Trudeau-appointed judge halts independence referendum petition after First Nations challenge
Jeff Rath, lawyer for Stay Free Alberta, said the group plans to appeal, arguing the ruling contains “numerous errors of law.”
An Alberta judge has halted the province’s independence referendum process after ruling the government failed to consult several First Nations before allowing the petition drive to proceed.
Justice Shaina Leonard, a federally appointed judge selected by the Liberal government in 2020 and originally from New Brunswick, issued the ruling Wednesday, siding with the Athabasca Chipewyan First Nation, Blood Tribe, Piikani Nation and Siksika Nation.
OFFICIAL STAY FREE ALBERTA STATEMENT CONCERNING THE RECENT JUDICIAL DECISION ON THE STAYFREE ALBERTA INDEPENDENCE PETITION :
— Jeffrey Rath (@JeffreyRWRath) May 13, 2026
“We disagree fundamentally with the decision which appears on its face to violate principles of natural justice and contain numerous errors of law.
We…
The decision freezes verification of more than 301,000 signatures collected by Stay Free Alberta in support of a citizen-led referendum on Alberta separation.
Justice Leonard found the province breached its duty to consult First Nations before permitting the referendum process to move ahead.
BREAKING: Athabasca Chipewyan FN & Blood Tribe say they've won their court challenge of the Alberta separation referendum. The Chief Electoral Officer’s decision to issue a citizen initiative petition on independence has been quashed.
— Jonny Wakefield (@jonnywakefield) May 13, 2026
Lawyer Kevin Hille, representing the First Nations groups, called the ruling “a significant victory for the rule of law and the protection of constitutional rights in Alberta.”
The other ruling in Athabasca Chipewyan and Blackfoot is also out, currently trying to figure out what it means but here's the conclusion. pic.twitter.com/v4Q0q0WUHb
— Jonny Wakefield (@jonnywakefield) May 13, 2026
Jeff Rath, lawyer for Stay Free Alberta, said the group plans to appeal, arguing the ruling contains “numerous errors of law.”
Sturgeon Lake First Nations lost their lawsuit today on the same issue.
BREAKING: Sturgeon Lake Cree Nation has lost its bid for an injunction in the Alberta separation referendum. Reading the decision now, here's the conclusion. #ableg pic.twitter.com/5HFbqSKbR0
— Jonny Wakefield (@jonnywakefield) May 13, 2026
Constitutional lawyer Keith Wilson, an outspoken advocate for independence, weighed in on the ruling on social media. Wilson suggested the decision does not block a referendum.
“The decision today points to a cleaner lawful route: the secession referendum needs to be initiated by Alberta’s Cabinet under the Referendum Act, not through the Citizen Initiative Act,” he said.
My read of Justice Leonard’s decision: it does not prohibit an Alberta independence referendum. The ruling is much narrower and merely technical. It says Bill 14’s transition provisions did not revive or validate the Sylvestre independence citizen-initiative petition after the…
— Keith Wilson (@ikwilson) May 13, 2026
“That means the ball is now in the Smith government’s court to set the secession question for the October 2026 referendum (just like the Supreme Court of Canada envisioned in the 1998 Reference Case).”
This story is developing.
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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COMMENTS
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susan gerbes commented 2026-05-19 21:22:55 -0400the problem, Fran, is that most Canadians likely don’t agree with Carney’s moves either, because they are hypnotized by the legacy media, and he gets away with it. Unfortunately a few greedy, corrupt leaders can do the damage of a million ordinary people. -
Fran g commented 2026-05-19 12:34:54 -0400This is only a few greedy,corrupt chiefs, lawyers, politicians etc. Most ordinary indigenous people do not agree. Most know they would be far better off to be rid of the current corrupt lib govt.
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susan gerbes commented 2026-05-14 09:21:17 -0400I am really tired of the hostage taking by native groups. Can’t we move on, like mature adults, instead of pointing fingers and holding Canada ransom?
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Bruce Atchison commented 2026-05-13 21:41:24 -0400I hope other Albertans are fed up with eco-funded first nations suing and opposing democratic desires of the citizens.
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Bernhard Jatzeck commented 2026-05-13 20:52:43 -0400This comes as no surprise to many of us who remembered the Berger Inquiry from 50 years ago.
When the Mackenzie Valley Pipeline was under consideration, PET establishing a Royal Commission to ensure that it would never get built. He appointed Thomas Berger, former NDP politician and Supreme Court of B. C. judge to run it.
We should have seen that the deck was stacked by his presence and that the fix was in from the beginning. The project was “postponed” for 20 years because there, apparently, weren’t “enough” natives available to build or operate the pipeline.
