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A First Nations chief wants Alberta Premier Danielle Smith to call off this fall’s referendum question on separation in the absence of formal consultation with Indigenous groups.
Trevor Mercredi, the grand chief of the Treaty 8 First Nations, said Smith’s comments shirking the province of its duty to consult have placed Alberta “on a course towards direct constitutional conflict” with Treaty 8 nations.
At a news conference on Thursday, Mercredi did not rule out civil disobedience if the province continues to ignore court rulings that uphold treaty rights and goes ahead with the question during the Oct. 19 referendum.
“We’ll take a look at all avenues,” he said.
“That means stopping industry. That means maybe going out on a highway, that maybe means doing what we need to do to to be heard on this issue of separation.
“The courts have spoken loud and clearly. However, the UCP government chooses to ignore the courts … it shows to me that they’re lawless. And if you have a lawless government, how do you expect to negotiate or work with the nations at any capacity?”
Several chiefs from Treaty 8 were with Mercredi at the news conference, which had been called to discuss an open letter they had sent to the premier.
Chief Sheldon Sunshine from Sturgeon Lake Cree Nation said the leadership supports responsible development but they will not allow the government to attack on their treaty rights.
“When it comes to the land and land rights, the misunderstanding — or the lack of understanding — from this premier is absolutely disgraceful,” he said. “We’re here to tell everybody that we’ve had enough.”
Smith’s press secretary Sam Blackett responded on Thursday by repeating the government’s position that 700,000 Albertans signed petitions asking for a referendum.
“The referendum question does not trigger any duty to consult,” he wrote. “We trust that Albertans will freely and openly debate this question and ultimately make the right decision for our province.”
The figure refers to more than 400,000 verified signatures on the pro-Confederation Forever Canadian petition, launched by former deputy premier Thomas Lukaszuk who has stated his goal is to have the petition question put before MLAs for a vote in the legislature.
The other 300,000 are unverified signatures on the pro-independence Stay Free Alberta petition.
Alberta Premier Danielle Smith has said 700,000 people in the province signed petitions indicating they want a referendum about either remaining in Canada or separating. CBC’s Fact Check team takes a look at the context behind that number.
In May, Smith proposed a referendum question concerning Alberta’s future in Canada. The multiple-choice question asks if Alberta should remain a province of Canada, or if the government should commence the legal process to hold a binding provincial referendum on separation.
“The duty to consult is not a bureaucratic inconvenience,” Mercredi said in an open letter to the premier. “It is a constitutional obligation that arises whenever the Crown contemplates action, or authorizes processes under its authority, that may adversely affect treaty rights.”
Mercredi’s letter comes after Smith said at a news conference on May 26 that Section 35 of the Canadian Constitution, a provision that affirms the treaty rights of Indigenous people, requires a second look.
Smith said the duty to consult should only apply to major projects, and questioned if it should be considered regarding citizen initiative petitions and referendum questions.
“We want to make sure that we have a very clear understanding of what the duty to consult really means and what it doesn’t mean,” Smith said at the news conference on May 26. “I think at the moment there’s a lack of clarity on that.”
Mercredi called Smith’s suggestion to amend Section 35 is “an attack on the constitutional architecture of Canada.”
He said it can allow First Nations rights to be dictated by provincial governments.
“Your suggestion that Section 35 should be amended because its judicial interpretation is inconvenient to your political objectives is not a defensible legal position,” Mercredi said in the letter.
Smith’s comments come after a May ruling from Alberta’s Court of King’s Bench quashed the approval of a citizen-initiative petition that was led by the pro-separatist group, Stay Free Alberta.
In the ruling, which Smith said she plans to appeal, Justice Shaina Leonard found Alberta’s chief electoral officer didn’t properly execute its duty to consult with First Nations and failed to consider an earlier court decision that said separation would violate Indigenous people’s treaty rights.
Mercredi said First Nations people and their leaders across treaty territories in Canada have said Alberta separation and the nation’s future cannot be determined by bypassing First Nations’ rights.
“The question is not whether treaty rights will prevail, they will,” said Mercredi. “The question is whether your government will meet its obligations honourably or continue down a course already found unlawful by the courts of this province and condemned by First Nations across the country.”
Treaty 8 territory includes parts of British Columbia, Alberta, Saskatchewan and the Northwest Territories.
