Alberta Premier Danielle Smith has expressed her support for independence referendums, stating that no “gatekeepers,” such as the courts, should impede those seeking such a vote. Smith made these remarks during her radio call-in show after her government introduced legislation to stop a court case regarding a proposed provincial vote for independence.
She emphasized the importance of upholding democracy by allowing Justice Minister Mickey Amery the discretion to approve referendum questions, as outlined in the new legislation. Smith criticized the tendency of the chief electoral officer and the courts to selectively approve certain questions while holding back others, which she views as undemocratic.
This statement follows Alberta Justice Colin Feasby’s assertion that a separatist referendum question would violate the Charter, First Nations treaty rights, and the province’s existing referendum law. The chief electoral officer, Gordon McClure, had referred the separation question to the courts, leading to criticism from Smith’s government for causing unnecessary bureaucracy.
Feasby, in a recent Court of King’s Bench decision, denounced the government’s attempt to change referendum rules midway through the process as undemocratic and undermining the justice system. Smith argued that citizen-initiated referendums should not face unnecessary obstacles.
The newly proposed bill by the United Conservative Party (UCP) aims to render Feasby’s court ruling irrelevant if enacted. It also grants the separatist group, the Alberta Prosperity Project, the opportunity to restart collecting signatures for an independence referendum. Justice Minister Amery stated that the bill offers a “reset” and aims to prevent court interference in direct democracy.
Despite speculation within her party, Smith has not explicitly supported withdrawing Alberta from Confederation. The UCP’s bill is part of a broader strategy to limit court interventions, with the government invoking the Charter’s notwithstanding clause multiple times to protect its legislation from legal challenges.
The UCP’s utilization of the notwithstanding clause has been a point of contention, particularly regarding laws affecting transgender rights. Bill 26 restricts gender-affirming care for trans youth, Bill 27 mandates parental consent for students under 16 to use preferred names or pronouns at school, and Bill 29 permits only athletes assigned female at birth to participate in women’s sports.