{"id":944656,"date":"2026-10-24T15:52:57","date_gmt":"2026-10-24T15:52:57","guid":{"rendered":"https:\/\/www.newsbeep.com\/ca\/944656\/"},"modified":"2026-10-24T15:52:57","modified_gmt":"2026-10-24T15:52:57","slug":"chiefs-opposition-call-for-alberta-government-to-drop-appeal-of-decision-that-quashed-separation-petition","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ca\/944656\/","title":{"rendered":"Chiefs, Opposition call for Alberta government to drop appeal of decision that quashed separation petition"},"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\">With the Alberta referendum now in the books, some First Nation chiefs are calling on the provincial government to drop its appeal of a judge\u2019s decision to quash the citizen petition on separation.<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">\u201cI mean, now that the referendum\u2019s happened, the issue\u2019s moot,\u201d said Siksika Nation Chief Samuel Crowfoot. \u201c<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\">[Premier Danielle Smith] said up and down<\/a> that she&#8217;s not going to pursue another referendum. Well, I think now\u2019s the chance for her to put action to those words and to drop that appeal.\u201d\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">Crowfoot says doing so could help repair the relationship between First Nations and the province \u2014 a relationship, he says, right now is \u201cfractured.\u201d\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">&#8220;The people said it straight out: we are not going to go through a separation. So my question would be is: why hang on to a process that the Alberta people gave her no mandate to speak on?&#8221; Athabasca Chipewyan First Nation Chief Allan Adam said. <\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">At issue is a petition led by pro-independence group Stay Free Alberta to prompt the province to consider a referendum question on separation.\u00a0It garnered <a class=\"link-_o8iA html-anchor\" href=\"https:\/\/www.cbc.ca\/news\/canada\/edmonton\/alberta-separatists-say-more-than-300k-have-signed-petition-9.7187218\" target=\"_blank\" rel=\"nofollow noopener\">more than 300,000 signatures\u00a0<\/a>earlier this year.  <\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">NDP Leader Naheed Nenshi echoed the chiefs&#8217; calls at a news conference Friday morning.\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">\u201cCertainly the First Nations are spending money on lawyers, we taxpayers are spending money on lawyers, let\u2019s listen to what Albertans said on Monday and just drop it,\u201d Nenshi said.<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">The province, however, says it won&#8217;t be doing that. Justice Minister Mickey Amery said in a statement the government believes the &#8220;decision contained errors of law.&#8221;<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">&#8220;Citizens should not have to meet a duty to consult to gather signatures from fellow citizens on a citizen initiative petition,&#8221; Amery said. <\/p>\n<p>The legal picture so far <\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">Four First Nations \u2014 Athabasca Chipewyan First Nation, Siksika Nation, Blood Tribe and Piikani Nation \u2014 challenged the process involving Stay Free Alberta\u2019s citizen petition.<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">In May, Justice Shaina Leonard ruled that there had been a failure to consult with the First Nations, and she overturned Elections Alberta\u2019s approval of the petition. <\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">Because of that ruling, the government\u2019s question on the Oct. 19 referendum ballot asked if Albertans supported the province starting the legal process to hold a second, binding referendum on separation.\u00a0\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\"><a class=\"link-_o8iA html-anchor\" href=\"https:\/\/www.cbc.ca\/news\/canada\/edmonton\/alberta-government-appeal-referendum-petition-9.7232328\" target=\"_blank\" rel=\"nofollow noopener\">The government<\/a> launched an appeal of Leonard\u2019s decision. Mitch Sylvestre, who led the petition drive, <a class=\"link-_o8iA html-anchor\" href=\"https:\/\/www.cbc.ca\/news\/canada\/edmonton\/alberta-separatist-petition-court-decision-appeal-9.7202393\" target=\"_blank\" rel=\"nofollow noopener\">is also appealing it<\/a>.\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">Crowfoot said he does not expect Sylvestre to drop his appeal.<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">\u201cSo, we\u2019ll handle Mitch\u2019s, but Danielle should drop hers on the part of the government of Alberta,\u201d he said.\u00a0<\/p>\n<p><img decoding=\"async\" loading=\"lazy\" alt=\"A man in a black hoodie stands smiling behind a stack of boxes, with people and Alberta flags seen beside him.\"   src=\"https:\/\/www.newsbeep.com\/ca\/wp-content\/uploads\/2026\/10\/1792857177_35_default.jpg\" style=\"aspect-ratio:1.584370477568741\" data-cy=\"image-img\"\/><\/p>\n<p class=\"imageCaption-oOSXz\">Mitch Sylvestre hold boxes of signatures before submitting them for a separation referendum to Elections Alberta in Edmonton on May 4, 2026. (Jason Franson\/The Canadian Press)<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">For his part, Sylvestre says he would like to see the government continue its appeal.\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">\u201cI think, moving forward for democracy here in Alberta, it&#8217;s very important that they have to appeal that,\u201d Sylvestre said.<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">\u201cBecause, I mean, this is a very contentious question, but there&#8217;s gonna be other questions that somebody&#8217;s going to disagree with. And, you know, all of a sudden, I can see that it won&#8217;t be long they won&#8217;t be able to ask any questions.\u201d\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">According to <a class=\"link-_o8iA html-anchor\" href=\"https:\/\/www.cbc.ca\/news\/politics\/alberta-referendum-live-results-9.7385074\" target=\"_blank\" rel=\"nofollow noopener\">unofficial results<\/a>, Albertans voted 75 per cent in favour of the province remaining a part of Canada.<\/p>\n<p>What could happen next? <\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">Because there are two appeals, the process would continue regardless if the government dropped its appeal, said Kathleen Mahoney, professor emeritus at the University of Calgary&#8217;s faculty of law.\u00a0\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">Continuing its appeal could also give the government more clarity going forward, she said. <\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">\u201cThey may want to know exactly when in a government process that affects Indigenous rights a consultation has to take place,\u201d she said. <\/p>\n<p class=\"paragraph-b3GxD html-paragraph\"><a class=\"link-_o8iA html-anchor\" href=\"https:\/\/www.cbc.ca\/news\/canada\/calgary\/danielle-smith-has-said-no-to-a-second-referendum-but-that-decision-might-not-be-hers-to-make-9.7382664\" target=\"_blank\" rel=\"nofollow noopener\">Constitutional experts have told CBC News<\/a> that if an appeal is granted, the petition could indeed move forward.\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">\u201cIf the [appeal] court agrees with the court below, it&#8217;s over,\u201d Mahoney said. \u201cBut if the court decides that the consultation could have taken place later in the process, well, then we&#8217;re into a different scenario.\u201d\u00a0<\/p>\n<p class=\"paragraph-b3GxD html-paragraph\">In the latter case, it would trigger a requirement for the government to deal with the initial citizen petition, she said, but there is no timeline set for when that would need to happen.<\/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":944657,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[194293],"tags":[49,2798,48],"class_list":["post-944656","post","type-post","status-publish","format-standard","has-post-thumbnail","category-calgary","tag-ca","tag-calgary","tag-canada"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/944656","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=944656"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/944656\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/944657"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=944656"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=944656"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=944656"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}