Alberta judge tosses out petition for province to separate from Canada

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 land 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.

Justice Leonard issued two decisions, finding in one that the government failed to consult with Athabasca Chipewyan First Nation, Blood Tribe, Piikani Nation, and Siksika Nation, the CBC reported.

Jeff Rath, a lawyer representing Stay Free Alberta, said in a statement to the BBC: "We disagree fundamentally with the decision which appears on its face to violate principles of natural justice and contain numerous errors of law.

"We have been instructed to prepare and file the appropriate appellate documents."

A lawyer for the First Nations praised the judge's ruling as "a significant victory for the rule of law and the protection of constitutional rights in Alberta".

"Justice Leonard's decision today makes it clear that it was unlawful to turn away from the findings about the impacts on First Nations and to not consult with them before taking this perilous step of holding a referendum," said Kevin Hille.

Anger with Ottawa has been longstanding in the western province, in particular over development of its natural resources, with some Albertans believing that federal government, especially under the Liberals, has stood in the way of the province's oil and gas industry in favour of pro-climate legislation.

There is a belief that the province, with its vast resouce wealth, also contributes more to the country than it receives, and that the rest of the country often ignores western provinces or don't have their best interest in mind.

Cultural and political differences have further fulled the divide.

Now, once previously on the political fringes, the possibility of a unity crisis has become increasingly likely in the last year.

While the separatist movement in Alberta doesn't have one unified view, most want to see, at a minimum, more autonomy over the province's resource wealth and political priorities.