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Organization: Court of King’s Bench of Alberta

Treaty rights, ID hurdles top concerns for First Nations voters

For some Piikani and Kainai members, the Oct. 19 referendum raises a question that isn’t on the ballot: what a provincial vote can mean for treaties signed with Canada.

For others, the harder question is whether they can prove who they are at the polls.

Both concerns came up Aug. 29, when about 30 members of the two First Nations gathered at the Fort Macleod community centre for a referendum information session billed as a chance to “be informed, be heard.”

Organizer Nicole Crowshoe Johnston’s main goal was getting First Nations voters registered and encouraging attendees to request mail-in ballots. The last day to do so is Friday, Sept. 25.

Johnston and guest speaker Stephen Carter urged a No vote on the referendum’s nine policy questions.

“Our treaty is with Canada”

One attendee asked how Alberta could enact anything affecting First Nations, “given our treaty is with Canada.”

Carter agreed, saying there “was zero discussion about what First Nations rights would look like in an independent Alberta.”

He said the referendum itself could not count as consulting First Nations.

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The premier’s office disagrees that consultation is required.

“Seven hundred thousand Albertans signed petitions asking for a referendum on this issue. The referendum question does not trigger any duty to consult,” Sam Blackett, press secretary to the premier, said in a statement to Shootin’ the Breeze.

First Nations have already taken the argument to court. Johnston said they could not rely on a few chiefs to push back against the independence movement.

“We need to stand behind the chiefs,” she said, referring to court action by the Chiefs of the Blackfoot Confederacy over treaty rights and the Crown’s duty to consult.

On May 13, the Court of King’s Bench sided with Piikani, Siksika, the Blood Tribe and Athabasca Chipewyan First Nation, quashing the chief electoral officer’s decision on Mitch Sylvestre’s separation petition on treaty rights and duty-to-consult grounds.

The province and Sylvestre appealed. The Alberta Court of Appeal granted a partial stay allowing signature verification to continue. On July 24, Elections Alberta declared the petition successful, with 222,597 verified signatures, more than the 177,732 required.

Normally, a successful petition on a constitutional question goes to the justice minister, who must refer it to cabinet for a referendum before the next provincial election. Elections Alberta says those steps are on hold pending direction from the Court of Appeal.

Sylvestre’s petition asked: “Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?”

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That question is not on the Oct. 19 ballot.

Question 10, which is on the ballot, is not a vote to separate.

It asks whether Alberta should remain a province, or whether the provincial government should begin the constitutional process required to hold a later, binding referendum on separation.

Johnston said that even if the separation question were overturned, the Oct. 19 vote and its other questions will go ahead.

Proving who you are

Several attendees described difficulties with recent changes to Alberta’s ID and driver’s licence rules. One man said his federally issued Indian Status card was not recognized when he sought a provincial ID card.

Others cited new costs including a $100 fee to replace an expired licence, plus the expense of obtaining birth certificates and marriage licences, especially for those who had lived in other provinces or the United States.

Attendees also shared practical help. One pointed to the ID program at Chinook Regional Hospital in Lethbridge. According to Alberta Health Services, it runs Wednesdays and Thursdays from 8 a.m. to noon, helping homeless, at-risk and recently housed people, as well as others served by AHS programs, get Alberta ID and health cards.

Another said people living on reserves can get help proving their identity at home. Elections Alberta’s voter brochure confirms that voters on a reserve or settlement can have an attestation filled out by “a person in a position of authority,” such as a chief or chair, office administrator or elder, who can confirm their identity and where they live.

Johnston urged attendees to request mail-in ballots to avoid long lines, and volunteers with laptops helped people register on the spot.

“Who might be next”

Other worries went beyond the ballot box.

One senior who shares a Calgary rental with two grandchildren in post-secondary studies said the family pays $3,500 a month for rent and utilities.

“On my pension, it’s a real struggle to cover food and other basic expenses,” she said. “Even getting food from the food bank is tough as it is often old and mouldy.”

