Alberta Premier Danielle Smith announced Thursday that the government will ask voters in a fall referendum whether the province should remain in Canada. The announcement comes after a provincial court quashed a citizen-initiated independence petition over concerns that First Nations were not properly consulted.

The scheduled October provincial referendum will ask Albertan voters if they support greater provincial control over immigration and constitutional matters. In addition to the original nine, a newly added question asks:

Should Alberta remain a province of Canada or should the Government of Alberta commence the legal process required under the Canadian Constitution to hold a binding provincial referendum on whether or not Alberta should separate from Canada?

Smith said that given the formulation of the question, the result of the referendum would not confer on the government a binding obligation to realize the province’s independence. As a result, the government does not owe a duty to consult the First Nations. She maintained that the previous court ruling does not apply to this new question in the upcoming referendum.

Additionally, Smith said in her province-wide address that she is “deeply troubled by an erroneous court decision that interfered with the democratic rights of hundreds of thousands of Albertans.” She added that Albertans’ voices deserve to be heard, even if she personally supports Alberta remaining in Canada.

Calling for a stop to the referendum, the Athabasca Chipewyan First Nations urged the provincial government to respect Treaty rights, Indigenous mobility and the rule of law. In a statement issued Thursday, Chief Allan Adam added: “The Government of Alberta cannot simply ignore the Constitution, ignore Treaty rights, and ignore the courts because it finds those obligations inconvenient. Cabinet is not above the law.”

On May 13, Justice Shaina Leonard held that the provincial government must consult the First Nations before approving the independence petition. According to her, the duty arises because a legally-binding referendum result has potential adverse effects on Aboriginal and treaty rights. Smith plans to appeal this decision.

Earlier in January, Justice Colin Feasby for the same court quashed the independence petition because it does not guarantee Albertans’ constitutional rights to the same extent as the Constitution Act, 1982. The provincial legislature removed the requirement that a referendum proposal be constitutionally compliant. Elections Alberta then allowed the independence petition to move forward despite the ruling.