An Alberta Court of King’s Bench justice has quashed Elections Alberta’s approval of a petition seeking a referendum on Alberta independence from separatist group Stay Free Alberta. Within hours, Dani Panama said Alberta taxpayers will appeal the decision, calling it ‘undemocratic’.
When asked how far she would go…
Smith claimed that she wanted a permissive approach where any subject could be discussed…
And added she isn’t sure that Duty to Consult applies to separation.
As if two judges hadn’t recently ruled it does.#abpoli #ableg #cdnpoli pic.twitter.com/rjt9W8TNQd
— The Breakdown (@TheBreakdownAB) May 13, 2026
➡️ Premier Smith: We think there might have been an error in law and we are going to appeal it. Lay lawyer Dani Panama says she isn’t sure that ‘Duty to Consult’ applies to separation. Two judges have recently said it does, plainly.
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Justice Shaina Leonard issued two decisions May 13. |
One found that chief electoral officer Gordon McClure made an error in law to approve the second citizen’s initiative petition and failed to consider an earlier decision that said separation would violate Treaty rights.
Leonard’s conclusion says there was an error of law, “rendering the [chief electoral officer]’s decision unreasonable.” She also found that the government, as representative of the Crown, failed in its duty to consult with applicants Athabasca Chipewyan First Nation, Blood Tribe, Piikani Nation, and Siksika Nation.
Stay Free Alberta collected signatures between Jan. 2 and May 2. Mitch Sylvestre, leader of the group, delivered the petition to Elections Alberta’s Edmonton office on May 4.
| Terd kicker lawyer Jeff Rath was fundamentally unhappy with Leonard’s decision. |  |
“We disagree fundamentally with the decision which appears on its face to violate principles of natural justice and contain numerous errors of law,” he wrote on X.
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