Justice Shaina Leonard ruled that the petition should never have been approved because the Alberta government failed in its duty to consult First Nations and because separation could violate treaty rights.
Speaking to reporters in Edmonton shortly after the ruling, Smith said the judgment was “incorrect in law” and argued that hundreds of thousands of Albertans deserve the opportunity to debate the issue publicly.
“I would say that it is a single judge who has made a decision, and we now have 700,000 Albertans — whether they’re on the remain side or the leave side — who’ve said they want to have this public debate,” Smith said.
“Since we believe that this one is incorrect in law and anti-democratic, we will be appealing it.”
The case was brought forward by lawyers representing the Athabasca Chipewyan First Nation and the Blackfoot Confederacy, who argued Alberta’s referendum process was unconstitutional because it did not require consultation with Indigenous communities.
Separatist group Stay Free Alberta submitted its petition last week, claiming it had gathered nearly 302,000 signatures — far above the required 178,000 signatures needed to trigger the process.
Smith has previously stated that if the petition met all legal requirements, the question could appear on a provincial referendum ballot later this fall.