Alberta Premier Danielle Smith voiced her stance on the issue of independence referendums, emphasizing that no “gatekeepers,” such as the courts, should impede those seeking such referendums. This statement came during her radio call-in show, following her government’s introduction of legislation aimed at pausing a court case related to a proposed provincial vote for Alberta’s separation from Canada.
Smith highlighted the importance of upholding democracy by granting Justice Minister Mickey Amery the authority to exercise discretion in approving referendum questions. She criticized the tendency of institutions like the chief electoral officer and the courts to cherry-pick which questions to endorse, labeling it as undemocratic.
This discussion unfolded in response to Alberta Justice Colin Feasby’s recent statement that a referendum on separation would violate the Charter, First Nations treaty rights, and existing referendum laws in the province. The issue was escalated to the courts by Alberta’s chief electoral officer earlier this year, a move that drew criticism from Smith’s government for causing bureaucratic delays.
In a decision issued by the Court of King’s Bench, Feasby condemned the government’s attempt to change referendum rules midway through the process as undemocratic and detrimental to the justice system. In contrast, Smith argued that citizen-initiated referendums should not face unnecessary obstacles from multiple gatekeepers.
The United Conservative Party (UCP) introduced a bill that would render Feasby’s court ruling irrelevant if passed into law. This bill also grants the separatist group, the Alberta Prosperity Project, the opportunity to recommence their efforts to collect signatures for an independence referendum.
Emphasizing a commitment to direct democracy, Amery asserted that the government’s objective is to prevent court interference and allow proponents of independence to demonstrate their level of support. Smith has consistently expressed her support for a sovereign Alberta within Canada, although she has not explicitly backed the idea of withdrawing the province from Confederation, a move advocated by some within her party.
The UCP’s legislative actions are part of a broader strategy to limit judicial influence, with the party contending that unelected judges have exceeded their authority and need to be restrained. Throughout the fall legislative session, the government has utilized the Charter’s notwithstanding clause to shield its laws from legal challenges, including resolutions to end a teacher strike and address issues affecting transgender individuals.
The UCP’s invocation of the notwithstanding clause has triggered backlash, leading to a surge in recall petitions targeting members of the caucus. This approach reflects the government’s assertive stance on legal matters and its efforts to push forward its policy agenda despite potential judicial opposition.