Indigenous groups in Alberta file lawsuit over possible separatism referendum

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An Alberta Indigenous group has stepped up its efforts to challenge the province’s Sovereignty Act in court, saying its move is a response to separatist rhetoric which violates treaty rights.

Chief Henry Lewis of the Onion Lake Cree Nation, which straddles the Alberta-Saskatchewan border, said at a Thursday news conference its lawsuit against the act had been on pause since the original statement of claim was filed more than two years ago.

But he said his First Nation is now advancing the case and the reinvigorated suit has given the province a June 6 deadline to produce a statement of defence.

“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,” Mr. Lewis said Thursday.

The Sovereignty Act gives the province the power to shirk laws and policies from the federal government that it deems harmful to Alberta. After its November 2022 introduction, the bill was met with controversy and was criticized by multiple First Nations groups and legal experts before passing in December.

The statement of claim, which was originally filed on December 19, 2022, names the provincial government, lieutenant governor and minister of justice as defendants. It alleges the Act infringes on the rights of Onion Lake members to pursue traditional ceremonies, associations and way of life (hunting, fishing, trapping) as it might circumvent the original Treaty agreements in place between First Nations and the Crown.

“The Alberta Sovereignty Act is utterly repugnant to the letter and spirit of the Treaty,” the statement of claim reads.

The claim says Onion Lake Cree Nation is seeking a declaration that the act infringes upon these rights and is of no force and effect. Onion Lake Cree Nation’s legal action joins a growing number of voices from First Nations groups pushing against the province’s rhetoric around Alberta sovereignty, and separation, including Bill 54.

In a statement, Alberta government said it “is deeply committed to honouring and respecting all Treaty rights enshrined in the Constitution – that will not change.

“We will be filing our statement of defence in due course.”