EDMONTON — Justice Shaina Leonard on Wednesday threw out a petition seeking a province-wide referendum on Alberta's secession from Canada, ruling in an Edmonton court that the provincial government failed to consult First Nations. The 37-page decision found that Alberta breached its duty to consult with the Athabasca Chipewyan First Nation, Blood Tribe, Piikani Nation and Siksika Nation before advancing the petition process.

The petition was brought by Stay Free Alberta, which said it had gathered more than 300,000 signatures, a threshold the group said is enough to trigger a province-wide referendum. Leonard had paused verification of those signatures pending her decision on the legal challenge from First Nations.

"As a matter of logic and common sense, there can be no doubt that Alberta's secession from Canada will have an impact on two treaties signed in the 19th Century with First Nations peoples and the Crown," Leonard wrote. She also concluded that "Alberta breached its duty to consult with the applicants."

In Canadian law, there is a duty to consult with indigenous peoples when the government considers actions that could infringe on their aboriginal or treaty rights, and that consultation must be meaningful and done in good faith. Kevin Hille, a lawyer for the Athabasca Chipewyan First Nation, said the ruling was "a significant victory for the rule of law and the protection of constitutional rights in Alberta."

Hille said: "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." He added that an international border would destroy his clients' way of life, saying, "There's no way they'd be able to live the way of life that they've lived for the last 7,000 years."

Jeff Rath, a lawyer for Stay Free Alberta, said the group would seek to appeal and was considering asking the courts to place a stay on the order. "We disagree fundamentally with the decision which appears on its face to violate principles of natural justice and contain numerous errors of law," Rath said. He said people who signed the petition would demand that Premier Smith put the question on the ballot in October, when the province has scheduled a vote on questions around immigration and provincial powers. "I think at the end of the day this will literally become an existential question for Premier Smith and her premiership," he said.

The Alberta government told reporters it was reviewing the decision and planned to discuss the ruling with cabinet and caucus. The province also said it would appeal. The Alberta government recently amended its laws to remove a requirement for citizen-initiated referendums to be constitutional.