Court ruling, privacy probe hit separation petition

A successful court challenge from First Nations and an ongoing privacy investigation have placed Alberta’s separation petition under renewed scrutiny.

Piikani Nation Chief Troy Knowlton called the May 13 Alberta Court of King’s Bench decision to quash Elections Alberta’s approval of the separatist petition a “historic victory” for Piikani Nation, the Blackfoot Confederacy and Treaty peoples.

The court decision came after First Nations challenged the approval of a citizen initiative petition connected to a proposed referendum on Alberta independence. The ruling found Alberta had a duty to consult First Nations before the petition process was allowed to proceed.

“Today marks a historic victory for Piikani Nation, the Blackfoot Confederacy, and all Treaty peoples,” Knowlton said in a May 13 statement.

Knowlton said the decision recognized concerns raised by Piikani Nation from the beginning of the process.

“The Alberta Court of King’s Bench has quashed Elections Alberta’s approval of the separatist petition. This decision recognizes what we have said from the beginning: the provincial government failed in its constitutional duty to consult with First Nations, and proceeding with an unconstitutional question would have caused irreparable harm to our Treaty rights,” he said.

The ruling halted a citizen led petition effort that had already drawn significant attention across the province. Justice Shaina Leonard of the Court of King’s Bench quashed the chief electoral officer’s approval after finding First Nations were not consulted and wrote there could be “no doubt” Alberta’s secession from Canada would have an impact on Treaties 7 and 8.

Knowlton said the ruling affirmed that Treaty 7 remains a living agreement, not a relic of the past.

“This ruling is a clear affirmation of the Treaties we signed with the Crown. Treaty 7 is not a historical footnote — it is a living, constitutionally protected agreement that established a nation-to-nation relationship and guaranteed our rights to our lands, our way of life, and our self-determination,” he said.

He said the court confirmed those rights could not be ignored, overridden or placed at risk by a citizen initiative or provincial referendum.

“For Piikani Nation and our Blackfoot partners, this decision reinforces that Alberta cannot unilaterally alter the constitutional fabric of this country without fulfilling its legal obligations to us. Our treaties predate the province of Alberta itself. They are the foundation upon which this province was built,” said Knowlton.

The petition process has also faced questions related to privacy and the alleged unauthorized distribution of Alberta’s List of Electors.

Elaine Schiman, communications manager for the Office of the Information and Privacy Commissioner of Alberta, confirmed in an email that Commissioner Diane McLeod was not commenting further at this time because the office is investigating the List of Electors matter.

The OIPC said Elections Alberta informed the office on April 30 of an alleged breach of the List of Electors by a third party. The office said the list contains personal information of millions of Albertans, including full names, addresses, postal codes, phone numbers and unique elector identifier numbers.

In an April 30 statement, McLeod said her office was working to determine the facts after Elections Alberta reported a potential breach of the List of Electors. According to information the OIPC cited from Elections Alberta, news releases and media reports, a group called The Centurion Project had allegedly made public on its website a list containing 2.9 million Albertans’ names, addresses and, in some cases, phone numbers.

“What happened here is very serious,” McLeod said on April 30, “More than 2.9 million Albertans have had their personal information breached. For some of these individuals there is likely a real risk of significant harm given that their home address and phone numbers have been made public.”

McLeod said the matter highlighted a gap in Alberta’s privacy laws because the Personal Information Protection Act does not apply to political parties. She said the OIPC has been calling for PIPA to be amended to include political parties for decades.

On May 7, the OIPC announced it had launched an investigation into allegations that The Centurion Project Ltd. collected, used and disclosed personal information derived from the Alberta List of Electors, which the office said could violate PIPA if proven. The Centurion Project was notified of the investigation on May 6.

The OIPC said the investigation would initially examine whether Centurion had authority to collect, use or disclose the personal information, whether it made reasonable security arrangements to protect the information and whether it had an obligation to notify affected individuals. Additional issues may be considered as circumstances evolve or evidence is received.

The OIPC also released a frequently asked questions resource on May 7 after receiving more than 180 emails and phone calls from Albertans with questions, concerns and requests related to the publication of the List of Electors. The office said some people wanted to know whether their information had been compromised, whether their name appeared on a citizen petition and whether their name could be removed.

The privacy investigation remains separate from the court ruling on consultation and Treaty rights, but both matters have added pressure to the independence petition effort.

Knowlton said any attempt to sever Alberta from Canada without proper consultation and accommodation of Treaty rights was unlawful and unconstitutional.

“Any attempt to sever Alberta from Canada without proper consultation and accommodation of our rights is unlawful and unconstitutional. Today’s judgment vindicates that position,” he said.

He also thanked Piikani Nation’s legal team, partners in the Blackfoot Confederacy and supporters following the ruling.

“We are grateful to our legal team, our partners in the Blackfoot Confederacy, and all those who supported this effort. Piikani Nation remains committed to protecting our Treaty rights through every lawful means available,” said Knowlton.

Premier Danielle Smith has said the province intends to appeal the court ruling, according to reporting from The Guardian, which quoted her calling the decision “incorrect in law and anti-democratic.”

The ruling and privacy investigation leave the future of the separation petition uncertain while First Nations leaders continue to argue that Treaty rights must be central to any discussion about Alberta’s constitutional future.