Alberta Premier Danielle Smith defends decision to appeal court ruling on separatism petition
Your Province. Your Premier host, Wayne Nelson, told Smith on Saturday that critics are accusing her of showing her “true colours"
Author of the article:Jackie Carmichael
Published May 16, 2026 • Last updated 1 day ago • 4 minute read
Alberta Premier Danielle Smith speaks at a meeting with Prime Minister Mark Carney in Calgary on Friday, May 15, 2026 before signing an agreement on oil pipeline approvals and carbon pricing.
Alberta Premier Danielle Smith speaks at a meeting with Prime Minister Mark Carney in Calgary on Friday, May 15, 2026 before signing an agreement on oil pipeline approvals and carbon pricing. Photo by Brent Calver /Postmedia
Premier Danielle Smith told callers Saturday she still holds that Court of King’s Bench Justice Shaina Leonard’s Wednesday ruling was “anti-democratic” — and she wouldn’t rule out a referendum with or without a successful appeal.
Leonard found the provincial government failed to meet its constitutional duty to consult with First Nations, who argued Alberta separating from Canada would infringe on treaty rights. She quashed the Stay Free Alberta separatist petition, ruling that the chief electoral officer should never have issued it without proper First Nations consultation.
Sean, a caller from Edmonton, lambasted the premier’s decision to appeal the quash.
“You’re wasting our tax money pandering to the very worst people in our province who hate this country, who want to kick me out of my own country, and appealing this court decision that correctly says that separation would be unconstitutional,” he said.
Smith walks a narrow line in her own party. Recent polls have shown separatist sentiment on the rise in the UCP, and five out of nine UCP officers added to the board in November 2025 appeared on a slate of Alberta Prosperity Project-supported “pro-independence” candidates.
Your Province. Your Premier host Wayne Nelson told Smith on Saturday that critics are accusing her of showing her “true colours.”
“By doing so, are you defending democracy, or are you pandering to the ultra-right wing of your party to avoid the same fate that befell Jason Kenney and Ralph Klein?” Nelson asked.
Smith said 400,000 people signed a petition wanting to affirm that they want to remain in Canada, and 300,000 signed a petition saying the opposite is democratic.
“That’s over a quarter of every Albertan who is eligible to vote, and that’s the reason we have a citizen initiative process, so the people on both sides of an issue can have it out, talk about it, and be able to hopefully, in this case, chart a better path towards autonomy within the united Canada, which is my position,” she said.
Smith said she showed her true colours on Confederation this week by signing an MOU with a timeline for approval of her government’s much-sought-after oil pipeline to the West Coast, which could see shovels in the ground in 2027.
The deal builds on the memorandum of understanding reached by the two leaders in November 2025. Postmedia reported this week the MOU was met with some doubt from B.C. Premier David Eby and Coastal First Nations-Great Bear Initiative Chief Marilyn Slett.
Smith said she’s worked hard on the piece since November.
“Coming to an agreement, that’s my view of how our country works. We have federal jurisdiction and provincial jurisdiction, and where they overlap, you have to work it out, and sometimes it takes a little while, and sometimes it takes going back and forth, but it’s worth doing, and I think we got not only a good result for Alberta, but a good result for Canada,” she said.
The premier, who has invoked the notwithstanding clause to override several federal decisions in the last year, said the reason she intervenes “in certain cases” is to prevent overreach of judges when it affects a broader interest for Alberta.
“We want citizens to feel confident that they can get their fellow citizens together and put a question of public interest on the agenda … for a single unelected, Trudeau-appointed judge to come in and say you can’t do that without indigenous consultation? First, I think that upends the entire act, because how is a group of well-meaning citizens supposed to even meet that bar?” she said.
Smith said it’s a bar the government has to meet, but it only triggers the requirement to do so if it’s successful.
“We think the decision was anti-democratic and also an error in law, and we’ll appeal it to see if we can get it through the process, and perhaps get a Supreme Court judgment, and hopefully one that’s on our side, because we think citizen initiative petitions are important.”
Asked if there will be a fall referendum on separation, Smith said she had to talk to her caucus and cabinet.
“There’s some work of the committee on the Forever Canada petition, that was the one that was put forward, the question, Do you want to remain in Canada?, which did get over 400,000 signatures, so there’ll be a little bit more work that we need to do internally as we’re digesting the impact of this of this decision, and I’ll have more to say on that next week, likely,” Smith said.
jcarmichael@postmedia.com
Premier Danielle Smith told callers Saturday she still holds Court of King’s Bench Justice Shaina Leonard’s ruling was “anti-democratic."
torontosun.com