Latest news with #Feasby
Vancouver Sun
4 days ago
- Politics
- Vancouver Sun
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. 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. '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. Start your day with a roundup of B.C.-focused news and opinion. By signing up you consent to receive the above newsletter from Postmedia Network Inc. A welcome email is on its way. If you don't see it, please check your junk folder. The next issue of Sunrise will soon be in your inbox. Please try again Interested in more newsletters? Browse here. 'The citizens of Alberta deserve to have these arguments made properly and heard in full. Democracy demands nothing less.' 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 proposed question: 'Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?' The group that submitted the question, the Alberta Prosperity Project, applied last week to have the referral quashed. Feasby said there was a high threshold to throw the review out and arguments made by the group's lawyer fell short. '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. '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.' 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. Feasby said McClure was following best practices set out in other provinces and other parts of the world. The judge also said McClure taking a stance would be seen as a partisan move from an official who's supposed to be independent. Jeffrey Rath, the lawyer for the Alberta Prosperity Project, said outside court he wasn't surprised his application failed. But he's confident the question will survive the scrutiny of the review to come. '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. 'We're looking forward to getting this process forward and having Albertans finally have their say on whether or not Alberta should remain part of Canada.' The judge scheduled three days for a hearing in November. Some interveners will be allowed to take part, Feasby said. 'Difficult choices will be made on who participates, and it's going to be what, in my view, is a representative group that can bring the important issues forward for the court to consider,' he said. A lawyer for Amery told the judge that the minister plans to make submissions. Other groups, including the Athabasca Chipewyan First Nation in northern Alberta, have also said they want to be heard. Opposition NDP justice critic Irfan Sabir, in a statement, called on Smith and Amery to stop encouraging the Alberta Prosperity Project and their desire for a referendum on separation. 'The premier and this (United Conservative Party) government need to stop pandering to these extremist groups, especially those led by her own party members who want to destroy our country,' said Sabir, referring to Mitch Sylvestre, the chief executive officer of the Alberta Prosperity Project, who is also president of a UCP constituency association. If the proposed question is approved, the Alberta Prosperity Project and Sylvestre would need to collect 177,000 signatures in four months to get it on a ballot. A competing referendum question was approved by McClure in June and asks if Alberta should declare an official policy that it will never separate from Canada. Efforts to gather signatures for that proposal, put forward by former Progressive Conservative deputy premier Thomas Lukaszuk, got underway earlier this month. Lukaszuk, who is also seeking to intervene in the review, needs to collect nearly 300,000 signatures in 90 days in order to get his question on a ballot. His application was approved before new provincial rules with lower signature thresholds took effect. He told reporters Thursday that Feasby's decision to carry on with the review was 'a win not only for democracy but for Elections Alberta and its independence.' Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here .
Edmonton Journal
4 days ago
- Politics
- Edmonton Journal
Hearing on constitutionality of Alberta separation question to proceed: judge
Jeffrey Rath, the lawyer for the Alberta Prosperity Project, said outside court he wasn't surprised his application failed. But he's confident the question will survive the scrutiny of the review to come. '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. 'We're looking forward to getting this process forward and having Albertans finally have their say on whether or not Alberta should remain part of Canada.' The judge scheduled three days for a hearing in November. Some interveners will be allowed to take part, Feasby said. 'Difficult choices will be made on who participates, and it's going to be what, in my view, is a representative group that can bring the important issues forward for the court to consider,' he said. A lawyer for Amery told the judge that the minister plans to make submissions. Other groups, including the Athabasca Chipewyan First Nation in northern Alberta, have also said they want to be heard. Opposition NDP justice critic Irfan Sabir, in a statement, called on Smith and Amery to stop encouraging the Alberta Prosperity Project and their desire for a referendum on separation. 'The premier and this (United Conservative Party) government need to stop pandering to these extremist groups, especially those led by her own party members who want to destroy our country,' said Sabir, referring to Mitch Sylvestre, the chief executive officer of the Alberta Prosperity Project, who is also president of a UCP constituency association. If the proposed question is approved, the Alberta Prosperity Project and Sylvestre would need to collect 177,000 signatures in four months to get it on a ballot. A competing referendum question was approved by McClure in June and asks if Alberta should declare an official policy that it will never separate from Canada. Efforts to gather signatures for that proposal, put forward by former Progressive Conservative deputy premier Thomas Lukaszuk, got underway earlier this month. Lukaszuk, who is also seeking to intervene in the review, needs to collect nearly 300,000 signatures in 90 days in order to get his question on a ballot. His application was approved before new provincial rules with lower signature thresholds took effect. He told reporters Thursday that Feasby's decision to carry on with the review was 'a win not only for democracy but for Elections Alberta and its independence.' Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark and sign up for our daily newsletter, Posted, here.
