Carney Says Alberta Is Better Off Remaining in Canada, After Judge Rejects Referendum Petition

Prime Minister Mark Carney says the “best place” for Alberta is to remain in Canada, a day after a judge threw out an Alberta petition seeking a referendum on separation.

Alberta Court of King’s Bench Justice Shaina Leonard quashed the petition on May 13, finding it should not have been issued under provincial law and that the government of Albertan Premier Danielle Smith failed in its duty to consult the province’s First Nations.

“The best place for Alberta is in Canada, and certainly a Canada that works, which is what we’re pursuing,” Carney told reporters on May 14 in Ottawa.

The prime minister said that while referendums are a necessary process in democracies, the federal government also must ensure they follow the rules.

“Ultimately, Parliament has a role in making the judgment about the question,” Carney said, noting that the Clarity Act requires any separation question to be clearly defined.

Smith has called Leonard’s ruling “anti-democratic” and says her government will appeal. She is facing calls to put the separation question on a ballot herself and has said the court decision will be further discussed with cabinet members and her United Conservative Party (UCP) caucus.

“Although our government does support Alberta remaining in Canada, we think that today’s decision by the court will deny the opportunity to well over 300,000 Albertans to have their petition verified by Elections Alberta,” Smith said. “We think that this decision is incorrect in law and anti-democratic, and we will be appealing it as a result.”

Stay Free Alberta, which organized the petition drive, says more than 300,000 signatures were collected. The group criticized Leonard’s ruling and said it “appears on its face to violate principles of natural justice and contain numerous errors of law.”

The group also said it plans to appeal the decision.

Leonard’s ruling found that Alberta’s Chief Electoral Officer Gordon McClure made a legal error in authorizing the petition seeking a referendum on Alberta’s separation from Canada.

She found that McClure had not properly considered a previous court ruling that Alberta’s separation from Canada would violate the treaty rights of several First Nations that launched a legal challenge earlier this year.

Smith has previously said that if the petition meets all legal requirements a referendum on Alberta’s separation from Canada would be included in referendum questions this October.

A poll by Pollara released last month found support for Alberta separatism at 27 percent, the highest in five years. It also found that 58 percent of respondents who supported separation still considered themselves proud Canadians.

An Angus Reid poll in February found that 29 percent of Albertans said they would lean toward or definitely vote to separate in a referendum. Among UCP supporters, however, support for separation rose to 57 percent.

Matthew Horwood contributed to this report.