Smith says she could use notwithstanding clause on separation petition

The battle over a separatist petition is heating up again today, just 24 hours after a judge threw out the petition.Daniel Smith says she could use the notwithstanding clause to ignore the courts and push it through.It's an issue that could impact the premier's political life, according to some experts.Tyson Fedora will tackle that angle for us, but we start our team coverage tonight with Tim Brooke and Tim.The premier is feeling some pressure from all sides on this one.

Well, Tara, the separatists are mad, as you can imagine, because a judge quashed their petition.And on the other side, First Nations are mad because they still feel like their rights are at risk here.Now, Premier Danielle Smith said today she'll be reconvening her caucus next week or her cabinet next week, rather, to discuss her next steps.But then she maybe hinted at what's to come by mentioning the notwithstanding clause.It's the last day of the legislative session but the Alberta separation conversation is far from over.

We believe the decision is incorrect in law and that it's anti -democratic.

A judge is ruling that a separatist petition is invalid has the premier up in arms.That judge pointed to a lack of consultation with First Nations.

The premier says she'll appeal and if that doesn't work Section 33 allows for notwithstanding clause so that when the court makes errors in law it can always be overwritten by democratically elected legislatures.

Danielle Smith claims Indigenous consultation would have followed a yes vote.It's an argument that could be the crux of her taxpayer -funded appeal.It will be a process argument as opposed to a substantive argument.The premier said last year that you can't vote away treaty rights.Legal experts agree calling this decision the very definition of democratic as it protects the constitution.

Lots of people disagree with the courts but there's a line in my opinion that can be overstepped here.that increases polarization and attacks the independence of the judiciary.

You're going to continue to appeal and appeal and attack judges, calling them liberal judges, that they're subverting democracy until you finally get your way.When you get a sympathetic judge then we'll appeal.

And on the last day of session there's still no update on the delayed forever Canadian petition which is stuck in a committee.A vote on whether Alberta should stay in Canada wouldn't technically require a duty to consult First Nations as it wouldn't change the province's current situation.

We'll leave that committee work and the diligent work of the members there in their court and they can they can deal with it.

The separatists want the premier to call her own separation vote.The PM hopes it won't come to that.

As someone who was raised in Alberta, proud Albertan, I view that very much the best place for Alberta is in Canada.

legal experts tell me any sort of appeal here by the province would take months if not years to complete and it's entirely possible it ends up in the Supreme Court of Canada.Keep in mind here when Quebec voted on separation it never really put that duty to consult First Nations argument to rest so we could see here other provinces maybe other indigenous groups get involved to finally get some answers and some clarity on this subject.