Stay Free Alberta files appeal of Court of King’s Bench decision striking down separation petition

Stay Free Alberta has filed an appeal after last week’s court ruling struck down their petition.

Court of King’s Bench Justice Shaina Leonard found the province failed to meet its duty to consult First Nations before allowing a process that could affect treaty rights.

Both the Alberta government and separatist organizers argue that there’s no way citizen groups could consult and even if they couldn’t, no rights were infringed and that consultation isn’t a right in the first place.

Organizers of the Stay Free Alberta petition will be back at the courthouse Tuesday.

“We’re going to be filing a stay application with Court of Appeal to have Justice Leonard’s decision set aside pending appeal,“ said Jeffrey Rath who is the general counsel for Stay Free Alberta and the Alberta Prosperity Project. ”And you know, on the basis that it’s such a bad decision, and that the democratic rights of 301,620 Albertans -- so you know we’ll be applying to the court of appeal to have that decision stay pending appeal.”

Premier Danielle Smith called the judgement an overreach and her government is reviewing all legal options that could include the use of the notwithstanding clause and working to identify a broader interpretation of Section 33 of the Charter of Rights and Freedoms.

Rath said Justice Leonard ignored a Supreme Court ruling on secession referendums.

“The Supreme Court made it clear that nobody’s rights are affected by a referendum on independence,” Rath said. “(And) the reason that nobody’s rights are impacted is because a referendum on independence is a mere political expression of the opinions of the electorate, right? It’s not binding on anybody.

“Citizens are not parties to the Constitution,” he added. “They’re not involved in the amending process. They have no power to amend the Constitution. That power resides strictly within the provinces and within the federal government.”

With files from CTV’s Kathy Le