Calgary (Rajeev Sharma): Alberta’s independence debate has entered a new and more contentious phase, with First Nations across the province issuing a strong warning that any move toward provincial separation cannot override or alter constitutionally protected Treaty and Indigenous rights. Indigenous leaders have made it clear that they have not consented to any proposal that could affect their treaties, emphasizing that no referendum or provincial legislation can change their nation-to-nation agreements with the Crown.
The warning comes as Alberta prepares for a non-binding referendum on the province’s future relationship with Canada. While Premier Danielle Smith has repeatedly stated that she personally supports Alberta remaining in Canada, she has defended the right of Albertans to hold a referendum on the issue.
First Nations leaders argue that Treaties 6, 7 and 8 were signed with the Crown long before Alberta became a province in 1905. They maintain that these treaties are protected under Section 35 of Canada’s Constitution Act, 1982, and cannot be amended, diminished or extinguished without First Nations’ involvement and consent. Treaty 8 First Nations have also rejected suggestions that constitutional protections for Indigenous rights should be weakened, calling such proposals unacceptable.
The legal dispute has already had a significant impact on Alberta’s separation movement. Earlier this year, the Alberta Court of King’s Bench halted a citizen-led referendum petition after ruling that First Nations had not been adequately consulted regarding potential impacts on their treaty rights. The provincial government has challenged that ruling, while Indigenous leaders say the decision reaffirms that governments cannot sidestep their constitutional duty to consult on matters that may affect Treaty rights. Constitutional experts note that even if a majority of Albertans were to support separation in a referendum, Alberta could not unilaterally leave Canada. Any attempt at secession would require complex constitutional negotiations involving the federal government, provinces and Indigenous Peoples, whose Treaty and Aboriginal rights are constitutionally protected.
As political tensions continue to rise ahead of the expected October referendum, First Nations leaders have reiterated that the debate over Alberta’s future cannot proceed by ignoring Indigenous sovereignty and Treaty obligations. Their message remains unequivocal: Treaty rights are constitutional rights and are not subject to a provincial referendum.
