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Alberta court to weigh legality of sovereignty referendum proposal
EDMONTON — Alberta’s chief electoral officer has asked the Court of King’s Bench to determine if a proposed referendum question calling for Alberta to become a sovereign country is legal under provincial law.
Gordon McClure submitted the question to the court on July 28 under Section 2.1(1) of the Citizen Initiative Act. The request follows the receipt of a constitutional referendum proposal submitted by Mitch Sylvestre to Elections Alberta on July 4.
The proposed question asks: Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?
Under Section 2(4) of the Citizen Initiative Act, initiative proposals must not contravene sections 1 to 35.1 of the Constitution Act, 1982. The question also must adhere to the The Clarity Act, which was introduced by the federal government in response to the 1998 Supreme Court Reference re Secession of Quebec, which ruled that a province cannot unilaterally secede from Canada under either Canadian or international law. The Act outlines the conditions under which the Government of Canada would enter into negotiations following a provincial referendum on secession, including the need for a clear question and a clear majority, generally interpreted as a number much higher than 50 per cent plus one.
Both Sylvestre and Alberta’s minister of justice have been formally notified of the court referral, as required by legislation. The court is expected to schedule proceedings in line with the Citizen Initiative Act.
Elections Alberta says the status of the application will be posted on its website, with the court file number to be added once it is available.
Elections Alberta is an independent office of the Legislative Assembly responsible for managing provincial elections, by-elections and referendums.
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