Judge will proceed with evaluation of Alberta's independence referendum query

The ongoing constitutional judicial review of a proposed Alberta referendum question on separation is making headlines. The question under scrutiny is: "Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?"

On August 14, 2025, Justice Colin Feasby of the Court of King’s Bench in Edmonton rejected an application by the Alberta Prosperity Project—the group proposing the referendum—to quash (cancel) the judicial review. The judge emphasized the seriousness of the issue, describing an Alberta independence referendum with potential to break up Canada as "serious business" and stating that democracy requires a full hearing of arguments on both sides.

Key arguments for and against the approval of the question:

Arguments For (as presented by the Alberta Prosperity Project): - The group argues that the question is a legitimate democratic tool to engage citizens in essential political discourse about Alberta’s future. - They contend that judicial scrutiny is premature because there is no certainty enough signatures will be gathered to put the question on a ballot, nor that a referendum would pass if held. - The group argues that merely asking the question does not violate the Constitution; constitutional issues would only arise if a separation referendum passed and negotiations began.

Arguments Against/Concerns Leading to Review: - Indigenous groups such as the Confederacy of Treaty No. 6 First Nations have intervened in the court to oppose the referendum question, likely citing constitutional and treaty rights concerns. - The Chief Electoral Officer referred the question to the court to evaluate constitutional issues, including potential breaches of treaty rights and the overall constitutional framework of Canada. - Justice Feasby indicated there are valid arguments on both sides, without dismissing concerns about the constitutionality of the question.

Justice Feasby explicitly said it is "not plain and obvious that the constitutional referendum question is constitutional," thus necessitating a full legal hearing to properly address the matter before the question can proceed to voters.

The court is set for the next steps, including written submissions and a reconvened hearing on November 19, 2025, to continue this constitutional assessment.

Meanwhile, the Alberta Prosperity Project and Mitch Sylvestre need to collect 177,000 signatures in four months to get their proposed question on a ballot. A competing referendum question, asking if Alberta should declare an official policy that it will never separate from Canada, was approved by McClure in June. Thomas Lukaszuk, who put forward the competing question, needs to collect nearly 300,000 signatures in 90 days to get his question on a ballot.

The debate surrounding the proposed referendum question has sparked controversy, with the Alberta New Democrats accusing the UCP of ignoring the rights of indigenous peoples and inappropriately trying to pressure the Chief Electoral Officer to change his decision to refer the pro-referendum question to the courts for a constitutional review. The court's ruling has also been criticised by the Alberta New Democrats as an expensive distraction from important issues such as the economy, the cost of living, health care, and education.

The Alberta government, however, believes the proposal is not unconstitutional and should be approved. As stated by Justice Minister Mickey Amery and Premier Danielle Smith, it is settled law that any province is entitled to consult its population by referendum on any issue. Global News has reached out to Premier Danielle Smith’s office, but so far there has been no response to the court’s decision.

This ongoing review is a significant development in the debate over Alberta’s political future and its relationship with Canada. The outcome of the review will undoubtedly shape the political landscape in Alberta and have far-reaching implications for the future of Canada as a nation.