Treaty 8 Official Logo
EDMONTON — The Sturgeon Lake Cree Nation has filed a legal challenge seeking to block a citizen led petition calling for Alberta to separate from Canada, arguing any move toward secession would violate Treaty rights and cannot proceed without First Nations consent.
In a statement of claim filed in the Alberta Court of King’s Bench, the First Nation is suing the Alberta government, the federal government and Alberta’s chief electoral officer. The claim asks the court to issue an urgent interim injunction to stop the petition while the case is heard.
The petition, backed by the Alberta Prosperity Project, asks whether Alberta should cease to be part of Canada and become an independent state. The question was approved earlier this month following changes to provincial legislation governing citizen initiatives.
Sturgeon Lake Cree Nation argues the approval violates Treaty No. 8, signed in 1899, which predates the creation of Alberta. The treaty covers large areas of northern Alberta as well as parts of British Columbia, Saskatchewan and the Northwest Territories.
The claim says Alberta has no authority to alter the treaty relationship or delegate decisions affecting treaty lands to private citizens. It argues consent from First Nations, not consultation, is required before any step toward secession can occur.
“No separation of Alberta from Canada can occur without First Nation consent. This is Treaty land. This is the law,” the First Nation said in a statement.
The lawsuit also alleges the provincial government enabled the petition by changing referendum rules through legislation passed late last year, removing a requirement for proposed questions to align with the Constitution. The claim says those changes were made despite a prior court ruling finding a similar referendum question unconstitutional.
The First Nation further argues the petition risks economic, social and legal harm and could invite foreign interference. It alleges separatist organizers have sought support from foreign governments and says Alberta failed to act to prevent those risks.
The claim also targets the federal government, alleging it failed to uphold its treaty obligations by not intervening to stop the petition process. It says Ottawa has remained silent while Alberta undermined Treaty No. 8 rights.
Alberta Justice Minister Mickey Amery’s office has said the government recognizes and honours treaty rights but declined further comment because the matter is before the courts. Elections Alberta has also declined to comment.
Opposition Leader Naheed Nenshi said his party supports the legal action and accused Premier Danielle Smith and her government of enabling separatism. In a statement, Nenshi said allowing the petition to proceed threatens treaty rights, the economy and national security.
Under Alberta’s citizen initiative rules, organizers must collect nearly 178,000 valid signatures by May 2 for the petition to advance.
Sturgeon Lake Cree Nation is seeking a court order staying the petition process, a declaration that any separation referendum requires First Nations involvement from the outset, and damages totaling $250,000. Alberta and Canada have between 20 days and one month to file statements of defence.
Comments