Alberta Insider: First Nation taking province to court over sovereignty act

Globe and Mail

16-05-2025

Good morning, everyone.
Alberta has a deadline: June 6.
That's the date by which the Onion Lake Cree Nation expects the province to have produced a statement of defence in a lawsuit the First Nation has filed against the government over its sovereignty act.
Initially filed in December, 2022, the First Nation claims Premier Danielle Smith's Alberta Sovereignty within a United Canada Act violates the constitutionally recognized treaty rights of its members and has asked the court to strike it down.
At a news conference Thursday, Onion Lake's lawyer, Robert Hladun, said the suit had been put on pause in the hopes the government would address the community's concerns. But Onion Lake Chief Henry Lewis said they are now advancing the case.
'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,' Lewis said at the news conference.
Last month, the government introduced Bill 54, which, among other reforms to electoral processes, would make it easier to hold citizen-led referendums – a plan seized on by groups in favour of Alberta separating from Canada.
Onion Lake's suit is another step by First Nations across Canada to stifle growing calls for a referendum on Alberta's separation. Indigenous groups argue their rights, enshrined in treaties, predate the formation of Alberta and Saskatchewan.
The Alberta government did make last-minute changes to the proposed legislation Wednesday, saying a referendum question could not threaten First Nations' treaty rights.
Justice Minister Mickey Amery said his government had heard concerns from First Nations, which prompted the change.
'We are listening,' he said.
Several Alberta First Nations groups and opponents of Smith's seemingly cavalier approach to sovereignty rallied in protest at the Alberta Legislature Thursday.
Talk of separation has been brewing in the province for months, with momentum apparently growing in some corners. Smith has done little to quash it, saying only that she will respect the decision of the people of Alberta.
But as The Globe and Mail's Robyn Urback said in her column this week, the Premier 'keeps legitimizing its discussion, creating a platform for its serious consideration, and facilitating the conditions for a referendum vote.'
Former premier Jason Kenney said this week that talk of separation is 'playing with fire.'
'People who follow Alberta closely in investment circles are paying attention,' he said, and what they are seeing is 'a blinking light of uncertainty, which they hate.'
'This is playing with fire. And if Albertans doubt that, look at a real historical example of what happened in Quebec's economy as a result of merely the election of a PQ government,' he said, including the billions of investment dollars that fled the province in the face of instability.
If there is one thing that may make Albertans stand up and take notice, it's talk of the economic turmoil that could come with separation.
'There's no happy ending to that for Alberta's economy,' Kenney said of a potential referendum vote.
This is the weekly Alberta newsletter written by Alberta bureau chief Mark Iype. If you're reading this on the web, or it was forwarded to you from someone else, you can sign up for it and all Globe newsletters here.