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Politics
08 August 2025

Alberta Court Weighs Proposed Separation Referendum Question

Competing petitions and a heated court battle highlight deep divisions as Alberta debates whether to remain in Canada or pursue independence.

On August 7, 2025, the question of Alberta’s future within—or outside—Canada landed in an Edmonton courtroom, reigniting a debate that has simmered for decades in the province’s political landscape. The Alberta Prosperity Project (APP), a group advocating for Alberta’s independence, submitted a proposed referendum question to the province’s chief electoral officer, Gordon McClure: “Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?” According to Global News, McClure referred the question to the courts to determine whether it violated the Canadian Constitution, including crucial treaty rights.

The legal review, which began this week before Court of King’s Bench Justice Colin Feasby, is the latest chapter in a saga that has seen passionate arguments from all sides. The APP’s lawyer, Jeffrey Rath, argued that it was too early for judicial intervention. “There’s no guarantee it will get enough signatures to put the question on a ballot or that a referendum would even pass,” Rath told the court, as reported by Global News. He insisted that merely asking the question does not violate the Constitution—only if the referendum passed and negotiations began on Alberta’s separation would constitutional issues come into play.

The chief electoral officer, for his part, has maintained a position of neutrality. According to Town and Country This Week, McClure emphasized that his referral was simply him fulfilling his duty in a non-partisan and neutral manner. He flagged seven sections from the Constitution Act of 1982, including section 1 (guaranteeing rights in the Charter of Rights and Freedoms), section 3 (democratic rights), and section 35 (recognizing Indigenous and treaty rights), as areas needing judicial scrutiny.

The APP, however, views the court referral as a stalling tactic. A spokesperson for the group said they would address the question in court on August 6 in Edmonton, underscoring their frustration with what they see as bureaucratic hurdles. APP leader Mitch Sylvestre has been touring Alberta since the federal election in April 2025, rallying support for the separatist cause and gathering momentum for the referendum effort.

If the court ultimately approves the question, the APP faces a daunting challenge: collecting 177,000 signatures in just four months to put the referendum on the ballot. But they are not alone in the arena. A competing initiative, the “Alberta Forever Canada” petition led by former Progressive Conservative cabinet minister Thomas Lukaszuk, is also vying for public attention. This initiative asks, “Do you agree that Alberta should remain in Canada?” and, having been approved on June 30, must gather nearly 294,000 signatures by October 28, 2025—a higher threshold because it was submitted before new rules lowered signature requirements.

The dueling petitions reflect the deep divisions within Alberta on the question of separation. According to Town and Country This Week, Lukaszuk’s motivation for the petition stems from ongoing separatist talks and his belief that most Albertans are “loyal Canadians opposed to any form of separation.” Efforts to collect signatures for the “Alberta Forever Canada” petition began in early August, with prominent figures such as Athabasca Chipewyan First Nation Chief Allan Adam signing on in support outside the courthouse on August 7.

Multiple groups, including the Athabasca Chipewyan First Nation, have indicated their intention to make submissions opposing the APP’s proposed separation question. As Global News notes, a letter from a government lawyer on August 7 stated that Justice Minister Mickey Amery also plans to make submissions. The letter reiterated Amery’s view: “The minister’s position is that the proposal is not unconstitutional, and therefore should be approved and permitted to proceed.” Amery’s stance echoes that of Premier Danielle Smith, who, along with Amery, has criticized the court referral and argued that the question should only face judicial review if it actually passes a majority vote.

The legal wrangling is just one facet of a broader debate playing out in Alberta’s communities and media. Since the federal election in April, the APP has made a concerted effort to rally separatist sentiment, holding town halls and public meetings across the province. Meanwhile, Town and Country This Week has been polling its readers, revealing a province with mixed feelings about its identity and future.

In a May 23 poll, 44 percent of respondents said they felt more Canadian than Albertan, while 37 percent identified more strongly with Alberta, and 18 percent said they felt equally both. Another poll on June 25 asked how Alberta should approach its relationship with the federal government. While 31 percent supported pursuing a referendum on separation, a larger portion—42 percent—favored building stronger relationships with other provinces to advocate for change. These numbers suggest that, while separatist sentiment is significant, it does not command a majority.

The sense of division was further highlighted in a June 30 poll, which asked readers if they agreed with speakers at a United Conservative Party town hall who claimed that “Canada cannot be fixed.” Seventy percent disagreed with the statement, while 23 percent agreed. The rest were unsure or had other views. The data, as reported by Town and Country This Week, points to a plurality of Albertans who, despite frustrations with Ottawa, remain committed to the Canadian federation.

Still, the separatist cause is not without its supporters. The Alberta Prosperity Project and its allies argue that the province’s interests are routinely sidelined by federal policies, particularly those affecting the energy sector and natural resources. They view a referendum as an expression of democratic will—a chance for Albertans to assert their right to self-determination. As a government lawyer’s letter put it, “It is settled law that the government of any province of Canada is entitled to consult its population by referendum on any issue, and that the result on a referendum on the secession of a province, if sufficiently clear, is to be taken as an expression of democratic will.”

Opponents, including Indigenous groups and some political leaders, worry that separation would violate treaty rights and destabilize the province’s economy. Economists, as highlighted by Global News, have warned that the uncertainty surrounding separatism could scare away investment, further complicating Alberta’s already challenging economic environment.

As the legal process unfolds, the fate of Alberta’s place in Canada hangs in the balance. The coming months will see both sides racing to gather signatures and sway public opinion, all while the courts consider the constitutional implications of the proposed referendum. Whatever the outcome, it’s clear that the debate over Alberta’s future is far from settled—and that the province’s identity, loyalties, and ambitions remain as complex and contested as ever.