Mitch Sylvestre hold boxes of signatures before submitting signatures for a separation referendum to Elections Alberta in Edmonton, on Monday, May 4, 2026. THE CANADIAN PRESS/Jason Franson

By The Canadian Press

Alberta judge concerned about parts of ruling that threw out separatist petition

Jun 18, 2026 | 10:38 AM

EDMONTON — A judge has reserved her decision on whether to set aside a ruling that quashed an Alberta separatist group’s referendum petition saying she has concerns with parts of the decision.

The ruling last month found that the Stay Free Alberta petition shouldn’t have been issued and that Premier Danielle Smith’s government neglected its duty to consult First Nations.

Alberta Court of Appeal Justice Alice Woolley, hearing arguments today for a stay of the ruling, says aspects of her colleague’s decision make her uneasy.

Woolley pointed to the other judge’s interpretation of legislative changes made last year to the petition process.

Woolley says her concerns shouldn’t be taken as a sign she will rule one way or another.

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The petition from the separatist group Stay Free Alberta called for a direct referendum question on the province quitting Canada.

Jeff Rath, a lawyer for the group, applied for a stay of the ruling so that Elections Alberta can verify the petition’s signatures.

The group submitted its petition in May claiming to have collected nearly 302,000 names. Days later, Court of King’s Bench Justice Shaina Leonard tossed the petition.

Both Rath and the provincial government are also appealing the Leonard’s decision

Smith has cited the ruling, the separatist petition and a pro-Canada petition with 404,000 verified signatures as the reason she decided to put a separation question on the province’s Oct. 19 referendum.

The question asks Albertans whether they want to remain in Canada or hold a second, binding vote on separation in the future.

Jack Farrell, The Canadian Press

by The Canadian Press

Alberta judge concerned about parts of ruling that threw out separatist petition

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