If Alberta’s independence vote had become a big rig hurtling relentlessly toward its destination, Justice Shaina Leonard’s ruling this week proverbially bombed the key bridge on the route to Oct. 19.
It’s not clear what the path is now, with many more potential hazards ahead.
Leonard quashed the separation petition and its 301,000 (unverified) Albertans’ signatures. She sided with the Athabasca Chipewyan First Nation and the Blackfoot Confederacy by ruling that the government failed in its duty to consult First Nations before setting Alberta on a process that could substantially impact Indigenous treaties with Canada.
The Court of King’s Bench judge’s ruling was still fresh in email inboxes Wednesday when Smith and key separatist lawyer Jeffrey Rath separately promised they’d appeal the ruling, each claiming it had errors in law.
But the wheels of justice have been known to move slowly.
There would be no obligation for a court to hear those appeals on an expedited basis to accommodate Smith’s hoped-for Oct. 19 referendum timing. (The referendum petition’s own timeline made those wheels churn faster on the First Nations’ initial challenge.)
Rath told CBC News he’ll ask for a legal stay to allow Elections Alberta to verify those 301,000 signatures in the meantime, but that would not remedy the overall timing of an appeal of Leonard’s decision.
Then there’s the long-touted Plan B for the separatist group Stay Free Alberta — persuade Smith to circumvent the stalled petition process and have the government call a separatist referendum itself, as it’s done for the nine other questions scheduled for October.
But the lawyer who won the decision for the Athabasca Chipewyan suggests that any Alberta First Nation could quickly challenge a government-ordered referendum with the same “duty to consult” argument.