By David Boles, Local Journalism Initiative Reporter, St. Albert Gazette
May 20, 2026
Indigenous leaders say a judge’s decision to quash Alberta’s separatist petition is a warning to Premier Danielle Smith’s government that any proposed referendum on Alberta independence cannot proceed without First Nations consultation.
“This ruling puts the premier on notice and the other separatist MLAs who are pushing for this referendum,” said Treaty 8 Grand Chief Trevor Mercredi.
Mercredi made the comments following a move by Justice Shaina Leonard to dismiss the separatist petition on Wednesday, May 13, saying the province had a duty to consult with First Nations peoples.
First Nations argued Alberta separation could affect treaty rights and the Crown’s constitutional obligations to Indigenous peoples, triggering a duty to consult.
Leonard said in her decision the petition should never have been issued in the first place. It’s a position Mercredi agrees with.
“This petition should not have been allowed to move forward without addressing the Crown’s obligation to consult with the First Nations,” said Mercredi.
The petition in question was submitted by the pro-Alberta independence group Stay Free Alberta to the Elections Alberta office in Edmonton on May 4.
The group said more than 300,000 Albertans had signed the petition — a figure more than the 178,000 required.
For Mercredi, the talk around separation has gone far enough.
“They have to understand that there’s no legal way for Alberta to separate with the lands that you’re talking about,” said Mercredi. “It’s just not possible.”
Premier, pro-separation crowd respond with challenge
Leonard’s ruling didn’t catch the separatist crowd off-guard.
Legal counsel for Stay Free Alberta, Jeffrey Rath, told Great West Media that given the way things went in court, the ruling wasn’t all that surprising.
As far as Rath is concerned, Smith is still expected to put a referendum before voters.
“I think this will be the most crucial decision of her premiership. I think without making any threats or any bluster, I think she’s simply going to be deciding whether or not she wants to remain as premier of Alberta,” said Rath.
Moments after the decision came down on Wednesday, Smith said the provincial government was appealing the ruling, saying it denied an opportunity to the signatories of the petition who seek to have it verified.
“We think that this decision is incorrect in law and anti-democratic,” said Smith, who made it clear that the UCP firmly backs Alberta remaining in Confederation.
“Our government does support Alberta remaining in Canada,” said Smith.
During the 1995 Quebec referendum, the James Bay Cree in northern Quebec overwhelmingly voted to remain in Canada. The result became a key factor in the broader referendum campaign, which ultimately saw 50.6 per cent of Quebec voters reject separation.
When asked if First Nations peoples in Alberta would consider similar action should a referendum be advanced here, Mercredi didn’t rule it out.
“We’re looking at every option available. We’re mobilizing our people,” said Mercredi. “We understand that with the current government in place, they might try to have this referendum one way or another. So we’re preparing ourselves for that.”
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— With files from Meredith Kerr
