Elections Alberta goes to court over separation referendum question

Elections Alberta approved a competing question on June 30 to keep Alberta in Canada, prior to the new rules being implemented.

 

Premier Danielle Smith and a cabinet minister are pressing Alberta's electoral officer to approve a separation referendum question, advocating against bureaucratic delays. 

The question asks: "Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?"

On Monday, Chief Electoral Officer Gordon McClure referred the proposed referendum question to the courts for a constitutionality decision, according to the Canadian Press

For the question to appear on a ballot, McClure's approval is necessary. Only then can the Alberta Prosperity Project (APP), the group that filed the petition on separation, begin collecting signatures.

On April 29, Premier Smith extended the referendum signature collection to 120 days (from 90) and set the trigger threshold at 10% of eligible voters from the last general election, or 177,000 signatures.

Smith asserted that these changes would have been introduced regardless of the federal election on April 28, which resulted in another Liberal minority government.

McClure clarified yesterday that provincial laws require referendum questions to align with over 30 constitutional sections, including the Charter of Rights and Freedoms. He did not specify if concerns led to the question's referral to the courts.

Elections Alberta previously stated that referendums could address both constitutional and non-constitutional issues. Therefore, both Smith and Justice Minister Mickey Amery described the electoral officer's decision as a "delay tactic."

"As it is the Government of Alberta that ultimately decides how or if to implement any referendum result, those government decisions will ultimately be subject to constitutional scrutiny," Amery wrote Tuesday morning.

"We encourage Elections Alberta to withdraw its court reference and permit Albertans their democratic right to participate in the citizen initiative process."

Smith aligned with Amery, agreeing to a separation referendum next year if it meets the signature threshold, despite her personal opposition.

Provincial law mandates a hearing within 10 days of court referral. McClure's office said he has 30 days post-ruling to assess if the proposed referendum question meets other legal requirements.

Amery stated Tuesday that the rule changes were meant to be "broadly permissive" and that McClure's court referral didn't align with their intent.

NDP deputy leader Rakhi Pancholi accused the UCP government of “authoritarian tendencies, corruption, and incompetence,” claiming they are undermining their own laws to appease separatists. Nearly two-thirds (65%) of UCP voters back the province leaving Canada.

“Albertans deserve better than a government hell-bent on tearing our country apart to save their political skins,” she told the Press.

Mitch Sylvestre of the APP, however, believes interest in an Alberta separation referendum grows with each group event, stating last month, "The more people that hear what the message is, the more people that will be in favour."

A May 2025 Angus Reid poll found 36% of Albertans support separation from Canada, with roughly half supporting an independence referendum. 

Smith acknowledged last month that separatist sentiments in her province are at an all-time high and urged the federal government to take the movement "seriously."

Meanwhile, McClure approved a competing question on June 30 to keep Alberta in Canada, prior to the new rules being implemented. It will require 294,000 signatures.

Alberta's lowered referendum bar took effect July 4. 

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Alex Dhaliwal

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Alex Dhaliwal is a Political Science graduate from the University of Calgary. He has actively written on relevant Canadian issues with several prominent interviews under his belt.

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COMMENTS

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  • Wayne Currie
    commented 2025-07-31 00:39:40 -0400
    So, the Chief Electoral Officer is appealing to over 30 provisions in our Constitution & Charter that must satisfy him for the independence question to proceed. Both documents have proven to be worthless, & are appealed to only when the big boys feel threatened. With Lich & Barber still before the courts 3 1/2 years later on a mischief charge (with no end in sight) the CEO’s wet dream of an independence question being delayed ’till 2039 would be realized. If the people of Alberta want independence, throw buggers like the CEO into the drink & get on with it.
  • Bruce Atchison
    commented 2025-07-30 18:17:52 -0400
    Rigged is what the system is. Anti-separatists want to obscure the intent of the question so people will be confused and vote to stay in Canada. We need out before the socialists turn Canada into North Venezuela.
  • Robert Pariseau
    commented 2025-07-29 22:30:44 -0400
    “Do you want Alberta to separate from Canada and become an independent country?”
    Can you get any clearer than that?
  • Bernhard Jatzeck
    commented 2025-07-29 21:53:30 -0400
    If meddling in a federal level election is acceptable, why not when it comes to a potential provincial separation? But that’s not corruption, nooooooo……
  • Bruce Atchison
    commented 2025-07-29 19:43:04 -0400
    Grifters hate clarity. It wrecks their lies. Let us decide if we want to stay or leave confederation.