Alberta files appeal on court decision to throw out separatist referendum petition

Alberta’s government has filed its appeal of a judge’s decision to throw out a petition looking to force a vote on the province quitting Canada.

Premier Danielle Smith criticized the ruling last month, calling it “anti-democratic,” and promised to appeal.

Court of King’s Bench Justice Shaina Leonard found the referendum petition shouldn’t have been issued under provincial law and that Smith’s government neglected its duty to consult First Nations.

In the appeal filed Thursday in Edmonton court, the province says it plans to argue the judge made 14 errors in her decision.

It says issuing the petition didn’t trigger the duty to consult and the judge failed to give weight to the democratic purpose of the petition process.

Smith announced after the ruling that Albertans would vote in an Oct. 19 referendum on whether they want to remain in Canada or start the process to have a second, binding referendum on separation.

The premier cited the judge’s decision as being the reason a direct question on separation can’t be added to the ballot.