Alberta Judge rules proposed referendum question on separation is unconstitutional

The Confederacy of Treaty 6 First Nations is lauding a Court of King’s Bench ruling in a court case which has struck a blow to Alberta separatists referendum efforts. Justice Colin Feasby’s decision affirmed that a referendum would violate Treaty Rights, Section 35 of the Constitution Act,1982 and the Charter of Rights and Freedoms, according to the Confederacy in a news release. “This successful intervention in the courts by Treaty No. 6, No. 7 and No. 8 First Nations is a victory for Treaty Rights and the inherent rights of all First Nations,” the Confederacy said. In his decision, Feasby wrote that “Treaties 6, 7, and 8…are part of the Canadian constitution, made the creation of Alberta possible, remain part of the legal foundation for the complex society that now exists in Alberta, and govern the ongoing relationship between Canada, Alberta, and First Nations. The Numbered Treaties are legally binding on First Nations, Canada, and Alberta.”  Alberta’s chief electoral officer, Gordon McClure, referred the proposed question to the court in August, asking a judge to determine whether it violates the Constitution, including treaty rights. Read more: Hearing for Alberta separation referendum question to be held in court The referendum question was put forward by the Alberta Prosperity Project and would have asked Albertans whether they agree “that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?” Premier Danielle Smith and the province’s Justice Minister Mickey Amery criticized the referral to the courts, saying the question should be approved and only face judicial scrutiny if it receives a majority vote. Meantime, the confederacy said it refuses to be silent when Treaty is threatened.  “We celebrate the courts ruling in our favour once again, and welcome this affirmation of the legal primacy of Treaty and the Crown-Indigenous relationship here on Treaty Lands.” Continue Reading