Onion Lake Cree Nation presses legal case as referendum fears grow across political and business lines
Onion Lake Cree Nation in Alberta has resumed its legal challenge against the province’s sovereignty act, citing a separatist agenda that could threaten treaty rights, according to The Globe and Mail.
The act, passed by Premier Danielle Smith’s government in December 2022, gives the province power to disregard federal laws considered harmful to Alberta.
The First Nation, which spans the Alberta–Saskatchewan border, filed a statement of claim at the Court of King’s Bench soon after the act passed.
The lawsuit alleges that the act violates treaty agreements by infringing on Onion Lake members’ rights to traditional practices such as hunting, fishing, trapping, and ceremonies.
The act’s legality under the Constitution has not yet been tested in court.
According to Onion Lake’s legal counsel, Robert Hladun, the community had initially paused the suit in hopes that the Alberta government would respond to their concerns.
However, Chief Henry Lewis stated that Onion Lake has now reactivated the case and has set a deadline of June 6 for the province to file a statement of defence.
At a Thursday news conference, Lewis said, “Premier Smith’s sovereignty act combined with many of the significant changes with two other laws sends a clear signal.”
He added that her government is willing to manipulate laws, intimidate First Nations, and control public opinion to push the separatist agenda.
Protesters, including members of various Alberta First Nations, gathered later that day at the legislature in Edmonton to express opposition to both the act and the recently introduced Bill 54.
As per The Globe and Mail, the bill would reform Alberta’s election rules and lower the threshold for initiating citizen-led referendums, reducing the required number of signatures from 600,000 to about 177,000.
Confederacy of Treaty No. 6 First Nation Chief Greg Desjarlais told reporters that “Bill 54 is creating a division, and it’s dishonour to the treaty people.”
Although the province introduced an amendment to the bill to acknowledge treaty rights, Desjarlais said, “They have to repeal the bill,” because it does not meet the demands of Indigenous leaders.
In a statement addressing the suit, Alberta Justice Minister Mickey Amery said, “The government 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.”
Assembly of First Nations National Chief Cindy Woodhouse Nepinak also weighed in earlier in the week, calling on the federal government to conduct a constitutional review of the 1930 Natural Resources Transfer Agreements (NRTA).
She argued that the agreements were incompatible with Canada’s constitutional framework and were made without First Nations participation.
Rachel Snow, a legal expert from the Stoney Nakoda Nation, said that while the NRTA granted control over resources to the provinces, it still protects First Nations treaty rights.
“So, before Manitoba, Saskatchewan or Alberta can go ahead and separate or do anything else, we have to discuss the breach,” she told The Globe and Mail.
Saddle Lake Cree Nation member Theresa M. Cardinal attended the protest with her granddaughter and said, “Separation would hurt us as a nation, as a people.”
She added that her family came to fight for the treaties.
According to Global News, Deborah Yedlin, president and CEO of the Calgary Chamber of Commerce, said a referendum on Alberta’s separation would damage both Alberta’s and Canada’s economies.
“Businesses are not interested whatsoever in uncertainty,” she said. “It’s bad for Alberta, but not just Alberta. It’s bad for the country.”
Yedlin noted that the mere prospect of a referendum could deter investment, a concern echoed by Atco Ltd. CEO Nancy Southern.
Southern stated that discussions around secession have led some Asian partners to delay investment decisions on a hydrogen project.
She described the debate as “unhelpful and not constructive to Alberta.”
Yedlin added that “we need more Nancy Southerns to stand up and say something,” and argued that the economic arguments in favour of separation are flawed.
She pointed to Quebec’s 1980 referendum, saying, “Quebec is the poster child for what happened in Canada. We should not forget that lesson.”
Although Premier Smith has stated that she does not support Alberta’s separation, she has also said separatists should not be demonized for their frustration with Ottawa.
She warned that suppressing those sentiments could lead to the creation of a new political party.
Smith has not commented on whether a referendum would harm Alberta’s economy, stating she would wait until a question is placed on the ballot.
Edmonton Mayor Amarjeet Sohi said that some local businesses have already expressed concern that investment might decline if a referendum is held.
Federal Conservative Leader Pierre Poilievre, currently running in a rural Alberta byelection, said he does not support separatism but understands Alberta’s frustration with Ottawa.
