Alberta's Chief Electoral Officer is pushing back against the premier's call to drop a request for a court ruling on whether a proposed referendum question is constitutional.
Alberta Chief Electoral Officer Gordon McClure said this week he has asked the Court of King's Bench to rule whether a citizen-led referendum proposal conforms to the Election Act.
Mitch Silvestre, of the Alberta Prosperity Project, wants the referendum question: "Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?" to go Albertans for a vote.
Premier Danielle Smith and Justice Minister Mickey Amery said the referendum initiative should be allowed to go ahead.
"The recently passed amendments to the Citizen Initiative Act are intended to be broadly permissive and to allow Albertans the opportunity to launch a referendum petition without needless bureaucratic red tape or court applications slowing the process," Amery posted on X Tuesday morning.
"As it is the Government of Alberta that ultimately decides how or if to implement any referendum result, those government decisions will ultimately be subject to constitutional scrutiny.
"We encourage Elections Alberta to withdraw its court reference and permit Albertans their democratic right to participate in the citizen initiative process."
The premier also posted on social media: "Although I believe in Alberta sovereignty within a united Canada, Minister (Mickey Amery) is right.
"Albertans have a democratic right to participate in the citizen initiative process. They shouldn't be slowed down by bureaucratic red tape or court applications."
McClure defended his request for court clarity, noting that the referendum question "is a serious and significant question, with the potential to have a profound impact on all Albertans."
He added it is his responsibility under the Citizen Initiative Act to ensure that the requirements of the act be met, including whether a petition proposal violated the Constitution.
There are seven sections of the Constitution that could be involved he said, including: the guarantee of rights in the Charter; democratic rights of citizens; mobility rights; and right to life, liberty and security of person. Other sections that could have a bearing include equality before the law; the enforcement of guaranteed rights and freedoms and recognition of existing aboriginal and treat rights.
In seeking the opinion of the court, McClure said he is "fulfilling his duty under the Citizen Initiative Act in an independent, neutral and non-partisan manner."
If the referendum question is approved, the Prosperity Project would need to collect 177,000 signatures within four months to get its question on the ballot.
Under provincial law, the court must schedule a hearing date within 10 days of receiving the question.
