The Alberta government appealed the court ruling that quashed the Stay Free Alberta separation petition.
Claimed by: Court of Appeal filing, June 11, 2026
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Summary
On June 11, 2026, the Alberta government filed a notice of appeal in the Court of Appeal of Alberta seeking to overturn Justice Shaina Leonard's May 2026 ruling that set aside approval of the Stay Free Alberta independence petition. The filing says the province will argue the judge made 14 legal errors, including that issuing the petition did not trigger a duty to consult First Nations and that the judge failed to give weight to the democratic purpose of the citizen-initiative process. Premier Danielle Smith had promised to appeal, calling the ruling anti-democratic. The petition's organizers are also appealing. The government did not seek an expedited hearing, so the appeal is expected to take months while the October referendum proceeds on a separate government-set question.
Evidence
On June 11, 2026, Alberta filed a notice of appeal asking the Court of Appeal to set aside the May ruling and declare that issuing an initiative petition does not trigger the duty to consult.
The appeal document says the province will argue the judge made 14 errors, including misinterpreting Bill 14 amendments and improperly assuming Alberta could not meet its constitutional obligations.
Smith had promised to appeal after the May ruling, saying it interfered with the democratic rights of hundreds of thousands of petition signatories.
Related claims
- 700,000 Albertans signed petitions demanding a referendum on separation.Needs context
- Alberta can call an independence referendum without consulting First Nations.False
- If 10% of Albertans sign a citizen initiative petition, the government must hold a binding referendum on that question.False
- Alberta's October 2026 referendum Question 10 does not trigger a duty to consult First Nations.Contested
- An Alberta Court of Appeal judge overturned the ruling that quashed the Stay Free Alberta separation petition.False
- An Alberta Court of Appeal judge granted a partial stay allowing Elections Alberta to verify Stay Free Alberta petition signatures while the appeal proceeds.True
- Elections Alberta began verifying signatures on the Stay Free Alberta independence petition in July 2026.True