A judge has decided to proceed with a review of a proposed referendum question regarding Alberta's separation from Canada. Court of King's Bench Justice Colin Feasby stated that the review is essential for democracy. "The citizens of Alberta deserve to have these arguments made properly and heard in full. Democracy demands nothing less," Feasby said in his ruling on Thursday.

The proposed question, submitted by the Alberta Prosperity Project, asks voters if they agree that Alberta should become a sovereign country and cease to be a province in Canada. Alberta's chief electoral officer, Gordon McClure, referred the question to the court last month to determine its constitutionality, including its compliance with treaty rights.

The Alberta Prosperity Project sought to quash the court referral, arguing that it was premature and an affront to democracy. However, Justice Feasby rejected these claims, emphasizing that the referral process is necessary to ensure that unconstitutional questions are not presented to voters. "The referral to the court may result in delay, but it reinforces the legitimacy of the referendum process," he stated.

Lawyers for Alberta's Justice Minister Mickey Amery and the chief electoral officer did not take a position on the application to quash the referral. However, both Amery and Premier Danielle Smith have criticized McClure's decision to refer the question to the court, asserting that it should have been approved without judicial scrutiny.

Feasby noted that McClure was following best practices observed in other jurisdictions. He also mentioned that the chief electoral officer's independence is crucial and that taking a stance on the question could be perceived as partisan.

Jeffrey Rath, the lawyer representing the Alberta Prosperity Project, expressed confidence that the proposed question would withstand the upcoming review. "We're looking forward to getting this process forward and having Albertans finally have their say on whether or not Alberta should remain part of Canada," Rath said.

The judge has scheduled three days for the hearing in November. He indicated that some interveners would be allowed to participate, with a focus on ensuring a representative group presents important issues for consideration. The Athabasca Chipewyan First Nation has also expressed interest in being heard during the proceedings.

If the proposed question is approved, the Alberta Prosperity Project would need to gather 177,000 signatures within four months to place it on the ballot. A competing question, which asks if Alberta should declare a policy to never separate from Canada, was approved by McClure in June. This competing proposal, led by former Progressive Conservative deputy premier Thomas Lukaszuk, requires nearly 300,000 signatures in 90 days to qualify for a ballot.

Lukaszuk, who is also seeking to intervene in the review, stated that the judge's decision to continue with the review is a victory for democracy and for the independence of Elections Alberta. The next hearing is set for the week of November 15, with a ruling expected before the end of 2025.