Piikani Nation is calling a recent Alberta Court of King’s Bench decision a “historic victory” for treaty rights. A May 13 ruling by Justice Shaina Leonard struck down the approval of a citizen-led petition that would have triggered a referendum on Alberta separating from Canada.

Chief Troy Knowlton says the decision affirms that Treaty 7 is a “living, constitutionally protected agreement” that cannot be overridden by a citizen-led initiative or provincial referendum.

Leonard’s decision quashed chief electoral officer Gordon McClure’s approval of the Referendum Relating to Alberta Independence petition, finding he made an error in law that rendered the approval unreasonable.

The court also found the province failed in its duty to consult First Nations, including the Athabasca Chipewyan First Nation, Blood Tribe, Piikani Nation and Siksika Nation, before allowing the process to advance.

In her ruling, Leonard says approval of the petition triggered a legally binding chain of events under Alberta’s Citizen Initiative Act, including a mandatory referendum if enough signatures were verified.

The court found Elections Alberta failed to properly consider earlier judicial findings that a secession proposal would violate treaty rights protected under the Constitution.

The legal backdrop

Leonard’s ruling builds on a Dec. 6, 2025 decision by Justice Colin Feasby, who found a referendum proposal seeking Alberta’s separation would violate treaty rights.

Days later, on Dec. 11, the provincial government amended the Citizen Initiative Act to remove a requirement that referendum proposals be compatible with Charter and treaty rights. A transitional provision applied the change to the existing petition, allowing it to move forward.

Leonard’s ruling casts doubt over the future of the petition.

Stay Free Alberta, the campaign led by Mitch Sylvestre, CEO of the Alberta Prosperity Project, says it had gathered more than 300,000 signatures — well above the roughly 178,000 required to trigger referendum consideration under Alberta’s citizen initiative rules.

The signatures have not been counted. Stay Free Alberta delivered the petition to Elections Alberta on May 4, but the agency was barred from verifying signatures by an interim court injunction issued in April. The boxes remain locked in a secure Elections Alberta facility.

Piikani Nation: Treaty not ‘historical footnote’

For Knowlton, who also serves as president of the Blackfoot Confederacy, Leonard’s ruling validates a position First Nations have maintained from the beginning.

“Treaty 7 is not a historical footnote — it is a living, constitutionally protected agreement that established a nation-to-nation relationship and guaranteed our rights to our lands, our way of life, and our self-determination,” Knowlton says.

“The court has confirmed that those rights cannot be ignored, overridden, or placed at risk by a citizen initiative or provincial referendum.”

He says the ruling makes clear that any attempt to sever Alberta from Canada without proper consultation and accommodation of First Nations rights is “unlawful and unconstitutional.”

He says Piikani Nation “remains committed to protecting our treaty rights through every lawful means available.”

Smith calls ruling ‘anti-democratic,’ vows appeal

The Alberta government says it will appeal the decision.

Premier Danielle Smith, responding to questions at an unrelated press conference on May 13, called the ruling “incorrect in law and anti-democratic,” saying it would deny “well over 300,000 Albertans” the opportunity to have their petition verified.

She says cabinet and caucus will meet to review next steps.

Smith also suggests the ruling raises broader questions about independence movements in Canada and said Alberta would likely seek to continue the legal argument at a higher court.

She maintains the citizen initiative process was designed to be permissive and says the government remains committed to hearing from Albertans.

May 16 appeal

Stay Free Alberta filed its own appeal on May 16. Sylvestre’s lawyer, Jeffrey Rath, says the group will request that the appeal be fast-tracked.

The court filing lists more than a dozen grounds for appeal, including arguments that Leonard erred in finding McClure’s approval unreasonable and in finding that the Crown had a duty to consult in this case.

Opposition tells Smith to accept court decision

Opposition NDP Leader Naheed Nenshi welcomes the decision. Calling out Smith directly, he says the ruling exposed her government’s failure to uphold its legal obligations and urges the premier to “accept the court’s decision.”

Nenshi praises the First Nations who led the legal fight, calling them fearless and saying they acted not just for their own communities but for all Albertans and all Canadians.

He says the referendum proposal is “dead” and calls on the premier to abandon any further effort to revive it, warning that pursuing it would be costly and divisive.

“Albertans are proud Canadians and want nothing more than to move on from this and focus on the things that really matter,” Nenshi says.

The petition at the centre of the case asked Albertans: “Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?”

It was approved in January, before being challenged in court by First Nations groups over constitutional and treaty concerns.