The Chiefs of the Treaty 8 First Nations in Alberta are raising serious concerns regarding Premier Danielle Smith and the Government of Alberta’s continued efforts to advance separation-related initiatives without meaningful consultation with Treaty First Nations.
Recent court decisions have reinforced that Alberta cannot unilaterally pursue actions impacting the constitutional framework of Canada, Treaty rights, or the Treaty relationship without fulfilling its obligations to consult and engage First Nations.
The Chiefs of Treaty No. 8 emphasize that recent legal interventions by Treaty Nations have already helped prevent what could have become a constitutional crisis, forced Alberta to acknowledge that consultation with First Nations is required, and reinforced that the Treaties and the Treaty relationship with the Crown are constitutionally protected from unilateral action by Alberta.
“These are important legal and constitutional victories, but the fight is far from over,” said Grand Chief Trevor Mercredi. “Treaty Nations are not idle on this issue. We will continue to defend the Constitution, uphold the Treaty relationship, and ensure our rights, lands, and jurisdictions are respected.”
Treaty 8 First Nations are particularly concerned that Alberta’s current approach appears focused on working around First Nations rather than working with First Nations. Both the proposed referendum process and Alberta’s appeal of the recent ACFN decision continue to raise serious concerns regarding the province’s willingness to uphold its constitutional obligations and respect Treaty rights.
“Treaty No. 8 was entered into with the Crown long before Alberta became a province,” said the Grand Chief. “These sacred agreements cannot simply be ignored or politically worked around.”
Treaty 8 First Nations are urging Premier Danielle Smith and the Government of Alberta to immediately pause any further separation-related or referendum-related processes until meaningful consultation and engagement with Treaty First Nations occurs.
Treaty 8 First Nations will also be formally writing to the Prime Minister requesting that Alberta’s proposed referendum question be reviewed by Parliament in accordance with the requirements of the Clarity Act. What the Premier has called is not just an Alberta question but is a question for all Canadians.
The Chiefs of Treaty 8 will be holding a media scrum next week to publicly address these concerns and reaffirm that Treaty Nations will continue to stand in defence of the Treaty relationship and Canada’s constitutional framework. Further details regarding the media scrum will be released shortly.