Although some asked right away if the Mikisew Cree holding might apply and raise questions about the judge’s decision this week, the case did not deal with a legislative decision. The judge focused on the decision of Chief Electoral Officer Gordon McClure to permit a petition to gather signatures. In making that decision, McClure operated within the rules legislators had created in legislation in Alberta. While there could be some argument around the fact that the chief electoral officer is an officer of the legislature, it is also possible that his action was executive rather than legislative, and the Mikisew Cree rule did not directly apply.