First Nations chiefs condemn Alberta separatism referendum, assert treaty rights protection

An emergency resolution passed Thursday by First Nations chiefs asserts that no province has legal authority to alter or extinguish treaty rights, directly challenging Alberta's planned separation referendum set for October 19.

Chiefs from Quebec and the Confederacy of Treaty No. 6 First Nations in Alberta passed the resolution, with support from the Assembly of First Nations Quebec-Labrador and the Annual General Assembly of First Nations. The statement said: "Treaty First Nations from Alberta emphasized that any proposal to separate Alberta from Canada would directly affect First Nations' rights, lands, territories, and future, and therefore cannot proceed."

Grand Chief Joey Pete of the Confederacy of Treaty No. 6 First Nations decried the referendum plan, saying the UCP government has "failed to recognize or engage First Nations as Treaty Rights holders whose rights and interests would be fundamentally affected by such constitutional change." He called the government's pursuit of the referendum "a breach of the Treaty relationship established through Treaty No. 6 and protected under the Constitution."

In May, Justice Shaina Leonard of the Alberta Court of King's Bench had quashed the decision to issue a citizen initiative petition on Alberta independence, finding the provincial government failed its constitutional "duty to consult" First Nations.

Premier Danielle Smith's spokesperson maintained Friday that the referendum does not trigger First Nations consultation, and the UCP government supports staying in Canada. The resolution formally calls upon all federal and provincial governments to uphold the honour of the Crown and implement the United Nations Declaration on the Rights of Indigenous Peoples.