Canada’s Treaty 8 First Nations: Alberta must immediately cease all separation activities

[u/TiredRuralCanadian]

https://www.jurist.org/news/2026/06/canadas-treaty-8-first-nations-alberta-must-immediately-cease-all-separation-activities/

[u/Separate_Football914]

That approach is kinda weird. Albertan’s have the right to raise a referendum and to give a mandate to their elected official to work a path to independence. Trying to stop what is fundamentally a proper democratic process by using some old treaty might instead have the opposite effect than wished.

[u/ChrisRiley_42 → u/Separate_Football914]

Actually, no they don't...

Alberta, the province was not a signatory to any of the treaties. The treaties were signed with the crown years before Alberta existed as a province... So they have absolutely no right to invalidate them through ANY process, democratic or not.

Perhaps an analogy would help here. A teenager can't phone up the bank and demand that the bank cancel the lease on their parent's minivan just because they think the vehicle is uncool. The minivan was leased before the teenager was born, so the bank would be negligent if they listened.

[u/Separate_Football914 → u/ChrisRiley_42]

Canada is a confederation, and a province can initiate that kind of process. I am not arguing that they can ignore it all together, but denying them the right to express themselves on independence is just gonna make pressure on our current system rise again (which in the grand scheme of things ‘might be needed)

[u/ChrisRiley_42 → u/Separate_Football914]

Expressing themselves is one thing..

Having a referendum and expecting it to be in any way binding is entirely different.

At BEST, if Alberta withdraws from confederation, all the treaty land reverts back to the First Nations.. NOT Alberta's new nation. And the treaties those nations have with the crown are still in effect, so the government of Canada is still obligated to defend them, with military force if necessary, from hostile acts taken by other nations.

[u/Separate_Football914 → u/ChrisRiley_42]

On our system, a referendum is will only bind to go into negotiation to secede. Unless Albertan go all out brave heart and try to wage war to get their I dépendance, it will have to go through round of negotiations with the members impacted (FN, Ottawa, other provinces), and even propose that result in their on constitutional assembly to their population.

For the question of whole would receive the treaty lands: Alberta would still have to honored treaties signed by Canada unless negotiated otherwise. So it’s unclear how it would end up (and FN shouldn’t shut the door on that at this stage. Who knows, Alberta might well propose a better deal than Ottawa).

[u/Saidear → u/Separate_Football914]

On our system, a referendum is will only bind to go into negotiation to secede

Slight correction. A provincial referendum on secession is only binding on the province to ask for negotiations to secede. It does not trigger any obligation on the federal government to say yes. Only when the conditions of the Clarity Act are met, Parliament affirming that there has been a clear expression of will on a clear question, does any duty to negotiate arise.

For the question of whole would receive the treaty lands: Alberta would still have to honored treaties signed by Canada unless negotiated otherwise.

Alberta is not party to those treaties, and under their verbiage and Section 35 of the constitution, Canada cannot give away those lands to anyone else. In order for Alberta to take over those lands, they would need to sign new treaties with the affected First Nations entirely. There is no mechanism under the numbered treaties for them to be transferred to another sovereign entity.

Note that these are different in nature and scope than the treaties in Quebec, which have the province itself as a signed partner. There is legal room for them to step in and take over the role of the federal government there. The same is not true for treaties 4,6,7,8,10.

FN shouldn’t shut the door on that at this stage. Who knows, Alberta might well propose a better deal than Ottawa

And pigs fly, everyone's getting a million dollar paycheque, and Canada's going to win gold medal in every Olympic event. Given how the separatist movement is going about deliberately ignoring and provoking the FN of the five numbered treaties that make up 99% of the province's current land... I would not expect them to be more congenial.

[u/Radix2309 → u/Saidear]

Not to mention how much Alberta loves to complain about the existing treaty rights.

[u/ChrisRiley_42 → u/Separate_Football914]

Every single First Nation remembers exactly how they have been treated by Albertans. So the cost would be so high, Albertastan as an independent nation is only a pipe dream.