Best place for Alberta is in Canada, PM says after judge tosses separation petition

The judge also said Smith’s government neglected its duty to consult First Nations.

Carney, asked whether he thinks a vote should be held on Alberta separation, said referendums on any topic are part of a democracy but rules also need to be followed.

“That means respecting the rights of Indigenous peoples, respecting the right of people to privacy,” he said.

He also said it means following the federal Clarity Act, which gives Ottawa a say on whether any separation question is clearly understood and what should be considered a sufficient majority vote.

“Ultimately, Parliament has a role in making the judgment about the question,” Carney said.

Smith called the judge’s decision “anti-democratic” and quickly announced her government would appeal. She also questioned the duty to consult, saying it’s something reserved for specific projects such as pipelines.

The group behind the petition, Stay Free Alberta, also said it would appeal.

Athabasca Chipewyan First Nation and the Blackfoot Confederacy launched the court challenge. They argued the petition process was unconstitutional and that separation would violate treaty rights.

The premier is now facing calls to put the separatist question on the ballot herself, but she hasn’t committed one way or another. She has said she needs to discuss it with her United Conservative Party caucus and cabinet.

Carney didn’t say whether he’s worried about the prospect of an Alberta vote on separation. He repeated Ottawa is focused on working with all provinces and territories to make Canada work.

“We’re making that progress on behalf of Albertans. But by making Alberta stronger, we’re making all of Canada stronger,” Carney said.

Smith, in question period Thursday, agreed and said she appreciates Carney’s willingness to work with Alberta.

Both said they would be making be an announcement Friday in Calgary about their landmark energy deal from last fall.

Neither shared details. But a source with knowledge of the discussions has said the governments are expected to announce a plan to raise Alberta’s industrial carbon emission price to $130 per tonne by 2040.

A carbon price agreement is one of several steps Smith and Carney committed to, with the end goal being a new bitumen pipeline to the West Coast.

Both leaders have repeatedly pointed to their energy deal as something necessary to counteract Alberta’s separatist movement and convince supporters to get back on Team Canada.

Lori Williams, a political scientist at Mount Royal University, said Smith is trying to balance competing interests.

“Every time she leans in the direction of saying federalism works, the separatist dissidents within her party start to make noise and demands. If she cedes to their demands, she risks losing support of moderate conservatives and swing voters,” Williams said.

“On the one hand, we’ve got potential for movement on energy policy and pipelines that requires investor confidence. On the other, we’ve got this referendum that movement on the energy file could tamp down. But the persistence of the referendum question is harming the ability to go to the next step on pipelines.”

As First Nations from across the province continued to celebrate the judge’s decision, Smith defended her decision to appeal.

“We don’t want to deny 300,000 people the opportunity to have their signatures and their efforts considered and validated,” Smith said during legislature debate.

The separatist group Stay Free Alberta submitted the petition to Elections Alberta last week, touting a tally of nearly 302,000 signatures.

“That is why we structured the Citizen Initiative Act to be permissive, to allow for citizens to have that democratic right … and that’s what we’re going to be defending,” Smith said.

She cited another petition that has taken a pro-federalist stance and has already been verified, saying she can’t discount that more than 700,000 Albertans want to put the province’s future in Confederation on a ballot this fall.

The premier has outlined nine questions dealing with immigration and constitutional changes for an Oct. 19 referendum. Adding a separation question to the ballot has been up in the air.

Mickey Amery, Smith’s justice minister, wouldn’t say what the province plans to argue in its appeal. He told reporters the government would be working with the courts to get the process moving quickly.

Rebeca Gimenez, a law professor at the University of Alberta who’s an expert in constitutional and Indigenous rights law, said she doesn’t think the province will argue against the duty to consult. But it could mount an appeal based on when consultation takes place, she said.

During the court hearing last month, government lawyers said consulting Indigenous leaders was something that would only become necessary if the province took steps to take Alberta out of Canada after a referendum.

The judge, in her decision, said the duty to consult was triggered early in the petition process because, if successful, it would lead to a binding vote.

Gimenez said the government could re-hash its arguments about the petition process being administrative and that opportunities for consultation exist later.

But she said Smith is wrong to think the duty to consult only applies to specific projects.

“It does apply to policies and regulatory processes and strategic processes,” Gimenez said.

This report by The Canadian Press was first published May 14, 2026.

Jack Farrell, The Canadian Press

by The Canadian Press

Best place for Alberta is in Canada, PM says after judge tosses separation petition

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