Another attendee raised Question 4, which asks: Assuming that all Canadian citizens and permanent residents continue to qualify for public health care and education as they do now, do you support the Government of Alberta charging a reasonable fee or premium to individuals with a non-permanent immigration status living in Alberta for their and their family’s use of the health care and education systems?

She said that if Albertans vote to charge immigrants for health care, Indigenous people could be next, citing relatives in the United States who became homeless after being unable to pay for care.

“When we start excluding people from services based on race, we have to be careful of who might be next,” Carter said.

Who ran the session

Johnston is a Calgary resident who describes herself as a community advocate with roots in Piikani Nation.

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She is inspired by Tania Cameron, an Anishinaabe woman from Ontario who launched First Nations Rock the Vote in 2015. Cameron announced on Facebook Sept. 2 that Treaty 8 had hired her to educate members and mobilize communities for the Alberta referendum.

Carter has managed campaigns across the political spectrum, including for former Wildrose leader Danielle Smith, former premier Alison Redford and Calgary mayors Naheed Nenshi and Jyoti Gondek. He recently launched Alberta’s Voice. The registered third-party advertiser has raised more money than any other referendum campaign to stay in Canada.

Carter’s slogan sums up his position: Stay in Canada. Vote No to the Nine.

Though the session was promoted as a chance to receive information, Carter urged a No vote on all nine yes-or-no questions rather than explaining each one.

“If any option takes three lines to express, vote against it,” he told the audience, a line he returned to several times.

“I don’t trust Danielle Smith to do it right,” Carter said. “The nine questions remove us from Canada. They are separation questions under the guise of other topics.”

Blackett said the questions grew from the government’s Alberta Next town halls, and that “Albertans’ frustrations have been fuelled by the last 10 years of disastrous policies from Ottawa under Justin Trudeau that hurt Alberta’s economy and broke the immigration system.”

“During the Alberta Next town halls, Albertans made it clear that the status quo cannot continue. Albertans have demanded real change, and these nine questions are how we deliver it,” he said.

“Our government has been clear: we support a strong and sovereign Alberta within a united Canada. This means Alberta remaining a province of Canada while advancing provincial autonomy and fighting to undo Ottawa policies that harm Albertans and intrude on our constitutional rights.”

How to vote

The referendum is Oct. 19. Voters can cast ballots in person on voting day, at an advance poll, or by mail-in special ballot.

Special ballots must be requested by Sept. 25 and received by Elections Alberta by Oct. 16.

All 10 questions, and information on requesting a special ballot, are on Elections Alberta’s website at elections.ab.ca.

Related stories

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Piikani Nation welcomes court’s pause of separation referendum process

Treaty chiefs protest separatism at legislature rally

Alberta Separation | Independence | Bill 54, Citizen Initiative Act, Duty To Consult, First Nations, Referendums, Treaty Rights, Voter Identification, Voter Registration

Wooden gavel resting on legal books beside brass scales of justice

Separation petition clears signature threshold, court fight continues

A citizen initiative petition proposing a referendum on Alberta becoming an independent country has been declared successful after Elections Alberta verified enough signatures to satisfy the requirements of the Citizen Initiative Act.

The agency announced Friday that statistical verification estimated 222,597 valid signatures from an initial submission of 286,593 signatures, surpassing the required minimum of 177,732.

Despite the successful verification, the process cannot move forward until the courts decide an appeal stemming from an earlier ruling that quashed the petition.

The petition, titled A Referendum Relating to Alberta Independence, asks whether Alberta “should cease to be a part of Canada to become an independent state.” It was organized by proponent Mitch Sylvestre.

Chief electoral officer Gordon McClure determined the petition met the requirements of Section 6 of the Citizen Initiative Act after Elections Alberta completed its verification and determination process. That review was carried out following a June 29 direction from the Alberta Court of Appeal.

