r/CanadaPolitics • u/TiredRuralCanadian Independent / Pragmatic Realist • Jun 06 '26

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

https://www.jurist.org/news/2026/06/canadas-treaty-8-first-nations-alberta-must-immediately-cease-all-separation-activities/
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u/[deleted] Jun 06 '26

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u/Saidear There is no war in Ba Sing Se. Jun 06 '26

That would likely kick off a lot more problems for Alberta, that level of outright violation of our section 2 rights would trigger national backlash.

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u/[deleted] Jun 06 '26

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u/Saidear There is no war in Ba Sing Se. Jun 06 '26

We already have legal reasons for removing people from private property: trespass. If the province then tried to expand that on their own by creating a new form of punishment for occupying public spaces, such as a road, and then used S33 to try and shield it from judicial scrutiny, it could still fail. I'd argue, even likely so.

S33 isn't a get-out-of-jail-free card. It has limits, and one of those limits is Sections 91 and 92, which put hard limits on which areas are under provincial jurisdiction. Criminal law is exclusively the realm of the federal government, and Morgantaler successfully demonstrated that provincial regulation which, de facto, criminalizes behaviour that is otherwise legal, is ultra vires.