on the land which forms the reserves in Alberta. They want it, now who they is, I’m not sure. this quest to leave Canada is all about land, oil, money and perhaps keeping Trump happy.
We have Smith and co. carrying on about pipelines to the west coast and exporting their oil, etc. Now if they were to leave Canada B.C. could easily say, we don’t want pipelines in our province so forget it. People go between Alberta and B.C. constantly, vacations, business, jobs, . If Alberta left Canada you’d need a passport. If Alberta left Canada and Canada decided Albertans were no longer Canadian citizens, if they want to work in B.C. or other parts of Canada, they could well have to apply for immigration. Is Alberta going to have their own passports? How will they set up embassies in other countries? Will they have an armed forces. Would Smith become a President of Alberta. Smith just drank too much cool aid while at Mara la go. She most likely believes all the b.s. they sold her. Of course this is all a great distraction from Alberta’s real issues.
DJC, are we in sedition territory yet? We have a provincial premier using public money to pay for government lawyers to argue on behalf of separatists, whom she clearly supports. Before she was just yapping, so sedition laws didn’t yet apply. Now she’s actively doing sonething in a court of law and with public money no less, to support separatism. When is the law going to finally bite her ass?
Michele: The UCP continues to be fairly careful with its own language, and to continue to insist it believes a sovereign Alberta belongs in a united Canada. As I keep saying, though, the premier’s definition of sovereignty is incompatible with a united country. Federal agencies may be watching – who knows? But I think they are unlikely to act any time soon, maybe ever. DJC
There’s a thing about cake and having and eating.
Alberta separatists want a country within a country. They want to be special.
Absolutely NOT.
You don’t get the benefits of being in a group by acting like the lone wolf. You either compromise because the group is overall beneficial with occasional annoyances to belonging, or leave.
Every five-year-old learns this this in kindergarten.
Marlaina, the woman who would be Hashim Thaçi.
Murphy: I appreciate a reader with a good sense of geopolitics. Question for you: Is Enver Hoxhaj a relative of, you know, Enver Hoxha? DJC
It’s intriguing to see the government lawyer stepping in for the Alberta separatists. This could set a significant precedent for how provincial and federal dynamics play out in Canada. I’m curious to see how the court responds to this intervention and what it might mean for Alberta’s political future.
It’s fascinating to see the government taking a stance in such a contentious issue. The implications of this intervention could be significant for both Alberta’s political landscape and the broader conversation around provincial autonomy. I’m eager to see how the arguments unfold in court and what precedent this might set for future cases.