How the numbers were reached

According to Elections Alberta, petition organizers initially submitted 286,593 signatures. After the validation process, 279,337 were found to be valid.

A statistical verification process using a 95 per cent confidence level estimated 222,597 signatures belonged to eligible electors, representing about 7.5 per cent of the province’s registered voters.

Under the Citizen Initiative Act in effect on May 1, constitutional initiative petitions require signatures from at least 10 per cent of the 1,777,315 ballots cast in the 2023 provincial election. That amounted to a threshold of 177,732 signatures.

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The agency said the most common reasons for rejecting signatures during the initial review were incomplete addresses and electors failing to complete a required declaration of eligibility.

Some canvassers signed witness declarations before electors had signed the petition. Others listed a mailing address instead of a physical residential address, as the law requires.

Elections Alberta also rejected 292 duplicate signatures. Signing a petition more than once breaches the act, the agency said.

During the verification phase, signatures were most often rejected when information provided by an elector did not match the signature sheet, or when an elector was unable or unwilling to verify their information.

For the statistical sample, Elections Alberta contacted 952 individuals by phone to complete 384 verifications, the minimum sample size required.

The agency said a caller ID system identified calls as coming from Elections Alberta. Electors who did not answer, or did not return a call, voice mail or email, were not counted as having failed verification.

Fraud allegation reviewed

Elections Alberta said it was aware of a social media post alleging that an individual’s signature had been used fraudulently. The agency reviewed the claim against its verification script, process and call records. It said the description in the post did not match its process and records did not support the allegation.

The account holder who made the post did not respond to requests for further information.

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Separately, Elections Alberta said it screened the petition for names seeded from the Republican Party of Alberta’s list of electors, a step ordered by the chief electoral officer on May 1 after a data breach in April.

Any seeded name found on a petition would trigger additional scrutiny. The agency confirmed none of the seeded names appeared among the submitted signatures.

A petition tied up in court

The petition’s path has not been straightforward. The application was approved and a notice of initiative petition was issued Jan. 2.

The signature-gathering period ran until May 2 and Sylvestre delivered the signed petition to McClure on May 4, along with an affidavit confirming all copies of the signature sheets had been destroyed, as the law requires.

Before verification could begin, the petition was challenged in court by a group of First Nations, who argued the process was unconstitutional. A judge agreed to pause certification of the petition on April 10, ruling that First Nations had not been properly consulted.

Both Sylvestre and the Alberta government appealed that decision.

A later ruling on May 13 from the Court of King’s Bench went further, quashing the chief electoral officer’s original decision to approve the petition. The signature sheets were sealed, locked in cabinets and kept under 24-hour security while the legal fight continued.

Sylvestre appealed the quashing and on June 29, a Court of Appeal justice granted a partial stay, ordering Elections Alberta to carry out the verification process and report the results publicly.

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The stay took effect July 6. It did not require McClure to forward the proposal to the responsible minister, a step normally required once a petition succeeds.

Verification was carried out between July 6 and 23. With that work now complete, Elections Alberta says any further steps in the process remain on hold, pending the outcome of that appeal.

What comes next

Because the underlying legal question is unresolved, Friday’s announcement does not guarantee a referendum will take place. Elections Alberta said next steps will depend on the Court of Appeal’s ruling and any further direction from the courts.

If the process eventually proceeds, the province would move toward a public vote on the question proposed by Sylvestre’s petition: whether Alberta should leave Canada and become an independent state.

Alberta Separation | Independence | Bill 54, Citizen Initiative Act, Citizen Initiative Petitions, First Nations, Referendums

Blank petition form with tip of fountain pen above signature line

Elections Alberta begins verifying independence petition

Elections Alberta began verifying signatures July 6 on a citizen initiative petition seeking a referendum on Alberta independence, with results due by July 27.

The petition, titled A Referendum Relating to Alberta Independence, proposes the question “Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?”

