Alberta’s top electoral official defends court referral on separation referendum

REDFM NEWS DESK

JULY 29, 2025

Alberta’s Chief Electoral Officer is pushing back against criticism from Premier Danielle Smith and Justice Minister Mickey Amery over his decision to refer a proposed referendum question on Alberta’s separation to the courts.

The proposed citizen-led initiative asks: “Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?” Before any signatures can be gathered, the question must be approved by Elections Alberta.

Earlier this week, Gordon McClure — Alberta’s top election official — announced he was seeking a judge’s opinion to determine whether the question contravenes Canada’s Constitution, including the Charter of Rights and treaty rights.

Premier Smith and Minister Amery say the move is delaying democracy. In separate social media posts, they called on Elections Alberta to let the signature-gathering begin “without needless bureaucratic red tape or court applications.” Amery added that since the province would be responsible for implementing any result, judicial scrutiny at this stage is “premature.”

But McClure responded Tuesday, defending his decision as both lawful and necessary.

“In seeking the opinion of the Court, the Chief Electoral Officer is fulfilling his duty under the Citizen Initiative Act in an independent, neutral and non-partisan manner,” he said.

He described the proposed question as “serious and significant,” with the potential to profoundly impact all Albertans — a decision, he says, that warrants judicial clarity.

The issue has sparked strong political reaction. Opposition NDP deputy leader Rakhi Pancholi accused the UCP of undermining a process they created, saying the government is “bending rules to appease separatists.”

Meanwhile, the Alberta Prosperity Project — the group behind the question — has not commented since the court referral was announced.

The matter now rests with the courts.