Experts explain how Indigenous rights are a major hurdle for Alberta secession
Three political scientists say treaty rights and the duty to consult could block Alberta separatists as Premier Danielle Smith plans an appeal.
- Justice Shaina Leonard quashed a separatist petition in early May, ruling Premier Danielle Smith's government neglected its constitutional duty to consult First Nations. The decision is binding law in Alberta until successfully appealed, blocking Elections Alberta from holding a binding referendum on separation.
- Indigenous treaty rights and the duty-to-consult process have significantly evolved since the Clarity Act, with courts over the past 20 years establishing that judges can halt government projects over consultation failures. Three political scientists say Indigenous treaty rights now represent a significant legal hurdle for separatists.
- University of Ottawa professor Andre Lecours stated "There needs to be consultation with Indigenous peoples, the extent to which is unclear." Federal treaties governing hunting and fishing rights cover large portions of Alberta, raising questions about what happens to those protections if Alberta becomes independent.
- Blocked from a direct secession vote, Premier Danielle Smith announced an October referendum asking Albertans whether to start the separation process rather than vote on secession itself. Smith's government is prepared to appeal Leonard's decision to the Supreme Court of Canada.
- University of Ottawa professor Andre Lecours estimates the full secession process could stretch six months to a year after Indigenous consultations conclude, with a million different questions ranging from debt sharing to military establishment. Andrew McDougall, lawyer and University of Toronto professor, said the ruling "is creating a lot of uncertainty.
13 Articles
13 Articles
Conrad Black: Why Alberta’s Secession Debate Is a Greater Threat to Canadian Federalism Than Quebec’s
Commentary Alberta Premier Danielle Smith’s artful dodge of the latest litigious mischief of the militant indigenous is a welcome move onto the fast track of the devolution of the Canadian Constitution. On May 13, we had the absurd national embarrassment of the indigenous people in Alberta, representing approximately 3.5 percent of the province’s population, gaining a preliminary court judgment that Alberta did not have the right to hold a refer…
Why Alberta’s Secession Debate Is a Greater Threat to Canadian Federalism Than Quebec’s
By Conrad Black Alberta Premier Danielle Smith’s artful dodge of the latest litigious mischief of the militant indigenous is a welcome move onto the fast track of the devolution of the Canadian Constitution. On May 13, we had the absurd national embarrassment of the indigenous people in Alberta, representing approximately 3.5 percent of the province’s population, gaining a preliminary court judgment that Alberta did not have the right to hold a…
Coverage Details
Bias Distribution
- 56% of the sources lean Left
Factuality
To view factuality data please Upgrade to Premium
