{"id":935337,"date":"2026-10-16T15:44:13","date_gmt":"2026-10-16T15:44:13","guid":{"rendered":"https:\/\/www.newsbeep.com\/ca\/935337\/"},"modified":"2026-10-16T15:44:13","modified_gmt":"2026-10-16T15:44:13","slug":"danielle-smith-has-said-no-to-a-second-referendum-but-that-decision-might-not-be-hers-to-make","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ca\/935337\/","title":{"rendered":"Danielle Smith has said no to a second referendum. But that decision might not be hers to make"},"content":{"rendered":"<p><img loading=\"lazy\" decoding=\"async\" src=\"https:\/\/www.cbc.ca\/a\/assets\/texttospeech.svg\" alt=\"Text to Speech Icon\" width=\"44\" height=\"44\"\/><\/p>\n<p>Listen to this article<\/p>\n<p>Estimated 4 minutes<\/p>\n<p>The audio version of this article is generated by AI-based technology. Mispronunciations can occur. We are working with our partners to continually review and improve the results.<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">Premier Danielle Smith has drawn a line in the sand, saying that she <a class=\"link-_o8iA html-anchor\" href=\"https:\/\/www.cbc.ca\/news\/canada\/calgary\/alberta-premier-danielle-smith-referendum-vote-9.7376571\" target=\"_blank\" rel=\"nofollow noopener\">will not hold another referendum<\/a> on Alberta separation should the majority of her province vote to remain in Canada.\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">But her statement raises questions about the fate of the original citizen\u2019s initiative petition that called for a vote on separation \u2014 one of the first falling dominos to put Alberta on the referendum path \u2014 that remains stalled before the courts.\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">Should an appeal by the Alberta government and a separatist group be granted, that petition could again move forward, potentially reviving the referendum conversation, legal experts say, whether Smith wishes it to be or not.<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">&#8220;When it comes to the prospect of a government referendum (on holding another referendum) and a citizen\u2019s initiative coexisting in the world, \u201cnothing like this has happened before,\u201d says Kathleen Mahoney, professor emerita of the faculty of law at the University of Calgary.\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">\u201cWe&#8217;re in uncharted waters,\u201d added Gerard Kennedy, a constitutional law professor at the University of Alberta.\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">The potential quagmire dates back to January, when separatist group Stay Free Alberta began gathering signatures for its petition, which wanted an unabashedly-separatist question put to the province in a constitutional referendum. The petition asked: \u201cDo you agree that the province of Alberta should cease to be a part of Canada to become an independent state?\u201d\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">But that effort was quashed by a judge who found the group had failed to consult with First Nations, a decision sharply criticized by Smith. She would ultimately announce the government would pose a referendum question of its own on the province\u2019s relationship with Canada, on which Albertans will vote next week.\u00a0<\/p>\n<p>Cross Country Checkup is asking:\u00a0What\u2019s at stake for you in the Alberta referendum? What conversations are you having with friends and family? What questions do you have?\u00a0Leave your comment\u00a0<a class=\"link-_o8iA html-anchor\" href=\"https:\/\/docs.google.com\/forms\/d\/e\/1FAIpQLSfz7NLvAI678_BbjMastfUCchYQsLXJV-3XnBuGvKf6csA1eQ\/viewform\" target=\"_blank\" rel=\"nofollow noopener\">here<\/a>\u00a0and we may read it or call you back\u00a0for Sunday&#8217;s show<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">Both Stay Free Alberta and the provincial government appealed the court decision that put the first petition on hold. In June, Court of Appeal Justice Alice Woolley granted a partial stay, which allowed the signatures <a class=\"link-_o8iA html-anchor\" href=\"https:\/\/www.cbc.ca\/news\/canada\/calgary\/alberta-referendum-separatist-stay-free-petition-court-of-appeal-decision-9.7252814\" target=\"_blank\" rel=\"nofollow noopener\">to be counted<\/a> while the appeal continued.<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">In July, Elections Alberta <a class=\"link-_o8iA html-anchor\" href=\"https:\/\/www.cbc.ca\/news\/canada\/edmonton\/elections-alberta-separation-petition-verified-9.7283199\" target=\"_blank\" rel=\"nofollow noopener\">confirmed that the first petition<\/a> met the bar for a successful petition, having amassed roughly 220,000 verified signatures. But it\u2019s not clear when a final decision is expected on the appeal.\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">If it is ultimately allowed to proceed, \u201cthe government could find itself legally required to deal with it,\u201d Mahoney said.\u00a0\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">\u201cWhether that obligation would actually force a second referendum, and how quickly, remains an open legal question.\u201d\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">In an email, a spokesperson for Elections Alberta said that the government has the ability to make the final decision on most citizen\u2019s initiatives. But the exception is proposals for constitutional referendums, such as the petition from Stay Free Alberta.<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">The legislation says that, should the proposal be successful, the minister \u201cshall refer [it] to the Lieutenant Governor in Council for the purpose of a constitutional referendum.\u201d<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">But even if that happened, many wild cards remain. There are still unresolved questions about when Alberta would be required to consult with Indigenous people on a proposed referendum that could affect treaty rights, Mahoney said.\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">The government has made recent changes to the legislation, including removing rules against having two referendums on the same topic and requiring a referendum to be held within a certain time period after a successful petition.\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">That means the government would have a lot of control over the timing and form of such a referendum, Kennedy says. There are also restrictions on proximity to an election, he added.\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">A government spokesperson declined comment, referring CBC News to the premier\u2019s previous comments.<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">When asked whether his group would continue to pursue another vote even if most Albertans vote to remain next week, Jeffrey Rath, counsel for Stay Free Alberta, responded \u201cyes\u201d in a text, before adding four cry-laughing emojis.<\/p>\n","protected":false},"excerpt":{"rendered":"Listen to this article Estimated 4 minutes The audio version of this article is generated by AI-based technology.&hellip;\n","protected":false},"author":2,"featured_media":935338,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[2],"tags":[43,44,41,39,42,40],"class_list":["post-935337","post","type-post","status-publish","format-standard","has-post-thumbnail","category-headlines","tag-headlines","tag-news","tag-top-news","tag-top-stories","tag-topnews","tag-topstories"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/935337","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=935337"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/935337\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/935338"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=935337"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=935337"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=935337"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}