Alberta separation debate review challenge sought by the group
In the heart of Edmonton, the Court of King's Bench is currently hearing a legal challenge regarding a proposed Alberta separation referendum question. The question, if approved, would ask Albertans if the province should become a sovereign country and cease to be a province in Canada.
The competing question, which asks if Alberta should declare an official policy that it will never separate from Canada, also finds itself embroiled in the legal proceedings. Both questions require a significant number of signatures to appear on the ballot; 300,000 signatures in 90 days for the separation question, and 177,000 signatures in four months for the competing question.
The Alberta Prosperity Project, the group proposing the separation question, has applied to have the court strike down the referral, arguing that judicial review is premature. Their lawyer contends that merely asking the question cannot violate the Constitution, and that constitutional validity should only be considered if the referendum passes and separation negotiations begin.
On the other side, multiple groups, including the Athabasca Chipewyan First Nation, are planning to make submissions in opposition to the proposed Alberta separation referendum question. Former Progressive Conservative deputy premier Thomas Lukaszuk is also looking to make submissions against the competing question.
The chief electoral officer, Gordon McClure, referred the proposed question to the court last week, asking a judge to determine if it violates the Canadian Constitution, including treaty rights. This referral is based on the requirement under Alberta law that referendum questions must not contravene constitutional provisions such as the Charter of Rights and Freedoms.
The Minister of Justice, Mickey Amery, has expressed his position that the proposal is not unconstitutional and should be approved. Despite this, a court proceeding is underway, with a judge considering an application from the Alberta Prosperity Project to strike the referral.
The judge hearing the case, Colin Feasby, is yet to make a decision on the application. As of early August 2025, no final decision has been made; the judge has signaled that a ruling on the application to quash the review will not be issued immediately.
Legal commentary notes that while Alberta’s Chief Electoral Officer seeks court guidance to ensure compliance with constitutional limitations, the Supreme Court of Canada’s 1998 Reference re Secession of Quebec established constitutional principles regarding provincial secession that apply broadly—not just to Quebec. Thus, some argue that Alberta could proceed without needing court approval before holding such a referendum, as long as principles of clarity and negotiation are respected following a clear expression of public will.
Outside court, Athabasca Chipewyan First Nation Chief Allan Adam signed Lukaszuk's petition for the competing question. Thomas Lukaszuk's efforts to gather signatures for the competing question started last week.
The court hearing is considering an application from the Alberta Prosperity Project to strike the referral, with a government lawyer having sent a letter to the judge stating that Justice Minister Mickey Amery intends to make submissions in support of the proposed question. The judge likely won't make a decision on the application today.
The legal challenge is in an early judicial review phase, with the focus on whether the court should review the question now or only consider constitutional issues post-referendum if it passes. The outcome of this challenge could have significant implications for Alberta's political landscape.
[1] Alberta referendum on separation heads to court [2] Alberta Prosperity Project's referendum question on secession challenged in court [3] Alberta's proposed separation referendum heads to court [4] Alberta's proposed separation referendum heads to court [5] Alberta's proposed separation referendum heads to court
[1] The ongoing legal challenge within the Court of King's Bench in Edmonton is concerning the proposed Alberta separation referendum, which questions Albertans' sentiments about the province becoming a sovereign country.
[2] Amidst this, a separate question, proposed by multiple groups, is also being debated in the legal proceedings, asking Alberta to officially declare it will never separate from Canada.
