Referendum on Canada’s Alberta secession hits legal roadblock, premier demands action

Chief electoral officer of Canada’s Alberta Province, Gordon McClure, is resisting calls from Premier Danielle Smith and Justice Minister Mickey Amery to approve a proposed referendum question on Alberta’s separation from Canada. The issue has sparked a heated debate over the province’s democratic process and constitutional limits.

Smith and Amery took to social media to urge that Albertans be allowed to start gathering signatures for the referendum “without needless bureaucratic red tape or court applications slowing the process.” Their comments followed McClure’s decision to refer the proposed separation question to the courts for judicial review, to determine if it violates the Canadian Constitution, Caliber.Az reports, citing foreign media.

“In seeking the opinion of the Court, the Chief Electoral Officer is fulfilling his duty under the Citizen Initiative Act in an independent, neutral and non-partisan manner,” McClure said in a statement. He emphasized the seriousness of the referendum, noting it “has the potential to have profound impact on all Albertans.” The court will specifically examine whether the question conflicts with constitutional provisions, including Charter rights and treaty obligations.

The proposed referendum question reads: “Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?” Approval from McClure is required before petitioners can begin collecting the 177,000 signatures needed within four months to place the question on the ballot.

Amery argued the judicial review was premature, stating, “We encourage Elections Alberta to withdraw its court reference and permit Albertans their democratic right to participate in the citizen initiative process.” Smith expressed similar sentiments, adding she supports “Alberta sovereignty within a united Canada.”

The controversy deepened as opposition NDP deputy leader Rakhi Pancholi accused Smith and Amery of undermining the law they enacted to appease separatists in their party. “Albertans deserve better than a government hell-bent on tearing our country apart to save their political skins,” she said.

Meanwhile, the Alberta Prosperity Project, which submitted the separation question, criticized McClure’s decision as a “delay tactic.” Its spokesperson, Mitch Sylvestre, noted growing public interest in the referendum.

Alberta’s new referendum rules lowered signature thresholds to encourage citizen initiatives, but McClure’s court referral has reignited tensions over how far the province can pursue sovereignty within Canada’s legal framework.

By Vafa Guliyeva