In Canada: Alberta Court Rules Proposed Separatist Referendum “Unconstitutional”

 


Edmonton — December 5, 2025 | Dalena Reporters

A judge of the Court of King’s Bench of Alberta has declared that a proposed referendum question on the province of Alberta declaring independence from Canada is unconstitutional dealing a major blow to the secession push by the Alberta Prosperity Project. 

The question submitted for review asked: “Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?” The Court’s ruling finds that the question conflicts with the Canadian constitutional framework, including protections for Indigenous treaty rights which would be significantly impaired if Alberta's provincial borders were converted into international boundaries. 

In his written judgment, Justice Colin Feasby criticised the provincial government’s attempt to pre-empt the court’s review by tabling legislation to allow citizen-driven referendum drives regardless of constitutionality. He said such a move undermines the rule of law, democracy, and public confidence in electoral processes. 

However and importantly the ruling does not close the door on future attempts. Justice Feasby clarified that his decision applies only to the current question under the province’s Citizen Initiative Act; a properly re-drafted question, or a constitutional amendment process, could still potentially allow for a legally valid referendum in the future. 

For now, the Alberta Prosperity Project has reacted cautiously: though its representatives have described the ruling as a setback, they remain hopeful about pushing for a referendum under revised legislation currently proposed by the provincial government.

Post a Comment

Previous Post Next Post