🚨A very important decision, and an important win for citizens, from the Alberta Court of Appeal today! The Court of Appeal granted a partial stay of Justice Leonard’s decision. The Court recognized the irreparable harm that would be caused by the delay. As time passes, verification becomes more difficult, public confidence in the integrity of the petition process can erode, and delaying verification causes harm to the appellant that cannot later be remedied or compensated with money. The Court found this harm was distinct from any delay in advancing the referendum itself and could not be cured after the fact. Today’s decision is also important because it helps clear the record. There has been significant public confusion arising from these court challenges and the various resulting decisions. In my view, the litigation itself, and the way much of the legacy media chose to report on it, created far more confusion and division than the citizen initiative petition ever did. One aspect of the Alberta Court of Appeal’s decision deserves particular attention. The Court clarified that the constitutionality of portions of the Citizen Initiative Act has never been decided. In other words, the respondents’ constitutional challenge remains unresolved because the chambers judge did not rule on that issue. The Court of Appeal expressly recognized that it remains outstanding and will have to be determined another day. Importantly, the constitutional question was not decided against the appellant. It remains an open legal issue for another proceeding. That distinction matters. For months, many people were left with the impression that the courts had already determined the constitutionality of the legislation or the petition. They had not. Lawyers and the legacy media have an important responsibility to help the public understand what the courts have actually decided and what they have not. Rather than feeding confusion or sensationalizing ongoing litigation, they should strive to provide clear, accurate, and balanced information. An informed public is essential to maintaining confidence in both our justice system and our democracy. Hopefully, going forward, we can all do better by informing the public with accuracy rather than adding to confusion.