FORT CHIPEWYAN — Last week’s ruling by Alberta’s Court of King’s Bench that struck down the proposed Alberta separation referendum question as unconstitutional is being welcomed by the Mikisew Cree First Nation.
The court found the question, which asked voters whether Alberta should become a sovereign country while remaining a province, contravened sections 1 to 35.1 of the Constitution Act, 1982. Justice Colin Feasby ruled the plan violated constitutional and Treaty protections and confirmed that Treaty rights are “recognized and affirmed” in Canada’s Constitution.
The decision also said Alberta cannot assume the Numbered Treaties without First Nations’ consent. The court warned that shifting provincial borders into international borders would significantly impair the exercise of Treaty rights and would contravene the Treaties.
Mikisew Cree First Nation called the ruling a clear affirmation of Treaty 8 and the constitutional framework that protects First Nations rights, lands and way of life. “The Treaties are sacred agreements between First Nations and the Crown,” the Nation said, noting they are not responsibilities that can be changed through a provincial referendum.
The Nation also pointed to the court’s concerns about Bill 14. Justice Feasby said ending the proceeding before a decision would “silence the Court” and described that approach as “antithetical to the rule of law and democracy.”
Chief Taccaro said the decision underscores a fundamental point. “Treaty 8 cannot be set aside through provincial politics. Our rights require respect, constitutional protection, and meaningful First Nations consent.”
Mikisew Cree First Nation is calling on the Alberta government to respect the ruling and the Treaty framework guiding its actions.
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