EDMONTON -- An Alberta judge says a bill introduced this week by Premier Danielle Smith's government is undemocratic.
Court of King's Bench Justice Colin Feasby made the comment in a decision issued Friday in Calgary.
Feasby had been hearing arguments on whether a referendum drive looking to ask if Alberta should separate from Canada is legally OK, given it may contravene the Constitution.
But Justice Minister Mickey Amery introduced a bill Thursday that would allow such petition drives to go ahead regardless of whether they violate the Constitution, while effectively ending the court review.
Feasby, in his decision, wrote that the government deciding to change the rules midstream undermines respect for democracy and the administration of justice.
"The rule of law plays a critical role with respect to the democratic process where stability of the governing legal regime enhances legitimacy and public confidence in the outcomes of elections and referendums," Feasby wrote.
"Changing legislation to circumvent a valid legal process commenced by the independent officer of the Legislative Assembly responsible for administering democratic processes is the antithesis of the stable, predictable, and ordered society that the rule of law contemplates, and democracy demands."
Feasby also said the government is showing a "cavalier disregard" for scarce court resources.
He wrote that he still issued his decision because the bill hasn't become law yet, and because Albertans deserve to understand the complex legal issues at play if the province was to quit Confederation, or at least vote to do so.
Feasby wrote that Alberta separating from Canada would contravene Treaty rights, but whether those rights mean Alberta is forever prevented from becoming its own country requires further consideration.
This report by The Canadian Press was first published Dec. 5, 2025.