Toronto Star
4 days ago
- Politics
- Toronto Star
Alberta separatist group suffers setback after judge orders review of referendum question
An Alberta separatist group has suffered a setback in their attempt to put a referendum to Albertans, after a judge confirmed that its proposed question must be first reviewed by the courts to determine whether the question violates the Constitution. 'A referendum on Alberta independence that could lead to the breakup of Canada is serious business,' Court of King's Bench Justice Colin Feasby wrote in a decision released Thursday. Despite arguments from Alberta Prosperity Project (APP) that there was never any harm in just asking if Albertans wanted to be a 'sovereign country,' Feasby countered that it's not 'plain and obvious' that the proposal was constitutional, and that arguments on both sides needed to be heard. 'Democracy demands nothing less,' he concluded.
Edmonton Journal
26-06-2025
- Business
- Edmonton Journal
Lawyer seeks to add Alberta corporations to list of plaintiffs in COVID-related class-action lawsuit
Article content 'They're still suffering from these orders. They're still suffering from a massive debt burden,' the lawyer said. But Dube said the group would not be limited to just small corporations. 'The proposed class of all corporations in Alberta run the whole gamut,' he said. Last Oct. 30, the Calgary Court of King's Bench judge ruled the class action could proceed on behalf of individual business owners who may have suffered losses due to unauthorized restrictions imposed by the Jason Kenney government. Feasby said the case can proceed on six common issues impacting all business owners affected by measures imposed by provincial cabinet and issued in the name of Chief Medical Officer of Health Dr. Deena Hinshaw. In 2023, Justice Barb Romaine ruled the measures ordered were unlawfully imposed under the Public Health Act because the decisions to issue the CMOH orders were made by cabinet and not Hinshaw. The province has appealed Feasby's certification of the class action, but did not challenge Romaine's earlier ruling the government acted illegally. Feasby said he will try to hand down a decision by next month.
Calgary Herald
25-06-2025
- Business
- Calgary Herald
Lawyer seeks to add Alberta corporations to list of plaintiffs in COVID-related class-action lawsuit
Alberta corporations negatively impacted by unlawful provincial COVID-19 measures should be added to the class of plaintiffs suing the government over business losses, a lawyer argued Wednesday. Article content Jeffrey Rath said there is likely a large group of corporations impacted by the measures who should be entitled to join a class-action lawsuit proceeding on behalf of individual business owners who lost money due to government actions. Article content Article content Article content Rath said concerns raised by Justice Colin Feasby and Alberta Justice lawyer John-Marc Dube that major corporations would join the fray are unfounded. Article content Article content He said adding corporations to the lawsuit, which Feasby certified as a class-action case last fall, would allow smaller mom-and-pop companies to be represented before the court. Article content 'Just because there are multi-billion-dollar corporations in Alberta should not mean that these smaller corporations should be precluded,' Rath said. Article content While major corporations have the resources to proceed with their own litigation, the vast majority of Alberta companies would be small operations, he argued. Article content 'There are lots of mom-and-pops running their own corporations.' Article content Rath, who currently represents a class certified by Feasby of Alberta business owners impacted by the measures introduced at the height of the coronavirus pandemic, said many smaller incorporated operations are in the same boat. Article content Article content 'They're still suffering from these orders. They're still suffering from a massive debt burden,' the lawyer said. Article content But Dube said the group would not be limited to just small corporations. Article content 'The proposed class of all corporations in Alberta run the whole gamut,' he said. Article content Last Oct. 30, the Calgary Court of King's Bench judge ruled the class action could proceed on behalf of individual business owners who may have suffered losses due to unauthorized restrictions imposed by the Jason Kenney government. Article content Feasby said the case can proceed on six common issues impacting all business owners affected by measures imposed by provincial cabinet and issued in the name of Chief Medical Officer of Health Dr. Deena Hinshaw. Article content In 2023, Justice Barb Romaine ruled the measures ordered were unlawfully imposed under the Public Health Act because the decisions to issue the CMOH orders were made by cabinet and not Hinshaw. Article content
