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Sturgeon Lake Cree Nation (SLCN) is suing the Alberta government over its actions that it says allowed the Alberta Prosperity Project to start collecting signatures in support of a referendum on the province separating from Canada.
The APP’s question — “Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?” — was approved by chief electoral officer Gordon McClure before Christmas.
In a statement of claim filed on Monday, the SLCN says it plans to ask the Court of King’s Bench of Alberta to issue an “urgent” interim injunction against the petition.
The First Nation, which is located in northern Alberta, wants the court to declare that the petition violates Treaty 8, an agreement between First Nations and the government of Canada which predates the creation of the province of Alberta. The statement of claim says Alberta has no right to change the treaty relationship with the federal government.
“Alberta has treated SLCN as though they are chattel on the land, merely an afterthought in forced negotiations, not the first step in any potential secession,” the statement of claim says.
“This is contrary to law: Alberta’s secession cannot happen without First Nation consent to change a party to Treaty No. 8. 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.”
SLCN Chief Sheldon Sunshine said the provincial government’s push to pass Bill 14 in the final days of the legislature’s fall sitting prompted the First Nation to take action. The bill removed the requirement for a referendum question to align with the Constitution.
“Bill 14 really crossed the line,” Sunshine said on Monday. “To us, it seems like [the province is] making accommodations for a small group of people.”
Sunshine said it isn’t clear what benefit would come from Alberta leaving Canada.
“People have this pipedream where it’s going to be so much better, more freedom, less taxes,” he said. “I don’t agree.”
APP CEO talks about group’s intentions
Mitch Sylvestre, the proponent of the petition and CEO of the APP, said his group isn’t trying to hurt Indigenous people.
He said First Nations could stay in Canada if a referendum vote went in favour of an independent Alberta.
“Our intention is, at worst, that the status quo can stay for them if that’s what they want,” Sylvestre said.
He said First Nations could also choose to negotiate a better deal with an independent Alberta.
Sylvestre and his volunteers have until May 2 to collect the nearly 178,000 signatures required for the petition to be successful.
Heather Jenkins, press secretary for Alberta Justice Minister Mickey Amery, sent a statement to Radio Canada in response to a request for comment about the statement of claim.
“Alberta’s government recognizes and honours Treaty rights as recognized by section 35 of the Constitution Act, 1982,” she wrote.
“As this matter is before the courts, Alberta’s government does not have any specific comment on this lawsuit.”
The question on the current petition is the second proposed by APP. McClure referred the first question to the courts for a ruling on its constitutionality.
In a ruling issued in early December, Justice Colin Feasby of the Court of King’s Bench of Alberta found the question was unconstitutional.
However, his ruling was rendered moot after the legislature passed Bill 14 several days later.
The SLCN is also suing the federal government and McClure, in his role as chief electoral officer of Alberta.
The First Nation alleges the government of Canada abdicated its treaty obligations by not doing anything to stop the petition from going forward.
A spokesperson for McClure declined comment as the matter was before the courts. CBC News has asked the office of federal attorney general Sean Fraser for reaction to the SLCN lawsuit.