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Judges bench at the Edmonton Law Courts building, in Edmonton on Friday, June 28, 2019. THE CANADIAN PRESS/Jason Franson
By The Canadian Press

Judge orders temporary pause on Alberta separation referendum petition process

Apr 10, 2026 | 5:01 PM

EDMONTON, ALBERTA, CANADA — An Alberta judge has put up a roadblock on a petition drive to force a vote on the province quitting Canada.

Justice Shaina Leonard, in a written decision issued Friday afternoon, says organizers can continue collecting signatures.

But she says Elections Alberta can’t verify those names or otherwise refer the matter to Premier Danielle Smith’s government until an overall decision is issued on the associated First Nations’ court challenge.

Lawyers for multiple First Nations are calling for Alberta’s citizen-initiated referendum process and a separatist group’s use of it to be halted, saying without due consultation it amounts to a treaty violation and is unconstitutional.

They were in court in Edmonton this week trying to get the petition drive stopped in the meantime.

Lawyers for the Alberta government argued against it by saying until the province acts on a referendum there is nothing it legally needs to consult on.

In her judgment, Leonard said there are serious issues at play and First Nations’ interests would be harmed if she didn’t issue a temporary pause before making a final decision in the next few weeks.

“The applicants have provided evidence of harm from lack of consultation and harm to treaty relationships,” Leonard wrote in the decision.

“To be clear, the court is not staying the collection of signatures; this decision has no impact whatsoever on the signature collection period or when that period expires (on May 2).

“Rather, the court is staying the next steps in the process.”

Sturgeon Lake Cree Nation Chief Sheldon Sunshine, whose nation is part of the challenge but who is separately applying for an injunction, welcomed the decision.

“This has been a team effort mounted by our nations, and supported by many nations,” Sunshine said in a statement Friday.

“We’re looking forward to the court’s final decision on this harmful process, set in motion by Alberta without any authority under our treaty.”

Stay Free Alberta, the group behind the petition campaign, says it has already collected more than the 178,000 signatures needed to force a provincewide vote on leaving Canada.

Smith has promised if such a petition is verified, the issue would go on the ballot this fall.

Jeff Rath, a lawyer for the group, said in an interview he was surprised Leonard issued a decision so quickly, noting it was issued less than 24 hours after three full days of hearings wrapped up.

He said he expects Friday’s decision will only serve as a boost for those in the movement.

“I suspect that it’s just going to motivate our volunteer base and our canvassers and Albertans even more to get out and sign the petition,” he said.

Justice Minister Mickey Amery’s office didn’t immediately respond to a request for comment.

Sunshine said he expected the province to respect the order, “and not move the goalposts on us while the court deliberates.”

The judge’s decision effectively stops Elections Alberta from taking steps to verify those names should Stay Free Alberta decide to submit them earlier, before the May 2 deadline.

This report by The Canadian Press was first published April 10, 2026.

Jack Farrell, The Canadian Press

by The Canadian Press