First Nations Treaties and Sovereignty: The Often-Ignored Factor

The Issue

Treaty 6, Treaty 7, and Treaty 8 cover virtually all of Alberta. These are agreements with the Crown of Canada, not with the Province of Alberta.

Constitutional Protection

Section 35 of the Constitution Act, 1982 recognizes and affirms aboriginal and treaty rights. These cannot be extinguished without consent.

Critical Questions

1. Do treaties transfer to an independent Alberta?
2. Can First Nations choose to remain in Canada?
3. Could treaty lands become Canadian enclaves?

Indigenous Perspectives

First Nations leaders have generally been skeptical of Alberta separatism. Treaties are with Canada, and there is distrust of the provincial government's record on Indigenous rights.

Legal Reality

No Alberta separation could occur without addressing Indigenous rights. This is perhaps the most legally complex issue facing any secession scenario.