A court hearing began Tuesday for an Alberta First Nation’s request to at least temporarily put on ice an Alberta separatism petition to force a vote on whether the province should quit Canada.
Sturgeon Lake Cree Nation, as well as a handful of other First Nations, is challenging the constitutionality of Alberta’s citizen-initiated referendum process, saying its use by separatists violates treaty rights.
Orlagh O’Kelly, a lawyer for Sturgeon Lake Cree Nation, told an Edmonton court that an injunction is appropriate because there’s no rush to hold a vote, nor is there an “unbridled right to petition to break up Canada.”
Instead, O’Kelly said, Alberta’s process is the “legislative legitimization … of what we call the tyranny of the minority.”
The hearing, which is scheduled to last multiple days, is also expected to hear arguments from other First Nations challenging the referendum process, including Athabasca Chipewyan First Nation, located near the province’s oilsands.
A few dozen members of Sturgeon Lake and Athabasca Chipewyan First Nations were in the courtroom on Tuesday.
Stay Free Alberta, the group behind the separation referendum campaign, said last week that it has already collected more than the 178,000 signatures required to trigger a vote, although it has until May to submit its petition sheets to Elections Alberta.
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Premier Danielle Smith has said that should the campaign get the required signatures, their referendum question would be put on a ballot this fall.
Indigenous leaders have been outspoken critics of the separatist movement, with one Alberta chief taking his concerns all the way to King Charles during a visit last month at Buckingham Palace.
Sturgeon Lake Cree Nation Chief Sheldon Sunshine told reporters outside court that even if the injunction is granted, he expects Smith’s United Conservative Party government to respond by changing the law again to aid the separatists.
Last year, the province drastically reduced the signature threshold needed for referendum petitions and extending the time frame allowed to campaign.
Through another bill in December, the government also cleared legal hurdles for the separation movement by removing the requirement that questions put forward through the act be constitutional.
That bill also removed the ability of the province’s chief electoral officer to refer proposed questions to the court for an opinion, which was done the first time the separatist group applied for a petition.
Sunshine said Tuesday that he felt he had no other option but to fight in court.
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“I think this is treaty nations taking a stand to defend their treaty. This is a treaty violation, plain and simple,” Sunshine said.
“We’re here today to assert our position that we are here and we’re not going anywhere.”
Justice Minister Mickey Amery’s office said the government recognizes and honours treaty rights but that it wouldn’t comment further given the matter is before the courts.
Jeff Rath, a lawyer for the separation petition group, told reporters it’s not clear to him what treaty rights are allegedly being violated.
He said that if an injunction is granted, he also expects Smith’s government to override it.
“The legislature will want to know what the signature count is at the end of the day,” Rath said.
“The legislature is entitled to that information.”
O’Kelly told court that Sturgeon Lake Cree Nation members have experienced heightened racism and feel as though the treaty relationship with the province has been significantly damaged since the petition was launched in January.
She also said First Nations entered into treaties with the expectation that the agreements would never be altered or amended, let alone be totally rewritten should the province separate.
Neil Dobson, a lawyer for the province, argued in court that the harm outlined by O’Kelly isn’t attributable to Alberta’s law.
“It is not the petition process itself that is spurring on these comments. These are comments by private actors who may or may not be associated with the separatist initiative,” he said.
Dobson said the petition process isn’t meant to empower one group over another.
“It’s agnostic,” he added.
Justice Shaina Leonard hasn’t said when she expects to issue a decision.
Again.. why ask do we need the permission of the Featherstone fuktards to do anything.
Canada us a confederation. All provinces are voluntary participants in a federation, like a strata council.. the federal government is hired by the provinces to represent Canada on the world stage…they have nothing to do with provincial affairs.
The Featherhats gave even less say.
STOP THE INSANITY
Natives are afraid their gravy train from feds will end. They are obstructionist.
I would like to ask them, since they don’t want the treaties to be altered or amended, why they think it’s fair for them to ask for it to be altered and amended when they want more from the government, aka, the Canadian tax payers? Why is it one-sided?
“tyranny of the minority”
It’s pretty rich that a race-based group that comprises less than 5% of the Canadian population wants to tell an entire province that a citizen-led ballot initiative cannot move ahead after collecting signatures from not less that 10% of registered voters.
Who cares what they think
F them
Not an Idiot – then why the fear of asking the question?
Separatists are delusional. There is a higher likely hood of Danielle Smith crossing the floor to become a member of the NDP, than there is of Alberta actually separating from Canada.
JV – are you an idiot, or just playing one on TV? The Clarity Act allows for a province to leave the country upon a clear majority in a referendum with a clear question. It also demands that the rest of the country negotiate n good faith to make it happen
Our First Nation Overlords must be appeased before we can exercise our democratic right? Sorry, but you aren’t as special as we have let you believe. No veto. You can use your one vote just like the rest of us.
Guy – Speaking of idiocy you’re so out of touch with reality there’s no point in entertaining anything you just said. All I can say is there’s a reason whitebread pieces of trash like you don’t make the decisions in this country anymore. That’s why no matter what y’all separatists have to say in court you’re going to lose… miserably. Enjoy being just another province in Canada. Selling CANADA’S oil 🤣
Ben –
Canada Population = 41,470,000
Alberta Population = 5,000,000
So less than 13% can decide on whether Alberta leaves Canada?
Stop wasting our money and time.
First nation need consent? For what? They were given land within Canada, and now they want to backtrack and get more out of the country? How about stop acting like a different people within the country you’re trying to fleece you fools, integrate into the country age don’t try to act like your own sovereign nation, you’re not, just like the goofs in Quebec but they all know if Alberta leaves, so does just about all the money in the country, that’s why they don’t want Alberta to leave, because it’s the bank of the nation.
How about we ignore them, and do what’s best for the taxpayers that have put their effort into the country, this is insane, what next? They start demanding land titles be given to them too? What idiocy
Sturgeon Creek Nation Population=4000
Alberta Population =5,000,000
So less than .1% can decide on whether we get a referendum?
Stop wasting our money and time.
“Times are changing. Don’t need your permission anymore. A separate Alberta is a flourishing e Alberta” 🤣🤣🤣 I love it when these treasonous seperatists think they’ve already won. Uhh yeah I think we’ll let the courts decide on this one buddy.. and I’ll tell you right now. It doesn’t good for y’all
The freedumb fighters in Alberta are about to get a taste of reality
They are so terrified of a question? They love wasting the courts time don’t they!
I hope to see Our Natives not have to fight for their own rights in owning Alberta rather than any white free loading “”Aggressive Right Wingers”” who have been trying to take it away from them.
Best of luck today. I appreciate the action you are taking. Those who want to leave Canada are welcome to move. I am a proud Canadian and from Alberta.
Times are changing. Don’t need your permission anymore. A separate Alberta is a flourishing Alberta. No more need for freeloaders from the east or on the reserves here.
Since when does 1 occupant of a building get to decide what the owner of the building wants? This is a clear cut case of natives trying to control Canada. As long as the treaties are honoured, they have no basis for complaint. – they are worried that we should return to honouring the treaties, not handing out bales of money to the natives, over and above the treaties, like the Liberals are doing.
The courts should not even be giving this whining any attention.