Treaty 8 chiefs warn independence vote could result in ‘civil disobedience’

By Jeremy Appel, Local Journalism Initiative Reporter 

(ANNews) – Treaty 8 First Nations of Alberta’s grand chief has written an open letter to Premier Danielle Smith calling on her to cancel October’s referendum on whether to pursue a future independence referendum. 

“We state this plainly so that there can be no misunderstanding: there is no lawful path by which Alberta can pursue separation from Canada while bypassing the rights, consent, and constitutional status of Treaty 8 First Nations,” wrote Grand Chief Trevor Mercredi in the June 3 correspondence.

“That consent has not been sought. It has not been given. Nor will it be given under duress or through any process designed to circumvent our constitutional rights.”

On Oct. 19, Albertans will be asked: “Should Alberta remain a province of Canada or should the Government of Alberta commence the legal process required under the Canadian Constitution to hold a binding provincial referendum on whether or not Alberta should separate from Canada?”

At a June 4 news conference, Mercredi warned Alberta Premier Danielle Smith that there would be consequences for continuing with the referendum in the absence of consulting with First Nations. 

“When we say that we’ll take a look at all avenues, that means everything,” he said. “That means stopping industry, that means maybe going out on the highways, that means doing what we need to do to be heard on this issue of separation.”

Mercredi added that this could mean “civil disobedience, but is our last resort.” 

“It’s up to the governments. Do they choose to hear us? Do they want to push us aside? Do they think that our rights don’t matter? Do they think the Treaty is a myth?” he said. 

“There is no path to reconciliation here in Alberta when it comes to the UCP.”

According to Mercredi, Smith “hasn’t offered to sit down with Treaty 8 First Nations of Alberta.” 

Some Treaty 8 chiefs have met with Indigenous Relations Minister Rajan Sawhney, who is attempting to secure Indigenous support for a new bitumen pipeline to the B.C. coast. 

“For the Indigenous relations minister of Alberta to be consulting on behalf of the province when it comes to a pipeline project because they’re a proponent, it cloudies up the waters of what her job really is,” Mercredi said. 

Chief Allan Adam of Athabasca Chipewyan First Nation (ACFN), who joined Mercredi at the news conference, re-iterated his previous call for the premier to resign. 

“This premier is totally lost, gone, got no credibility left. She’s swimming in muddy water, and she has no place to go,” said Adam. 

Grand Chief Mercredi indicated that he intends on writing a letter to Prime Minister Mark Carney, asking him to initiate debate in the House of Commons on the quasi-independence referendum, as required under the 2000 Clarity Act. 

Carney has previously stated that the Clarity Act doesn’t apply in this case, because it’s “not a binding referendum.”

The act requires the House of Commons to determine whether any secession referendum would reflect the clear will of a clear majority. 

Separatist organization Stay Free Alberta gathered signatures for a citizen-initiated referendum asking directly if Alberta should become an “independent state.” 

ACFN, Sturgeon Lake Cree Nation (SLCN) and the Blackfoot Confederacy challenged the petition in court, arguing it should have never been approved without consulting First Nations in Alberta. 

Justice Shaina Leonard of the Court of King’s Bench in Edmonton agreed that the government had a duty to consult with First Nations prior to approving a petition that could set in motion a process that would impact the Treaties, concluding that the petition “must be quashed.” 

Premier Smith has pledged to join Stay Free Alberta’s appeal of Leonard’s “troubling ruling.”

She announced the indirect question as “another way to hear from Albertans while we wait for our legal appeal to be heard.”

“It’s a non-binding referendum to have a referendum. It makes absolutely no sense,” said Mercredi. 

Smith has also mused about gauging other premiers’ support to re-open the Constitution to amend section 35, which enshrines the rights of First Nations, Metis and Inuit peoples, which she argued “was never intended to remain open-ended or to be redefined by the courts in a way that creates new and expanding rights with each new decision.”

. “We reject that characterization entirely and call on you to retract it without qualification,” wrote Mercredi in his letter to the premier.

“Your suggestion that Section 35 should be amended because its judicial interpretation is inconvenient to your political objectives is not a defensible legal position. It is an attack on the constitutional architecture of Canada and signals an intention to subordinate the rights of First Nations to the preferences of a provincial government.”

At the press conference, Mercredi said Smith’s “talk about opening up the Constitution to remove our rights is a human right issue.”

“The lack of understanding from this premier is absolutely disgraceful,” said Chief Sheldon Sunshine of SLCN, who also spoke. 

“We’re here to tell everybody that we’ve had enough and when we’re talking about every means necessary, we mean every means necessary – legal, civil disobedience, you name it.”