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Judge to proceed with review of Alberta separation question

Court of KingÏã½¶ÊÓÆµÖ±²¥™s Bench Justice Colin Feasby denied the Alberta Prosperity Project's application to quash the review
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An Alberta judge has denied the Alberta Prosperity Project's application to quash a review into the constitutionality of a proposed referendum question on separation. (Advocate file photo)

An Alberta judge will go ahead with a review to determine if a proposed Alberta referendum question on separation is constitutional.

On Thursday, Aug. 14, Court of KingÏã½¶ÊÓÆµÖ±²¥™s Bench Justice Colin Feasby denied the Alberta Prosperity Project's application to quash the review. A process for the next steps has now been set for written submission, with the court set to reconvene Nov. 19. 

The question that the Alberta Prosperity Project wants to bring forward is: "Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?" The Chief Electoral Officer referred to the court to determine whether the question is constitutional.

Ïã½¶ÊÓÆµÖ±²¥œThis is not a loss," Alberta Prosperity Project CEO Mitch Sylvestre said of the denied application to quash the review.

"TodayÏã½¶ÊÓÆµÖ±²¥™s decision now brings this issue led by the Alberta Prosperity Project, and many more pertinent topics, to international conversation Ïã½¶ÊÓÆµÖ±²¥” and thatÏã½¶ÊÓÆµÖ±²¥™s a great step forward for democracy as well as citizen engagement in politics."

Jeffrey Rath, Alberta Prosperity Project Legal Counsel, said this decision was "as expected."

Ïã½¶ÊÓÆµÖ±²¥œThe court rarely decides matters on a striking application. We look forward to hearing how asking a question about amending the Constitution can be unconstitutional," said Rath.

Meanwhile, the Confederacy of Treaty No. 6 First Nations announced on Friday, Aug. 15 that it will file an official application to intervene in the courts against a proposed referendum question regarding Alberta separating from Canada.

"In solidarity with other Alberta First Nations, the Confederacy of Treaty No. 6 holds the question of Alberta separation to be unconstitutional, illegal and a threat to Treaty. Separation of Alberta from Canada would be a breach of the CrownÏã½¶ÊÓÆµÖ±²¥™s Treaty with First Nations as set out in Treaty No. 6," stated a media release.

"We will continue our unchanging opposition to separatist rhetoric and the idea that Alberta could consider separating from Canada. The push for separation is a direct violation of Treaty Ïã½¶ÊÓÆµÖ±²¥” which are sacred and legally binding commitments."

It is also unconstitutional, posing a clear threat to Section 35 of the Constitution Act which protects First Nations Rights, states the Confederacy of Treaty No. 6 First Nations.

"We will not be idle. Just as First Nations fought for the inclusion of Section 35 in the Constitution, we will continue to fight and oppose the reckless political posturing of this Alberta government and the so-called 'Alberta Prosperity Project,' who are in fact engaged in playing political games that endanger the future of all Albertans," the media release stated.

"To those who stood with us and showed their solidarity with Treaty No. 6, No. 7 and No. 8 in May at the Alberta legislature, stand with us now. We must continue to send the message that Treaty is not history Ïã½¶ÊÓÆµÖ±²¥” it is a living agreement that binds us all."



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