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National Post

Hearing on constitutionality of Alberta separation question to proceed: judge

EDMONTON — A judicial review of a proposed Alberta separation referendum question will go ahead, after an application to quash the proceeding and have the question approved without scrutiny was denied. Article content Court of King's Bench Justice Colin Feasby said in his ruling Thursday that a judicial review and full hearing on the constitutionality of the question would benefit democracy. Article content Article content Article content 'A referendum on Alberta independence that could lead to the breakup of Canada is serious business,' the judge said, adding that he thinks there are valid arguments to be made on both sides of the issue. Article content Article content 'The citizens of Alberta deserve to have these arguments made properly and heard in full. Democracy demands nothing less.' Article content Alberta's chief electoral officer, Gordon McClure, referred the question to court last month so a judge could determine whether it violates the Constitution, including treaty rights. The group that submitted the question, the Alberta Prosperity Project, applied last week to have the referral quashed. Article content Feasby said there was a high threshold to throw the review out and arguments made by the group's lawyer fell short. Article content 'The referendum proponent calls (McClure's) referral to the court premature, an abuse of process and an affront to democracy. It is none of those things,' the judge said. Article content Article content 'The referral to the court may result in delay, but it reinforces the legitimacy of the referendum process by ensuring that unconstitutional questions are not put to a vote.' Article content Article content Lawyers for Justice Minister Mickey Amery and the chief electoral officer didn't take a position on the application to quash the referral. However, the minister and Premier Danielle Smith have criticized McClure, saying they think the question is constitutional and should have been approved. Article content Jeffrey Rath, the lawyer for the Alberta Prosperity Project, said outside court he wasn't surprised his application failed. Article content But he's confident the question will survive the scrutiny of the review to come. Article content 'We're going to move forward and it'll give us a lot more opportunity to continue to talk to our fellow Albertans about the benefits of independence,' Rath said.