Treaty 8 First Nations have penned an open letter to Alberta Premier Danielle Smith objecting her government’s separation referendum.
The letter comes after a separation petition was overturned in court in favour of First Nations last month. Justice Shaina Leonard ruled that the province had a duty to consult with First Nations under Section 35 of the Constitution before legitimizing the petition spearheaded by separatist group Stay Free Alberta.
Now, a question on separation will be posed to Albertans in a referendum on Oct. 19, despite the court ruling.
“The courts have already ruled in our favour when it comes to the referendum, and those rulings have been ignored,” said Treaty 8 First Nations Grand Chief Trevor Mercredi at a press conference Thursday.
“The goal posts have been consistently and constantly moved back to accommodate the separatists, and it’s something that we feel is very detrimental to Alberta and Canada.”
During a press conference at the annual meeting of western and northern premiers last month, Smith said the judge exaggerated the duty to consult, adding that arguments will be made in a court appeal on what the limits of duty to consult ought to be.
“The duty to consult and the proposed referendum on Alberta sovereignty have placed this province on a course towards direct constitutional conflict with Treaty 8 First Nations,” reads the open letter to Smith. “That conflict is not abstract. It is immediate, documented and already before the courts.”
Official Opposition leader Rakhi Pancholi said Section 35 of the Constitution, which recognizes treaty rights, has been litigated in the courts enough.
“The only person who is calling into question the meaning of Section 35 and the duty to consult is the Premier of Alberta,” said Pancholi at a press conference Thursday morning. “She’s trying to lobby other provinces now to reconsider Section 35 … simply because she doesn’t like the way the court applied that decision.”
A statement from the premier’s office denied that the referendum question triggers any duty to consult.
“We trust that Albertans will freely and openly debate this question and ultimately make the right decision for our province,” said the statement, adding that 700,000 Albertans have signed petitions asking for a referendum on separation.
The letter to Smith demands that her government immediately cease any attempt to proceed with a separation referendum or related process without full consultation and consent from Treaty 8 First Nations.
‘Swimming in muddy water’
Mercredi said they will be asking Ottawa to reinforce the Clarity Act which allows the Government of Canada to negotiate the secession of a province following a referendum. The act was created in response to the Quebec referendum in 1995.
“Trust is fundamentally ruined here in Alberta when it comes to First Nations in the province of Alberta,” said the grand chief. “We have been trying to address this issue of non-confidence with the UCP government and it seems as if they feel that the relationship with First Nations people is not important.
“It’s really inhibiting any type of business, reconciliation, any type of moving forward here in Alberta.”
Another chief, Allan Adam of Athabasca Chipewyan First Nation, called on Smith to resign.
“This Premier is totally lost, gone, got no credibility left. She’s swimming in muddy water, and she has no place to go. The best thing for her to do is to resign.”
Mercredi said Treaty 8 First Nations are prepared to mobilize if the province doesn’t consider their demands by stopping industry, among other tactics.
“How does Alberta expect to move forward as a sovereign (nation) when all of the resources and lands belong to the treaty people?”
The chief confirmed to media that Smith has not offered to sit down and speak with Treaty 8 First Nations.
Sturgeon Lake Cree Nation Sheldon Sunshine said the UCP has had the opportunity to put an end to what he called a “constitutional crisis.”
“There’s only one way out, and the courts are going to continue to uphold treaty as they have over the years,” said Sunshine at the press conference. “Creating that constitutional crisis, it’s not only an attack on our treaty, it’s an attack on every treaty in this country.”
The chief said they’ll be taking every means necessary against the referendum, including legal and civil disobedience.
“We’re going to do everything we can to protect our people.”
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