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The Court of King’s Bench of Alberta ruled Friday that the proposed referendum to separate the province of Alberta from Canada contravenes the Constitution Act, 1982, and citizens cannot initiate the referendum under the Citizen Initiative Act (CIA). Justice Colin Feasby clarified that the ruling does not forbid Alberta from holding a separation referendum altogether.
The key issue before the court was whether the CIA allows a citizen to make a constitutional referendum proposal for the independence of the province of Alberta. While the act allows citizens to propose political, legislative, and constitutional referendum proposals, section 2(4) requires that the proposal must not contravene sections 1 to 35.1 of the Constitution Act, 1982, also known as the Canadian Charter of Rights and Freedoms, and Aboriginal and Treaty rights.
The court held that the act does not permit the proposed constitutional referendum because Alberta independence, as proposed, would infringe upon constitutional rights. First, the proposed referendum does not provide for any constitutional rights that exist in an independent Alberta. Therefore, the court cannot guarantee that the rights guaranteed by the Charter would be equally guaranteed after independence. Second, as the federal Canadian government and First Nations are the only parties to the Numbered Treaties, Aboriginal and Treaty rights affirmed by the treaties do not apply to an independent Alberta. For these reasons, the act does not allow the proposal because it contravenes the Charter and Aboriginal and Treaty rights.
In 1998, the Supreme Court of Canada similarly ruled that the Quebec government cannot declare independence unilaterally. When there is a clear majority from the province demanding independence, it is for the provincial and federal governments to negotiate the rights entitled to Canadians both inside and outside the province. Quoting this case, Justice Feasby said, “the outcome of this case should not be a surprise to anyone.”
Just one day before the judgment was released, Alberta’s Ministry of Justice tabled Bill 14 in the provincial legislature. The bill seeks to repeal section 2(4) requirements and discontinue all ongoing court proceedings brought based on CIA section 2.1, which the chief electoral officer relied on to bring this case to the court.
In his postscript, Justice Feasby expressed disappointment to the proposed amendment, for the government’s disregard for court resources, and disrespect for the administration of justice. He also wrote:
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The key issue before the court was whether the CIA allows a citizen to make a constitutional referendum proposal for the independence of the province of Alberta. While the act allows citizens to propose political, legislative, and constitutional referendum proposals, section 2(4) requires that the proposal must not contravene sections 1 to 35.1 of the Constitution Act, 1982, also known as the Canadian Charter of Rights and Freedoms, and Aboriginal and Treaty rights.
The court held that the act does not permit the proposed constitutional referendum because Alberta independence, as proposed, would infringe upon constitutional rights. First, the proposed referendum does not provide for any constitutional rights that exist in an independent Alberta. Therefore, the court cannot guarantee that the rights guaranteed by the Charter would be equally guaranteed after independence. Second, as the federal Canadian government and First Nations are the only parties to the Numbered Treaties, Aboriginal and Treaty rights affirmed by the treaties do not apply to an independent Alberta. For these reasons, the act does not allow the proposal because it contravenes the Charter and Aboriginal and Treaty rights.
In 1998, the Supreme Court of Canada similarly ruled that the Quebec government cannot declare independence unilaterally. When there is a clear majority from the province demanding independence, it is for the provincial and federal governments to negotiate the rights entitled to Canadians both inside and outside the province. Quoting this case, Justice Feasby said, “the outcome of this case should not be a surprise to anyone.”
Just one day before the judgment was released, Alberta’s Ministry of Justice tabled Bill 14 in the provincial legislature. The bill seeks to repeal section 2(4) requirements and discontinue all ongoing court proceedings brought based on CIA section 2.1, which the chief electoral officer relied on to bring this case to the court.
In his postscript, Justice Feasby expressed disappointment to the proposed amendment, for the government’s disregard for court resources, and disrespect for the administration of justice. He also wrote:
On the other hand, Alberta Justice Minister Mickey Amery said, in a press conference on Thursday, that the amendment seeks to create a permissive environment to initiate a referendum that is independent of the court process. He also reiterated that the court is entitled to decide on any questions put forward to it.
The post Alberta judge rules proposed separation referendum would be unconstitutional appeared first on JURIST - News.
Continue reading...
Note: We don't have any responsibilities about this news. Its been posted here by Feed Reader and we had no controls and checking on it. And because News posted here will be deleted automatically after 21 days, threads are closed so that no one spend time to post and discuss here. You can always check the source and discuss in their site.