Verification began following a June 29 Court of Appeal decision.

Proponent Mitch Sylvestre submitted the signature sheets May 4, but the process was put on hold — first through a stay issued by the Court of King’s Bench, then a decision that quashed the petition.

Sylvestre appealed and the Court of Appeal issued a partial stay requiring Elections Alberta to proceed with verification and report the results, effective July 6.

To succeed, the petition needs valid signatures from at least 10 per cent of the total votes cast in the 2023 provincial general election or 177,732 signatures. Elections Alberta has 21 days to verify the petition to a 95 per cent confidence level, using a method set out in the Citizen Initiative Act.

Verification includes confirming that only official signature sheets were used, that signatures are original and signed only once, that each carries the required elector information, and that each was witnessed by a registered canvasser.

Elections Alberta will also check a statistically valid random sample of signatories’ addresses and contact a random sample of signatories to confirm their information.

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Those who listed a phone number will receive a text message ahead of a verification call; those who listed an email will receive a verification email. Elections Alberta says there is no need to call or text back, and electors who signed should be prepared to verify their information if contacted.

Chief Electoral Officer Gordon McClure notified both the proponent and the minister of justice of the verification dates, times and location. Both may request scrutineers (lawyers and active members of the Law Society) to observe.

It is the second citizen initiative petition Elections Alberta has verified this summer, following the Water Not Coal petition, which fell short of the signature threshold July 3.

Elections Alberta will post the verification results on its website as soon as practical, and no later than July 27. If the petition is successful, Elections Alberta will submit the proposal to the minister of justice, who is required under the Citizen Initiative Act to refer it toward a constitutional referendum.

More information on the citizen initiative process is available at elections.ab.ca.

Alberta Separation | Independence | Bill 54, Citizen Initiative Act, Citizen Initiative Petitions, Provincial Elections, Referendums, Water Not Coal Petition

Wooden gavel resting on legal books beside brass scales of justice

‘Historic victory’ for Piikani as court quashes separatist petition

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.

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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.”

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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.

Alberta Separation | Independence | Bill 54, Citizen Initiative Act, Citizen-Led Petitions, Constitutional Law, Duty To Consult, First Nations, Treaty 7, Treaty Rights

A red padlock icon appears over a blue digital security background with the words “Security Breach,” illustrating the Alberta voter list data breach.

Personal data of 2.9 million Albertans exposed in voter list breach

The personal information of 2.9 million Albertans — including names, addresses and in some cases phone numbers — was published publicly on a website by the Centurion Project Ltd., a third-party organization that obtained Alberta’s list of electors without authorization.

Elections Alberta confirmed the breach on April 30 and obtained an emergency court injunction the same day barring the Centurion Project from accessing or using the data.

Alberta RCMP have since launched an investigation and are working with other law enforcement partners to determine whether any offences were committed in the dissemination or handling of the voter list. RCMP have confirmed the investigation was triggered in part by correspondence from an individual associated with the Alberta NDP who raised concerns about potential misuse of the list.

“More than 2.9 million Albertans have had their personal information breached,” said Information and Privacy Commissioner Diane McLeod. “For some of these individuals there is likely a real risk of significant harm given that their home address and phone numbers have been made public. This could be especially harmful for certain individuals. Some examples might be those who work for law enforcement, who are public officials, who are fleeing intimate partner violence and other vulnerable individuals.”

About the Centurion Project

The Centurion Project website currently shows no information.

According to CBC News, the Centurion Project describes itself as “a company that was established to help train volunteers on how to be better citizens and to impact the political process,” adding that its app “is strictly used by volunteers to find people they personally know in a database.”

The group says volunteers “are not given access to any phone numbers or emails and are encouraged only to contact and claim people they already know.”

The Centurion Project said it relied on a third party to provide the dataset used in its tool. It has since shut down the app and says it intends to fully comply with Elections Alberta’s investigation.

