A judge ruled that Alberta officials improperly approved a separatist petition because they did not consult Indigenous groups with historic treaties, potentially jeopardizing treaty rights. Stay Free Alberta says it submitted more than 300,000 signatures — enough to trigger an October referendum — and plans to appeal. Justice Shaina Leonard called the approval "unreasonable" without Indigenous consultation. Support for independence in Alberta is around 30%, and leaders warn the campaign could reshape Canadian politics even if a referendum fails.
Judge Blocks Alberta Separatist Petition Citing Failure To Consult Indigenous Groups
Alberta separatists rallied in the capital Edmonton last week (Henry MARKEN)(Henry MARKEN/AFP/AFP)
A provincial judge ruled Wednesday that Alberta officials erred when they approved a petition from Stay Free Alberta to collect signatures for a referendum on independence, and the pro‑independence group has said it will appeal.
Stay Free Alberta, a citizens' group that seeks independence for the western, oil‑rich province, had been authorized by Elections Alberta to gather signatures in support of a secession referendum. Last week in Edmonton the group delivered boxes it said contained more than 300,000 signatures — a total it claims is sufficient to trigger a referendum this October.
But Justice Shaina Leonard found the approval process to be flawed, saying officials did not consult Indigenous groups in Alberta who hold treaties with the British Crown dating back to before Canadian Confederation. Leonard warned that an independent Alberta could put treaty rights at risk and described the approval without Indigenous consultation as "unreasonable," according to media reports.
"Approving the petition without appropriate consultation with Indigenous peoples was unreasonable," the judge said, citing the potential effects on treaty rights.
Jeffrey Rath, Stay Free Alberta’s lead legal adviser, called the ruling legally problematic and said the group "disagrees fundamentally with the decision." Rath said on X that the organization has been instructed to prepare appellate documents and will pursue further legal action.
While the ruling is a setback for the separatist movement, Stay Free Alberta still has several potential avenues to pursue a referendum. Public polling indicates support for independence in Alberta is roughly 30 percent — a level activists describe as historically high.
Supporters say they are motivated by federal climate and energy policies they view as harmful to Alberta’s oil and gas sector. The group's leaders say they do not seek political union with the United States but have suggested they expect political support from former U.S. President Donald Trump for efforts to separate from Canada.
Both separatist and federalist figures caution that even if a future referendum fails, the campaign could leave a lasting mark on Canadian politics by reshaping debate over provincial rights, resource policy and Indigenous consultation.
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