A petition with more than 300,000 signatures — well over the required threshold — seeking such a referendum was submitted to Elections Alberta on May 4.
But that key step in the process comes amid an ongoing court case about treaty rights, which means things are stuck in limbo for the time being.
The group’s first petition was referred to court last July by chief electoral officer Gordon McClure, who was seeking a ruling on whether it violated the Constitution. In December, Court of King’s Bench Justice Colin Feasby ruled that separatism couldn’t be pursued under the provincial Citizen Initiative Act — partly because of Constitutional concerns and partly because it could violate First Nations’ treaty rights.
That second petition was also taken to court, this time by First Nations who argued provincial separation would be unconstitutional on the grounds that it would violate treaties negotiated with the Crown.

