Alberta separatism threats spur First Nation to revive lawsuit against Sovereignty Act
The lawsuit was originally filed with the Court of King's Bench less than two weeks after the Alberta Sovereignty Within a United Canada Act was passed in December 2022, but was on hold until Wednesday, say Onion Lake Cree Nation lawyers.
"Our decision to advance our litigation on the Alberta Sovereignty Act is in direct response to the ongoing separatist talks happening," said Onion Lake Cree Nation Chief Henry Lewis at a news conference in Edmonton Thursday.
"Our message to Premier Smith is that these are treaty lands. They are not yours to take, and we're prepared to go to court to defend our constitutionally protected rights under treaty."
The lawsuit claims the Sovereignty Act undermines and infringes upon Onion Lake Cree Nation's constitutional treaty rights, and seeks temporary and permanent injunctions that the act can not be held against the First Nation or its people.
The First Nation said the law and several bills currently in the legislature fuel Alberta separatism, among them Bill 54 which would make it easier for citizens to initiate referendums on issues including separation from Canada.
"Premier Smith's Sovereignty Act combined with many of the significant changes with two other laws sends a clear signal that her government is willing to manipulate laws, intimidate First Nations and control public opinion to push the separatist agenda," said Lewis.
"The Sovereignty Act has always been about undermining federal authority and asserting provincial control. This goes against our treaty relationship with the Crown."
The Alberta premier's office did not respond to a request for comment by time of publishing.
Bill 54, the Election Statutes Amendment Act, has sparked resistance from many Indigenous leaders in the province since it was tabled two weeks ago.
The bill would reduce the number of signatures required to trigger a referendum and extend the signature collection period to 90 days from 60.
On Wednesday, the province made changes to Bill 54, adding a clause that no separation referendum question could threaten the existing treaty rights of Indigenous people in Alberta.
Lewis said it's something he's heard before during his years of negotiating agreements with governments.
"That clause is always entered, but guess what? They don't honour it," Lewis said.
"Pure and simple, it's nothing…. It doesn't mean nothing to me."
Lawyers for Onion Lake Cree Nation said the province has until June 6 to file a statement of defence against their lawsuit.
The First Nation launched a similar lawsuit against Saskatchewan in April 2023, arguing the province's Saskatchewan First Act also violates treaty rights.
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