Alberta court strikes down independence petition over First Nations complaints

Separatist leader Mitch Sylvestre is seen during a rally in front of the Elections Alberta headquarters in Edmonton, Canada, on May 4, 2026, as they submit boxes of signatures in the hope of triggering an independence referendum. Photo by HENRY MARKEN /AFP via Getty Images

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An Alberta Court of King’s Bench judge has blocked Elections Alberta’s approval of a petition that would force a referendum on the province separating from Canada.

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In two decisions posted on Wednesday, Justice Sheila Leonard ruled that Alberta’s chief electoral officer Gordon McClure wrongfully approved the petition given an earlier ruling that found the separation question would violate First Nations’ treaty rights. She also found that the Crown had failed in its duty to consult with applicants Piikani Nation, Siksika Nation, Blood Tribe and Athabasca Chipewyan First Nation.

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Despite the decision, Alberta Premier Danielle Smith could still add a separation question to a planned October referendum, which will let voters decide whether or not to secede from the federation.

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A banner in Edmonton supporting Alberta separatism. Photo by David Bloom /Postmedia

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The petition, led by an organization called Stay Free Alberta, claimed to have collected just over 300,000 signatures in favour of separation. If Elections Alberta was to verify the signatures of that petition — which asks “Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?” — Smith had said she would add the question to the referendum.

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Several First Nations had raised opposition to the petition in court, arguing that it threatened to undermine their treaty rights, which in many cases predate Alberta’s formation in 1905. Justice Leonard had earlier agreed to delay Elections Alberta’s verification process, until Wednesday’s decision overruled it.

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More to come…

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