Fact check: Lukaszuk appealed his own court case repeatedly, now says Alberta shouldn’t challenge a judge’s ruling

“Courts rule on what is right and what is wrong and what is lawful and what is illegal. They don't render popular decisions," said Thomas Lukaszuk.

 

source: Facebook / Thomas A. Lukaszuk

Former Alberta deputy premier Thomas Lukaszuk is criticizing Premier Danielle Smith for calling a recent court ruling “undemocratic” and signalling an appeal.

During a CBC panel discussion, Lukaszuk stated:

“Courts rule on what is right and what is wrong and what is lawful and what is illegal. They don't render popular decisions. They render righteous decisions.”

However, appealing court decisions is a standard part of the Canadian legal system — including in cases involving Lukaszuk himself.

Following the 2004 Alberta election in Edmonton-Castle Downs, Lukaszuk pursued multiple appeals after initially losing by a narrow margin to Liberal candidate Chris Kibermanis.

After the original vote count and a judicial recount, Kibermanis still held a three-vote lead. Lukaszuk continued appealing the matter to higher courts.

In January 2005, the Alberta Court of Appeal ultimately ruled that several previously excluded ballots should be counted and declared Lukaszuk the winner by three votes.

According to parliamentary records, it was the first Alberta recount dispute to proceed to the Court of Appeal level.

None of those appeals were treated as improper attacks on the judiciary.

Under Canadian law, appeal courts exist specifically because lower court rulings can be challenged, reviewed, overturned, or clarified.

Premier Danielle Smith’s government has indicated it intends to appeal the recent ruling involving Alberta’s proposed independence referendum petition.

Whether the appeal succeeds or fails will ultimately be determined through the normal appellate court process.

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Sheila Gunn Reid

Chief Reporter

Sheila Gunn Reid is the Editor-in-Chief, Alberta Bureau Chief, member of the board of directors, and host of The Gunn Show at Rebel News. Sheila also serves as President of the Independent Press Gallery of Canada. A mother of three and longtime conservative activist, Sheila is the author of bestselling books, including her most recent release, Independence Blueprint: What Alberta Can Learn From Quebec.

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