Treaty 6 First Nations battle Alberta referendum over separation threat to treaty rights

Treaty 6 First Nations are mobilizing to block Alberta's separation referendum, warning that independence would sever their treaty rights and the federal funding that underpins their health, education, and land-use protections.

The Confederacy of Treaty 6 First Nations marked the 150th anniversary of the 1876 treaty this month, but the broader conversation around the October 19 separation referendum has cast a shadow over celebrations. Grand Chief Joey Pete said his ancestors signed the treaty specifically because "they knew these things were going to happen."

"When it comes to this whole separatist regime, we're going to be discussing amongst [First Nations] how we can get our people to vote, to rock the vote," Pete said. He emphasized that the treaty was never about ceding land to Alberta — it was a sharing agreement with the Crown, and Alberta merely represents the Crown in that relationship.

The treaty guarantees First Nations rights to health services, education, and the ability to hunt and live off the land. Janice Makokis, an assistant professor in the faculty of law at the University of Windsor who is from Saddle Lake Cree Nation, said those rights are directly tied to federal funding. "Canada has the legal fiduciary obligation to First Nations around acting in [their] best interests," she said. "Leaving Alberta would directly impact that because our education funding, as well as funding related to health, is directly tied to the federal government."

First Nations have been battling the province in court for months, arguing it failed to fulfil its duty to consult with them when it approved the separatist petition and that the question itself threatens their treaty rights. Justice Shaina Leonard quashed the approval of the separatist petition after finding errors in the chief electoral officer's handling of the second citizen's initiative.

The province has appealed the judge's decision, saying it didn't trigger the duty to consult and that the judge failed to give weight to the democratic purpose of the petition process. Premier Danielle Smith previously called the judge's decision "anti-democratic."

Pete said First Nations will continue the fight. "We're ready and we will stand tall. We'll continue to fight against the provincial government because what they do isn't our laws."