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A judge has reserved her decision on whether to set aside a ruling that quashed an Alberta separatist group’s referendum petition.
The ruling in question found that the Stay Free Alberta petition shouldn’t have been issued under provincial law, and that Premier Danielle Smith’s government neglected its duty to consult First Nations.
Alberta Court of Appeal Justice Alice Woolley, hearing arguments Thursday for a potential stay of the ruling, said aspects of her colleague’s decision make her uneasy.
Woolley pointed to the other judge’s interpretation of legislative changes made last year to the petition process.
Woolley said her concerns shouldn’t be taken as a sign she will rule one way or another, calling it a “very complicated case.”
Jeff Rath, a lawyer for the group, applied for a stay of the ruling so that Elections Alberta can verify the petition’s signatures.
The group submitted its petition in May, claiming to have collected nearly 302,000 names, but Leonard issued her decision days later before the verification process could begin.
Stay Free Alberta’s petition called for a direct referendum question on the province quitting Canada.
Smith has cited the ruling, the separatist petition and a pro-Canada petition with 404,000 verified signatures as the reason she decided to put a separation question on the province’s Oct. 19 referendum.
The question asks Albertans whether they want to remain in Canada or hold a second, binding vote on separation in the future.
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