The True Post (Web News)Alberta Premier Danielle Smith and Justice Minister Mickey Amery have urged the province’s Chief Electoral Officer to approve a proposed referendum question on provincial separation.
However, Chief Electoral Officer Gordon McClure has insisted the question poses serious constitutional implications and is seeking a judicial opinion.McClure highlighted that, as a neutral and non-partisan official, he is mandated to determine whether the referendum question conforms with the Citizen Initiative Act. Section 2(4) of the Act requires that any proposed referendum question must not conflict with sections 1 to 35.1 of the Constitution Act, 1982.The proposed referendum asks voters: “Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?”
If approved, the Alberta Prosperity Project would be authorized to collect 177,000 signatures within four months to qualify the question for the ballot.Amery emphasized that since the Alberta government retains the ultimate authority on whether any referendum result is implemented, those decisions would inevitably undergo constitutional scrutiny. “
We encourage Elections Alberta to withdraw its court reference and allow Albertans to proceed with their democratic right under the citizen initiative process,” he wrote.Premier Smith echoed Amery’s position, while reaffirming her support for “Alberta sovereignty within a united Canada.”Opposition NDP deputy leader Rakhi Pancholi criticized the government’s actions, accusing both Smith and Amery of undermining their own legislation to appease separatist elements within their party. “Once again, Danielle Smith and her UCP government’s authoritarian tendencies, corruption and incompetence are on full display,” she stated.Jeffrey Rath, legal counsel for the Alberta Prosperity Project, also rebuked McClure, Smith, and the NDP, arguing the delay is politically motivated. He asserted that simply asking the question cannot violate the Constitution and pledged to pursue a court battle over the legitimacy of the question.The Chief Electoral Officer has filed a reference with the court to assess whether the proposed question might infringe on democratic rights, life, liberty and security of person, the enforcement of guaranteed rights and freedoms, or the recognition of Aboriginal and treaty rights.
