Kinew rebukes Smith over court decision on consulting with First Nations on separatism petition

OTTAWA — Sparks flew at a western premiers’ meeting in Kananaskis, Alta., as Manitoba Premier Wab Kinew took issue with Alberta counterpart Danielle Smith’s characterization of a recent court ruling as “antidemocratic.”

Kinew said Smith was being disingenuous about Justice Shaina Leonard’s move earlier this month to throw out a separatist petition calling for a referendum on Alberta independence.

“I think we know that that is not correct. A lot of you just said there, Premier Smith,” Kinew said in a tense moment at a summit-ending press conference.

Kinew was reacting to Smith’s assertion moments earlier that Leonard “erred” by ruling that the constitutional duty to consult should apply to citizen-initiated petitions.

He said this was a fundamental misreading of the decision.

“It is not up to the petition gatherers to fulfill the duty to consult. It is up to you, as the Alberta government, to fulfill the duty to consult.

Leonard wrote in a 37-page decision that elections officials failed to adequately consult First Nations before green-lighting the petition.

Smith says she plans to appeal the decision.

Kinew said he agreed with the decision, adding it was a no-brainer that Indigenous groups should be consulted on the matter of Alberta potentially separating from Canada.

“When there’s clearly going to be an impact on well-established existing hunting and fishing rights by putting up an international border… that is going to infringe on rights. And so there is a duty to consult,” said Kinew.

Kinew said that he’d already expressed his views about the decision to Smith in private.

Smith, the summit’s host, was quick to take the high road.

“And this why we have the courts,” said Smith in response to Kinew’s objection.

This wasn’t the only shot Kinew took at Smith during the press conference.

“I’ve heard loud and clear that Indigenous people, from coast to coast to coast, are prepared to use every treaty right at our disposal to ensure that Canada does not lose (Edmonton Oilers captain) Connor McDavid,” said Kinew in an opening joke.

National Postrmohamed@postmedia.com

Our website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here.