Court hears Alberta separatist group's plea for stay of referendum petition ruling

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

EDMONTON — An Alberta Court of Appeal hearing is underway for a separatist group’s attempt to have a ruling that quashed its referendum petition set aside.

A judge ruled last month 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.

The petition called for a direct referendum question on the province quitting Canada.

Jeff Rath, a lawyer for Stay Free Alberta, has 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.

Both Rath and the provincial government are also appealing the judge’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