How it happened

The list of electors was originally provided to the Republican Party of Alberta as a registered political party legally entitled to receive it. Elections Alberta says the data was then accessed by the Centurion Project — a third party with no legal right to the list — and published on its website.

Elections Alberta obtained credible information about the breach on April 27 and Chief Electoral Officer Gordon McClure issued a cease-and-desist order to the Centurion Project on April 28. When that directive went unheeded, Elections Alberta representatives attended a Centurion Project meeting in Edmonton on April 29, supported by Edmonton Police Service officers, to personally serve the order.

On the morning of April 30, Elections Alberta and legal counsel obtained an emergency injunction from the Court of King’s Bench. The order requires the Centurion Project Ltd. and the Republican Party of Alberta to identify everyone who received or accessed the list and provide that information to the chief electoral officer within four days.

Political response

The United Conservative Caucus acknowledged that caucus staff attended a Centurion Project meeting on April 16, more than 10 days before Elections Alberta says it obtained credible information about the breach.

“Caucus staff regularly attend events of political interest, including the meeting in question,” said Shanna Schulhauser, director of communications for the United Conservative Caucus.

“The organizers of this meeting were adamant that the data being used was obtained legally. At the same time, the staff observing the meeting had no reason to believe the website in question was unlawful.”

The caucus statement also directed criticism at the Alberta NDP, alleging that members of the Opposition, including the leader of the Opposition, may have suspected the list was illegal but did not bring that information forward to the government for several weeks.

“Perhaps instead of pointing fingers and playing politics the NDP should let these independent bodies [do] their job and investigate,” Schulhauser said.

Why Elections Alberta didn’t act sooner

McClure addressed public frustration about the timeline directly, pointing to legislation passed last year that significantly raised the bar for launching investigations.

Under Bill 54, passed by the legislature in 2025, Elections Alberta must now have “reasonable grounds to believe an offence has occurred” before it can begin investigating — a standard the chief electoral officer had warned against.

In a letter to all MLAs in May 2025, McClure cautioned that the higher threshold would mean “the onus will fall on a complainant to provide a substantively completed investigation in order for the election commissioner to look into a matter,” and that the changes would “eliminate the majority of the compliance activities undertaken by the election commissioner.”

“Elections Alberta can confirm that requiring ‘reasonable grounds’ in legislation has indeed impacted Albertans in this and other matters, as predicted in that letter,” McClure said.

A gap in Alberta’s privacy law

Commissioner McLeod flagged a significant legal gap exposed by the breach: Alberta’s Personal Information Protection Act does not apply to political parties, meaning the Office of the Information and Privacy Commissioner may have limited jurisdiction over how the Republican Party of Alberta handled the list.

“This is evidence of a concerning gap in Alberta’s privacy laws as it relates to the collection, use and disclosure of personal information by political parties,” McLeod said, noting her office has been calling for political parties to be made subject to PIPA for decades.

British Columbia’s substantially similar privacy legislation does apply to that province’s political parties. McLeod is again calling on the Alberta government to close the gap in the next round of amendments.

Impact on citizen initiative petitions

The breach has direct implications for ongoing citizen initiative petitions in Alberta.

As a security measure, each copy of the voter list provided by Elections Alberta is seeded with fake names before distribution. This allowed Elections Alberta to trace which copy of the list was leaked and to confirm the compromised copy came from the Republican Party of Alberta.

The agency has amended its verification process for all incoming petitions to check whether any seeded names from the compromised Republican Party of Alberta list appear on petition signature sheets.

Petitions affected include the Alberta independence referendum petition, the No New Coal Mining in the Eastern Slopes of the Rocky Mountains petition and two current recall petitions. The updated process will also apply to all future petitions.

Legislation governing citizen initiative petitions is separate from the voter list breach itself. Under current rules, Elections Alberta cannot confirm whether a specific individual’s name appears on a petition signature sheet or remove a name at that person’s request, even if the signature might have been added using compromised data.

