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EDMONTON — An Edmonton lawyer is calling on Elections Alberta to close a loophole allowing Premier Danielle Smith’s government to advertise in favour of her fall referendum on sweeping immigration reform.
Provincial law prohibits the government from advertising or publishing information related to a referendum if the vote is taking place alongside a general or municipal election.
The ban, the law says, specifically targets information that would have a “specific and disproportionate impact on voters.”
Legislation passed last year saw the same rules be removed for stand-alone referendums, like the one Smith’s government has called for October.
Lawyer Avnish Nanda says it’s an unfair loophole that’s letting the government share one-sided information in order to a secure a mandate for proposals he’s worried will demonize immigrants.
Nanda over the weekend filed a complaint with Elections Alberta, calling on the agency to enforce the same advertising prohibition leading up to the vote.
“It has the ability to step up and do something here, and I hope it does because it’s an independent, non-partisan body,” Nanda said in an interview Tuesday.
“Albertans put a lot of faith in it to ensure that our votes are fair and we have a government here committed to undoing the laws that make these kind of referendums fair and actually reflective of the views of Albertans.”
A spokesperson for Elections Alberta said the agency is legally prohibited from commenting on complaints it may or may not be reviewing.
It comes after Smith unveiled a new website for the referendum last week, saying it was where Albertans could go to learn what their vote would mean.
At least nine questions will be on the fall ballot, including proposals to charge non-permanent residents a “reasonable fee” for health care and education and instituting a one-year residency requirement for eligibility for some other social programs, such as student aid.
Another question is should the province create its own “Alberta-approved immigration status” to differentiate newcomers it believes should be eligible for regular access to services.
Smith said last week that she wasn’t going to shy away from campaigning for a yes-vote, saying it’s the policy direction her government wants to take but is seeking a mandate for in advance.
“I think people need to understand that guest workers are costing more than they’re generating in revenue. And we want to be able to balance that,” Smith said.
The government’s website lists the questions and features short videos explaining the proposals alongside some written explanations.
For example, the website says providing health care, education and social services for temporary workers and their family members costs the province about $1 billion per year.
Nanda, who is helping lead an advocacy organization that’s campaigning for a no-vote, says what’s missing is any explanation of the economic benefits temporary workers create and how they help address key labour shortages, especially in rural areas.
“They’re giving a skewed perspective of the economic impacts of migration to this province and that’s by design to … in our view, rig the election, to give an unfair representation of what is at stake,” he said.
Nanda added that Albertans also aren’t being told the risks of making the province harder to settle in and how doing so could stagnate the economy.
“Our population, as it is, cannot support the jobs that are required to keep assisting our growth,” he said.
“Why would (workers) pick up from their current lives to move to Alberta, to a place that’s going to charge them more, make it harder for them to put down their roots and engage in these sorts of political stunts to stigmatize them?”
Asked to respond to Nanda’s concerns, Justice Minister Mickey Amery’s office reiterated that the website is meant to give Albertans the information they need to vote.
Smith last week gave additional details about provincial finances, saying that despite spending about $1 billion on services Alberta only brings in about $150 million in tax revenue from temporary workers.
“That’s not how it’s supposed to work,” she said.
“You shouldn’t be coming to Canada expecting that you’re going to be able to take more taxpayer-funded supports than you’re generating in revenue.”
Other than the immigration questions, Smith’s government is also looking to establish support for some constitutional changes through four additional ballot questions. This includes whether there’s support for abolishing the Senate and having Alberta gain control over the appointment of provincial court judges.
This report by The Canadian Press was first published April 28, 2026.
Jack Farrell, The Canadian Press
