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An Alberta judge has thrown out a petition seeking for the province to separate from Canada, after indigenous First Nations groups argued that an independent Alberta without their consultation would infringe on their treaty rights.
The 37-page ruling was delivered on Wednesday in an Edmonton court by Justice Shaina Leonard.
It comes after Stay Free Alberta, the group behind a citizen-led petition on Alberta independence, said it had gathered more than 300,000 signatures - enough to trigger a province-wide referendum.
Justice Leonard paused verification of those signatures pending her decision on the First Nations legal challenge.
As part of the decision, Justice Leonard found a failure to consult with Athabasca Chipewyan First Nation, Blood Tribe, Piikani Nation, and Siksika Nation.
In the ruling, the judge wrote, "As a matter of logic and common sense, there can be no doubt that Alberta's secession from Canada will have an impact" on two treaties signed in the 19th Century with First Nations peoples and the Crown.
Despite the clear impact separation would have, "no consultation occurred", Leonard wrote. "Alberta breached its duty to consult with the applicants."
www.bbc.com
The 37-page ruling was delivered on Wednesday in an Edmonton court by Justice Shaina Leonard.
It comes after Stay Free Alberta, the group behind a citizen-led petition on Alberta independence, said it had gathered more than 300,000 signatures - enough to trigger a province-wide referendum.
Justice Leonard paused verification of those signatures pending her decision on the First Nations legal challenge.
As part of the decision, Justice Leonard found a failure to consult with Athabasca Chipewyan First Nation, Blood Tribe, Piikani Nation, and Siksika Nation.
In the ruling, the judge wrote, "As a matter of logic and common sense, there can be no doubt that Alberta's secession from Canada will have an impact" on two treaties signed in the 19th Century with First Nations peoples and the Crown.
Despite the clear impact separation would have, "no consultation occurred", Leonard wrote. "Alberta breached its duty to consult with the applicants."
Alberta judge tosses out petition to separate from Canada
The ruling comes after a group leading a petition for Alberta independence said it had gathered enough signatures to trigger a province-wide vote.
www.bbc.com
