The UCP was called out by the Court for trying to silence the Justice System on the issue of the proposed referendum on Alberta separating from Canada.

An Alberta judge says a proposed referendum question on Alberta separating from Canada is unconstitutional, in a decision given less than 24 hours after the provincial government introduced legislation that would have ended the court proceeding.

Once Bill 14 came into force, the court action would have been discontinued, preventing Court of King’s Bench Justice Colin Feasby from issuing a decision, even though several days of arguments had already been presented.

He added what he called an “epilogue,” which specifically addressed the impact of the proposed legislation.

“The legal consequence of discontinuing this proceeding prior to a decision would be to silence the Court,” he said.

The judge called the move to change the legislation antithetical to the rule of law and democracy.

“The public is entitled to the fruits of this process that has been conducted largely at their expense so that if they are asked to vote on Alberta independence, they have a tool that may help them make sense of the legal dimensions of the secession of Alberta from Canada.”

Feasby noted that the court case had been prioritized at the expense of other justice system participants waiting for their cases to be heard.

“Alberta’s cavalier disregard for court resources and lack of consideration for the parties and First Nations intervenors who participated in this proceeding in good faith is disappointing to say the least.”

  • runsmooth@kopitalk.netOP
    link
    fedilink
    English
    arrow-up
    8
    ·
    2 days ago

    I take this to mean the UCP has, yet again, publicly disarmed Elections Alberta from performing its role.

    I also consider that the UCP is publicly trying to disarm the Justice System by preventing the issue and related questions of Alberta independence from being posed to the courts at all.

    I’ll drop in a new AlbertaUnderSiege tag because this is very much an attack by the UCP on a branch of government - the Judiciary.

    When the changes to the Citizen Initiative Act in Bill 14 take effect, Sylvestre will be able to resubmit his application for a referendum proposal.

    The legislation removes the requirement that the question can’t contravene the Constitution, and only the justice minister — not the chief electoral officer — will have the power to refer proposals to the courts.