First Nations challenge approval of separatist petition in court again

By Jeremy Appel, Local Journalism Initiative Reporter 

(ANNews) – Multiple First Nations are challenging Alberta’s UCP government in court for changing the law to enable an independence referendum that has been ruled unconstitutional by the Court of King’s Bench to proceed. 

Chiefs from Sturgeon Lake Cree Nation in Treaty 8 and the Blackfoot Confederacy are leading litigation against the government. 

They held a Jan. 29 press conference with other First Nations leaders in attendance to show their support.

“There’s serious matters here that have to be addressed,” said Treaty 8 First Nations of Alberta Grand Chief Trevor Mercredi. 

“Alberta does not have jurisdiction over our lands. Our lands must be respected. Our chiefs and council have stated time and time again that separation will not happen here in Alberta. What we’re seeing here in Alberta is disregard to our Treaties.”

Treaties 6, 7 and 8, all of which were signed with the Crown between 1875 and 1899, predate the existence of Alberta, which joined Confederation in 1905. 

Mercredi added that he hopes the legal challenges against the separatist petition will “slow down the process to bring more understanding to the people here in Alberta.” 

Over the summer, chief electoral officer Gordon McClure referred a referendum on Alberta becoming a “sovereign country” proposed by the Alberta Prosperity Project (APP) to the Court of King’s Bench to determine if it was constitutional. 

In December, Justice Minister Mickey Amery introduced Bill 14, which gave himself the authority to approve or deny petitions for a referendum, rather than the chief electoral officer.

Less than a day later, Justice Colin Feasby of the Court of King’s Bench ruled that a referendum on Alberta independence would be an unconstitutional violation of Treaty rights. 

But with Bill 14 in effect, McClure approved a petition from a new organization with the same leaders as the APP, Stay Free Alberta, with a slightly reworded question that refers to Alberta becoming an “independent state.”

Piikani Nation, Siksika Nation and the Blood Tribe filed an application for judicial review in court on Jan. 21. 

They argue that Bill 14 is itself unconstitutional, since it removes judicial oversight from the referendum process and permits constitutional questions to proceed.

They’re asking for an interim injunction against the petition’s signature collection. 

On Jan. 5, Sturgeon Lake Cree Nation filed a lawsuit against the UCP government, the elections commissioner and federal government, arguing that they are violating First Nations’ constitutional rights by permitting the referendum petition to proceed. 

“Consent, not consultation, is required before the question of secession is delegated from a party to the Treaty to the individuals who have come to inhabit Alberta,” reads the statement of claim. 

At the Jan. 29 news conference, Confederacy of Treaty 6 First Nations Grand Chief Joey Pete said that the spectre of separatism has created a threatening atmosphere for First Nations people in Alberta. 

“It’s definitely a scary time, but at the same time, we’re here to assert our jurisdiction,” said Grand Chief Pete. “Alberta sovereignty is an illusion. Without Treaty, Alberta as we know it would even exist.”

He challenged Premier Danielle Smith to “show us the title and the proof that you own the land before you impose any more legislation upon the people in Alberta and the people of the Treaty territory.” 

Mikisew Cree Nation Chief Billy-Joe Tuccaro noted the real problems facing Alberta, from elevated rates of certain cancers in Fort Chipewyan to homelessness in Edmonton. 

“Before you start to entertain wanting separation, maybe you should take a look in your backyard and fix what’s broken here,” said Tuccaro.

He noted APP CEO Mitch Sylvestre’s remark at a January 2026 town hall in Didsbury that “we don’t have to apologize for this room being filled with white people.”

“This used to be what Alberta was,” said Sylvestere. “We’re not apologizing for being ourselves.”

“Today as First Nations people,” responded Tuccaro, “we’re not apologizing for being ourselves. This is unceded Treaty territory.”

Chief Allan Adam of Athabasca Chipewyan First Nation had the harshest words for the premier, whom he called upon to resign “immediately.” 

“Premier Smith and the UCP cabinet, I hope you have your bags packed, because when this referendum is defeated, I will gladly walk you to the border,” said Adam. 

Piikani Nation Chief Troy Knowlton, who serves as president of the Blackfoot Confederacy, called separatism a “political fantasy.” 

“Today, we stand united in a common goal that’s to protect our land, our rights, our jurisdiction, against another invading people,” Knowlton said. 

The First Nations gathered in Edmonton weren’t only representing themselves, he emphasized, but “all those who are looking for an alternative” to a vocal separatist minority. 

“We’re that alternative,” said Knowlton.