Braid: Separatism debate heats up as referendum question goes to court

Ottawa Citizen

4 days ago

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The elections office asks Court of King's Bench to decide whether a referendum question proposed by separatists is unconstitutional.
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The question from activist Mitch Sylvestre, is: 'Do you agree that the province of Alberta shall become a country and cease to be a province of Canada?'
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This may violate the Constitution Act of 1982, and the subsequent Clarity Act, which lays out detailed requirements for separation.
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Short form: a province cannot unilaterally secede from Canada by simple referendum.
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Even after a big Yes vote, talks with Ottawa are required.
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Provincial law on referendums — the UCP's law — clearly states that unconstitutional questions may not be put to the people for a vote.
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Whatever happens in court, the separatist drive for a referendum question is stalled for some time.
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Another problem awaits them. A related question has already been approved by Elections Alberta, the independent body established by the legislature.
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The pro-Canada leader of this campaign is former PC Deputy Premier Thomas Lukaszuk.
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He's now branded 'Tommy the Commie' by separatists who seem deeply annoyed that he got the jump on them.
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He sure did. Lukaszuk's question was approved just before Canada Day. That kicked off a 30-day period for organizing that ends Wednesday.
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After that, the group can start collecting official signatures to trigger a provincewide vote.
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Lukaszuk's question was approved while a previous law was in effect. It requires him to gather 300,000 names, all fully checked and approved, in only 90 days.
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Bizarrely, after Lukaszuk's question was allowed, the UCP proclaimed legislation that lowers the bar to 177,000 signatures over 120 days.
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That's a much more reasonable goal. But Lukaszuk may be stuck with the old one.
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He argues that his question should fall under the new standard.
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'We're anticipating that he (the chief electoral officer) will say we're going by the old rules, but we may challenge him on that,' says Lukaszuk.