The Treaty 8 First Nations in Alberta have issued a formal demand to Premier Danielle Smith, asking the province to terminate any steps towards a separation referendum without engaging in full consultation with Indigenous groups. This move follows the characterization of Section 35 of the Canadian Constitution by Smith as a “legal uncertainty,” a description that was strongly repudiated by Grand Chief Trevor Mercredi of Treaty 8. He emphasized that Section 35, which recognizes and affirms Aboriginal and Treaty rights, is a constitutional guarantee supported by the Supreme Court of Canada. These rights cannot be seen as policy tools open to reinterpretation by provincial governments.
Section 35 explicitly confirms the rights of Indigenous groups, comprising “Indian, Inuit, and Métis peoples of Canada.” Moreover, the scope of these rights includes land claims agreements. Mercredi highlighted that attempts to alter or undermine Section 35 would be perceived as direct threats to Treaty 8 peoples. The insistence on consulting First Nations is a constitutionally enshrined duty whenever potential adverse effects on treaty rights are considered. Such a requirement is not merely administrative but foundational, especially when something as significant as placing an international border through Treaty 8 territory is proposed.
Mercredi asserted that the duty to consult is not merely advanced by one or two First Nations but is a legal necessity recognized by courts and endorsed by other leaders nationwide. Opposition to Smith’s approach is widespread among First Nations leaders, who assert their role as treaty partners and co-founders of both Canada and Alberta. They emphasize that any decisions on the nation’s future must include Indigenous voices, going beyond treating them as mere stakeholders.
The conflict emerged when a petition for Alberta’s independence was recently invalidated by the Court of King’s Bench for failing to uphold the duty to consult First Nations. Despite this judicial rebuke, Smith has signaled her intent to continue pursuing a referendum on separation, an act condemned by various parties, including Manitoba Premier Wab Kinew. This insistence on proceeding may raise Rule of Law concerns since ignoring court decisions to move forward with a referendum defies legal norms.
Treaty 8, signed in 1899, is the largest landmass treaty in Canada, spanning northern Alberta, northwest Saskatchewan, and parts of the Northwest Territories and British Columbia. The ongoing dispute reiterates the necessity of honourable adherence to constitutional obligations, reiterating that treaty rights are not in question, and that the government’s conduct in meeting these obligations is under scrutiny. For further details, the full context can be explored in the initial report.