Treaty Rights First! Alberta Needs First Nations’ Free, Prior, And Informed Consent To Separate

by Kinnukana, Local Journalism Initiative Reporter

(ANNews) – For several years now, the Alberta government has voiced dissatisfaction with a number of federal policies on things like energy, taxation and equalization payments and believes that its economic contributions are not matched by federal support. The Alberta government is asking for more control from the federal government. These ongoing concerns have led some Albertans to begin a petition calling on Alberta to separate from Canada. Treaty First Nations’ (First Nations) have stated that decisions about separation cannot be made without consultation and agreement with them on this matter. However, the Alberta government has been responding to the call and making legislation more responsive to allow a referendum on this issue. The Alberta government cannot unilaterally make this decision on their own and must address Indigenous rights and Treaty obligations based on legal, constitutional, and historical facts.

In May 2025, Premier Danielle Smith introduced Bill 54, which lowers the threshold for initiating a referendum and now a citizen-led petition only requires signatures from ten percent of eligible votes within a hundred and twenty days, down from the previous twenty per cent requirement. Premier Smith has stated that if there is sufficient public support for separation, a referendum could be held in 2026. Some activists have also proposed that Alberta join the United States of America as its 51st state, while others say this is ridiculous. Critics also argue that a separation from Canada risks economic and political instability in Alberta. This issue is causing a strong divide in the relationship between Alberta and First Nations, not just in the Province but across the country.

It is important to understand and recognize the rights of First Nations who have inhabited this country long before Canada and Alberta were established. These right are laid out in legislation and legal decisions that already define why Alberta cannot unilaterally separate. The Royal Proclamation of 1763 establishes Indigenous land rights. This proclamation was issued by King George III after the Seven Years’ War. It recognized Indigenous land rights and set out that only the Crown could buy land from Indigenous Nations through formal Treaties. This document was later affirmed in court decisions.

One hundred years later, in 1867, the British North America Act (Constitution Act, 1867) created the Dominion of Canada and Indigenous affairs was placed under federal jurisdiction. In 1870, Britain transferred Rupert’s Land to Canada, which included what would become Alberta. Between 1876-1899, Treaty 6 (1876), Treaty 7 (1877), and Treaty 8 (1899) signed formal agreements with the Crown, not the provinces. These agreements cover Alberta, parts of British Columbia, Saskatchewan, and the Northwest Territories. The First Nations title to land was not extinguished.

The Treaties in Canada were intended to share the land and ensure peaceful co-existence. However, these Treaties were negotiated in bad faith, with the Crown making promises—such as the provision of education, healthcare, and support that have not been fully honored. Many First Nations leaders entered these agreements with the understanding that they were entering into a partnership based on mutual respect, but the Canadian government frequently failed to uphold its side. Colonization further deepened these injustices, bringing forced displacement, residential schools, and the erosion of languages, cultures, and traditional ways of life. The impacts of these actions are still felt today, as First Nations communities continue to fight for the recognition of their rights, proper implementation of Treaty promises, and meaningful reconciliation.

When Alberta joined Confederation in 1905, First Nations were not consulted and Treaty obligations remained with the Crown. Alberta did not inherit Treaty authority. Any attempt by Alberta to separate would directly violate these Treaty relationships and the sovereignty of First Nations. Alberta has no authority over these Treaties, and First Nations are not bound by any Alberta referendum. In fact, First Nations leaders across Alberta have consistently affirmed that Treaty Peoples never surrendered sovereignty, and that no Alberta government has the right to act on their behalf in separation talks.

There are other constitutional principles and precedent rulings that come into play. The Constitution Act was established in 1982 and section 35 recognizes and affirms existing Aboriginal and Treaty rights. The Constitution Act outlines the structure of government and the rights of provinces. Section 91 and 92 divide powers between federal and provincial governments, but there is no constitutional mechanism for a province to separate. In 1998, there was a ruling regarding Quebec entitled The Reference re Secession of Quebec (Supreme Court of Canada) which ruled that a province cannot unilaterally separate from Canada, even with a clear referendum result. A province would be required to enter negotiations with the federal government and separation would require a constitutional amendment, which involves not just Parliament but also all the other provinces. In short, Alberta cannot simply vote itself out of Canada.

Also, the 2007, United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) recognizes Indigenous Peoples’ rights to self-determination and to their lands, territories, and resources. Canada fully endorsed UNDRIP in 2016 and passed the 2021 UNDRIP Act which requires all federal laws to align with UNDRIP. This is now considered an International standard. Alberta’s Action on UNDRIP states publicly that “We continue to work together [with First Nations] to ensure: Indigenous constitutional rights and First Nations Treaty rights are respected.” Action on UN Declaration on the Rights of Indigenous Peoples | Alberta.ca

Even if Alberta held a referendum and the majority voted to separate, the province does not have the legal authority to unilaterally leave Canada. If Alberta continues to pursue separation, the process will have to include meaningful, nation-to-nation negotiations with First Nations whose inherent and Treaty rights are constitutionally protected. Without free, prior, and informed consent from First Nations, any separation effort would be unlawful under both Canadian law and international frameworks. While frustration with the federal government is real and valid for many Albertans, the notion that Alberta can unilaterally separate from Canada is not only unconstitutional but also ignores the fundamental legal and moral obligations Canada and its provinces owe to First Nations. Alberta cannot go it alone.