The Chief Electoral Officer is an independent, non-partisan Officer of the Legislature.
The
Citizen Initiative Act permits important questions that have constitutional implications to be put to a referendum. The constitutional referendum question proposed is:
Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?
This is a serious and significant question, with the potential to have profound impact on all Albertans.
The Chief Electoral Officer has responsibility under the
Citizen Initiative Act to determine if the requirements of s.2 of that Act have been met. One of those requirements set out in section 2(4) of the Act is that “An initiative petition proposal must not contravene sections 1 to 35.1 of the
Constitution Act, 1982”.
Given the potential implications of the constitutional referendum proposal and given the Legislature has expressly authorized the Chief Electoral Officer to state a question seeking the opinion of the Court, the Chief Electoral Officer has referred a question to the Court for its opinion.
The Chief Electoral Officer has requested the Court provide an opinion on the following question:
Does the following proposal contravene section 2(4) of the Citizen Initiative Act, in that it contravenes any or all of sections 1 through 35.1 of the Constitution Act, 1982:
“Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?”
Without limiting the scope of the question posed, does the proposal contravene any of the following sections?
- Section 1 – The guarantee of the rights contained in the Charter
- Section 3 – Democratic rights of citizens
- Section 6 – Mobility rights
- Section 7 – Right to life, liberty and security of the person
- Section 15 – Equality before and under law and equal protection and benefit of law
- Section 24 – Enforcement of guaranteed rights and freedoms
- Section 35 – Recognition of existing aboriginal and treaty rights
In seeking the opinion of the Court, the Chief Electoral Officer is fulfilling his duty under the
Citizen Initiative Act in an independent, neutral and non-partisan manner.
Elections Alberta is an independent, non-partisan office of the Legislative Assembly of Alberta responsible for administering provincial elections, by-elections, and referendums.