What to watch for

Elections Alberta says Albertans should watch for warning signs of identity theft or misuse of personal data. These include unexpected mail or statements, missing bills or financial statements, unfamiliar accounts on credit reports, debt collection calls for unknown accounts and unsolicited emails or texts claiming to help recover personal information.

Legitimate organizations will never ask for sensitive personal information via email or text. Do not click links in unsolicited messages — go directly to the official website of the organization in question.

Setting up monitoring through your web browser, antivirus software and financial institution can help detect unusual activity early.

Anyone who believes their information has been misused or that they are a victim of identity theft should report it to local police immediately. Additional guidance is available through the Federal Privacy Commissioner and the Office of the Information and Privacy Commissioner of Alberta.

Citizen Initiative Petitions, Data Security, Election Law, Identity Theft, Personal Information, Political Parties, Privacy Breach, Privacy Law, Voter List Breach

Wooden gavel resting on legal books beside brass scales of justice

Piikani Nation welcomes court’s pause of separation referendum process

Piikani Nation says a Court of King’s Bench ruling recognizes the risk of “irreparable harm” to treaty rights if a petition seeking a referendum on Alberta’s separation from Canada moves forward without legal review.

“This decision confirms that there are real legal issues at stake that must be addressed before this process goes any further,” Chief Troy Knowlton says in an April 13 statement.

“You cannot advance a process of this magnitude while sidestepping the Constitution and the treaties that are foundational to this country.”

Knowlton says treaty rights are constitutionally protected and cannot be overridden through a referendum process.

“This is fundamentally about the rule of law,” he says.

“This is not about politics. It is about ensuring that the legal and constitutional framework of this country is respected. That is in the interest of all Albertans.”

In her April 10 ruling, Justice Shaina Leonard granted a stay she said protects treaty rights and upholds the rule of law. This prevents Alberta’s chief electoral officer from certifying petition results until legal challenges are resolved.

She ruled that failing to grant the stay would inconvenience First Nations more than granting it would inconvenience the respondents.

The case stems from a citizen-led petition seeking a referendum on Alberta separation, launched under the Citizen Initiative Act.

Last December, Justice Colin Feasby ruled the legislation did not allow citizens to initiate a referendum on provincial independence. Days later, the provincial government amended the act, lowering the number of required signatures and extending the collection timeline.

Following those changes, a second petition question was submitted by Mitch Sylvestre, CEO of the Alberta Prosperity Project. It was approved by the chief electoral officer, allowing signature collection to proceed. The current deadline to gather 177,732 signatures from eligible electors is May 2. According to the APP, that number has already been surpassed.

Piikani Nation, Siksika Nation and the Blood Tribe collectively, and Athabasca Chipewyan First Nation launched legal challenges, arguing the referendum process raises serious constitutional concerns and fails to uphold the Crown’s duty to consult.

The First Nations asked the court to pause the process until the legal issues are fully heard.

“The court’s decision recognizes what Piikani Nation and other Blackfoot Nations have argued from the outset, that this process raises serious constitutional questions and carries the risk of irreparable harm to treaty rights and the relationship between First Nations and the Crown,” says Chief Knowlton.

The stay does not halt ongoing signature collection or change the deadline. However, it blocks the chief electoral officer from certifying results or taking further steps once signatures are submitted.

Under the Citizen Initiative Act, a successful petition would be forwarded to the government and could lead to a provincewide referendum.

The court heard arguments April 8 and 9 and is expected to issue a decision on the merits of the case in about a month, meaning the stay will be in place for a relatively short period.

Knowlton says Piikani Nation will continue working with other members of the Blackfoot Confederacy and First Nations to ensure constitutional protections are upheld and treaty relationships are respected.

Alberta Separation | Independence | Bill 54, Citizen Initiative Act, Constitutional Law, Duty To Consult, First Nations Métis and Inuit | FNMI, Treaty Rights