The True Post(Web News) EDMONTON A request to halt a judicial review of Alberta’s proposed referendum question on secession has been denied.
The question will now go before the court for a formal hearing on its constitutionality. In his ruling on Thursday, King’s Bench Justice Colin Faceby said that judicial review of such a sensitive and important issue is an essential part of the democratic process. According to the judge, the question is related to the possibility that Alberta could secede from Canada and become an independent country, so citizens have the right to have their arguments for and against it presented openly and to a full hearing.
The matter came to court when Alberta’s Chief Electoral Officer Gordon McClure referred the question to the court to determine whether it violates the constitution, including treaty rights. The Alberta Prosperity Project had applied to the court to overturn the referral, but the judge ruled that the applicant had failed to prove its case. The ruling said that passing the referendum question without scrutiny could not only undermine the transparency of the process but also violate democratic principles.
Judge Feeby added that the Chief Electoral Officer’s action was not premature or undemocratic, but rather prevented unconstitutional questions from going to a public vote, which strengthens the legality of the process. A three-day hearing has been set for November in which various parties will be allowed to intervene.
