Alberta independence petition approval faces legal challenge from First Nations
Piikani Nation has launched a court challenge to Alberta’s chief electoral officer over the approval of a citizen initiative petition seeking a referendum on Alberta independence.
On Jan. 21, Piikani Nation, along with Siksika Nation and the Blood Tribe, filed the application in the Court of King’s Bench of Alberta for judicial review, following the controversial approval of the petition last month. The application argues that the petition question violates treaty rights and the Constitution.
The petition, led by Mitch Sylvestre, CEO of the Alberta Prosperity Project, asks: “Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?”
Gordon McClure, the chief electoral officer, issued the petition Jan. 2 after determining that Sylvestre had met the legislative requirements, including appointing a chief financial officer, as required under the Citizen Initiative Act.
With the approval, official petition signature sheets were released and the signature collection period began, running through May 2, 2026.
The first reported signature was collected Jan. 6 at an event in Water Valley, and similar events have since been held across the province, including at Pincher Creek Community Hall on Jan. 28.
The move has reignited controversy following a Dec. 5, 2025, ruling by Court of King’s Bench Justice Colin Feasby. That decision struck down an earlier petition proposal by Sylvestre, finding it unconstitutional and beyond the powers granted under the Citizen Initiative Act.
Feasby ruled that a citizen-initiated independence referendum would contravene the Constitution, as secession would require a complete overhaul of the legal framework, including Section 35 of the Constitution Act, 1982 and the protections of the numbered treaties.
The ruling also stressed that First Nations “cannot be ignored or bypassed” in discussions about Alberta’s future, highlighting the Blackfoot Nations’ unique role and treaty rights in shaping provincial governance.
While the December ruling was welcomed by Piikani Nation, which described it as a “victory for treaty rights,” the Alberta government subsequently introduced Bill 14, the Justice Statutes Amendment Act, 2025.
The legislation amended the Citizen Initiative Act, allowing a second petition question to be submitted — a step Piikani Nation and other Blackfoot Nations say undermines constitutional protections and disregards the original court ruling.
The Blackfoot Nations say the CEO’s approval of the second, nearly identical petition proposal was wrong and unconstitutional. They argue that, following Feasby’s decision, the CEO could not lawfully approve a second proposal on the same subject, as it contravenes Section 35 and the treaty rights of the Blackfoot Nations.
“Even under the amended law, the chief electoral officer is required to act consistently with the Constitution, Charter values and unwritten constitutional principles and could not authorize an unconstitutional question for a referendum,” their statement reads.
The nations also contend that the amendments to the law themselves are unconstitutional. The changes, they say, allow unconstitutional questions to be put to a vote and remove judicial oversight.
They call it an attempt to insulate decisions from court review, undermining sections 92 and 96 of the Constitution Act, 1867, Section 35 of the Constitution Act, 1982 and unwritten constitutional principles, including the rule of law, democratic governance and the protection of minority rights.
The nations further argue that the Crown’s duty to consult was triggered because the chief electoral officer, acting as a Crown decision-maker, knew that approving a secession referendum could have serious adverse impacts on treaty and Aboriginal rights. However, no consultation occurred before the petition was issued.
The judicial review application filed by the three Blackfoot Nations seeks to quash the chief electoral officer’s Dec. 22 approval of Sylvestre’s petition and all steps flowing from it.
The nations also ask the court to declare the amended Citizen Initiative Act unconstitutional, nullify the petition issued on Jan. 2 and reaffirm that the Crown had a duty to consult with Indigenous communities before the CEO approved the second petition.
An interim injunction is also being requested to prevent further steps in the petition process until the case is resolved.
For his part, Sylvestre has described the petition as a “huge day” for supporters of Alberta independence. He has said the initiative represents a major legal milestone and urged Albertans to participate in the signature-gathering process.
Under provincial legislation, the petition must gather at least 177,732 valid signatures, which is equivalent to 10 per cent of the total votes cast in the 2023 provincial general election, for the initiative to proceed. Only original, physical signatures collected on official sheets issued by Elections Alberta are considered valid.
As the judicial review moves through the courts, Piikani Nation and the other Blackfoot Nations say they remain focused on protecting treaty rights and constitutional principles.
Strong local journalism matters to Canadian communities
This article was reported and written by Shootin’ the Breeze’s Local Journalism Initiative reporter.
The Local Journalism Initiative is a federally funded program that supports original public-interest journalism in smaller or underserved communities across Canada. Content produced through the initiative is editorially independent and may be shared by other Canadian media outlets.
Stories like this are reported to keep readers informed and connected — and to reflect real Canadian life.
