An Alberta judge says a referendum proposal on Alberta separating from Canada goes against Charter and Treaty rights, in a decision given less than 24 hours after the provincial government introduced legislation that would have ended the court proceeding.

The province’s Bill 14, which was introduced Thursday, would end court action on the issue once it came into effect. The proposed bill would allow citizen initiatives to go ahead even if they might violate the Constitution.

Court of King’s Bench Justice Colin Feasby, who has listened to several days of arguments about the independence proposal, had sharp words for the government move to change the law.

“Legislating to pre-emptively end this court proceeding disrespects the administration of justice,” he said in the Calgary Court of King’s Bench on Friday.

  • definitemaybe@lemmy.ca
    3·
    24 hours ago

    The Notwithstanding Clause doesn’t contravene Treaty Rights or Section 35 of the Charter of Rights and Freedoms:

    Section 35 of the Constitution Act, 1982, which recognizes Aboriginal and treaty rights, is generally considered immune to the Charter’s notwithstanding clause (Section 33) because Section 35 falls outside the Charter itself, existing in Part II of the Constitution, meaning legislatures can’t override these Indigenous rights with the clause

    (AI summary, but accurate to my understanding)

    So the Notwithstanding Clause is irrelevant, in terms of the government’s obligations to meet Treaty Rights. Even moreso, the Supreme Court of Canada has ruled that Treaty Rights supercede the Constitution since (roughly) they predate the Constitution.

    I’m not a lawyer, but I assume that Treaty Rights would make separation legally complicated, at best, if not practically impossible under the current legal system.

    • NotMyOldRedditName@lemmy.world
      2·
      23 hours ago

      Doesn’t mean she won’t try to make up something bullshit in an attempt to ram it through. It’d fail sure, but I’m pretty sure she’ll somehow try.