Six parties sought to intervene in a referendum proposal regarding Alberta’s independence. Five parties were First Nations groups who thought the result of the proceeding may affect their Aboriginal and Treaty Rights. The sixth proposed intervenor was a proponent of a revival referendum.

The Applicant opposed the First Nation intervenors on the basis that their rights were not affected by the referendum proposal and that the individual First Nations lacked blanket authority to represent Treaty 6 and Treaty 8. The Court held that whether the proposed intervenors were affected would have to be determined on the merits of a hearing and noted that no First Nation had come forward to oppose the Applications to intervene on behalf of Treaty 6 and Treaty 8.

Feasby J. considered Rule 2.10, which permits the Court to grant Intervenor status. Justice Feasby advised that Rule 2.10 must be read as permitting the Court the allow intervenors to file evidence where appropriate. Evidence from an intervenor in a public interest case is appropriate where it is relevant and material to the dispute, and not duplicative of evidence from other intervenors.

Justice Feasby ultimately permitted the Applications from the First Nations intervenors, holding that the case could not be decided without them. The Court noted that the intervenors would not cause delay or widen the dispute. The First Nations intervenors were encouraged, but not required, to communicate with one another to attempt to reduce any duplication of evidence. Each of the five intervenors were permitted to file Affidavit evidence of up to 50 pages with another 50 pages of Exhibits. The First Nations intervenors were also permitted to file transcript evidence pursuant to Rule 6.8.

In determining if the sixth intervenor should be permitted to intervene, the Court considered if he would have any special expertise, perspective, or information that would help resolve the Case. Ultimately, Justice Feasby denied the sixth intervenor the right to intervene on the basis that their arguments were premature.