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Alberta First Nations seek court ruling that separation petition is unconstitutional
Summary
Three Alberta First Nations have filed for judicial review asking the Court of King's Bench to declare the Citizen's Petition Act and a provincial separation petition unconstitutional, saying the province failed to consult them and that the Citizen Initiative Act conflicts with parts of the Constitution.
Content
Three Alberta First Nations have applied for a judicial review after Elections Alberta approved a petition on the province's separation from Canada. The Siksika Nation, Piikani Nation and Blood tribes filed the application in the Court of King's Bench in Edmonton. They ask the court to declare the Citizen's Petition Act unconstitutional and to rule the separation petition null and void. The First Nations say the province failed in a constitutional duty to consult them and contend that recent provincial legislation conflicts with sections of the Canadian Constitution and with treaty rights.
Key facts:
- The Siksika Nation, Piikani Nation and Blood tribes filed for judicial review of Elections Alberta's approval of a separation petition.
- The First Nations argue the province had a constitutional duty to consult and that the Citizen Initiative Act is inconsistent with sections 92 and 96 of the Constitution and with treaty rights.
- The application asks the court to declare the petition "null and void" and to order reimbursement of the First Nations' legal costs.
- Earlier related steps include a separate challenge by Sturgeon Lake Cree Nation and a December court ruling that a prior petition question was unconstitutional, followed by provincial legislation that allowed a new petition process to proceed.
Summary:
The filing disputes both Elections Alberta's approval of the petition and provincial laws that enabled the new petition, framing the matter as constitutional and treaty-related. Undetermined at this time.
