The Athabasca Chipewyan First Nation (ACFN) is demanding a halt to efforts to undermine constitutional rights and silence Indigenous voices as Alberta navigates a reckless and unlawful push toward secession from Canada.
The Chief Electoral Officer has asked the Court of King’s Bench in Edmonton to rule on whether a proposal for Alberta to secede from Canada violates the constitution. This process, which was made law to ensure that citizen petitions do not propose to violate rights, is now under direct attack by the Alberta Prosperity Project and its leadership. Mitch Sylvestre – one of the APP’s leaders and the person who brought the secession petition on its behalf – is asking for the Chief Electoral Officer’s case to be thrown out. Mr. Sylvestre is seeking to strike the stated case and shut down the process before it begins. This would scrap the constitutional review entirely and block interveners, including ACFN, from participating altogether.
This follows statements last week from the Alberta Minister of Justice and Premier Danielle Smith, who publicly pressured the Chief Electoral Officer to withdraw the stated case and abandon the constitutional review. The Minister of Justice called the process “red tape”.
“This is a blatant attempt to silence Treaty First Nations and bulldoze through a radical secessionist proposal without scrutiny,” said ACFN Chief Allan Adam. “Let us be absolutely clear – Treaty 8 was signed with the Crown in right of Canada, not with Alberta and certainly not with any separatist fringe group. We will not allow our Treaty to be trampled by political extremists.”
Despite the public pressure from the Premier and Alberta Justice, the Chief Electoral Officer has persisted in referring the matter to the courts. The parties are due to appear
in court on Thursday, August 7, at which time the Chief Electoral Officer will be proposing the Court order a public notice plan and timetable to allow interested parties to apply to intervene, and for amicus curiae to be appointed, so that the Court can have a comprehensive hearing on this fundamental issue at a later date. In stark contrast, the lawyers appearing for Mr. Sylvestre and the APP will argue that the case should be struck then and there, without hearing from any other impacted parties.
ACFN’s legal team will be in court on Thursday to oppose Mr. Sylvestre’s motion and support the implementation of a public notice plan and schedule that would allow First Nations and other concerned parties to formally intervene. “It is a matter of natural justice that the First Nations of Alberta – who have lived here from time immemorial – have an opportunity to be heard on this proposal to secede from Canada,” says Kevin Hille, legal counsel for ACFN. “ACFN is going to be there to support the Chief Electoral Officer in creating a process that will give First Nations a genuine opportunity to participate.”
To ACFN and other First Nations, the secession petition represents a grave threat to the foundational relationship between Treaty Peoples and the Crown in right of Canada. Treaty 8 was signed in 1899 – before Alberta even existed as a province – and guarantees ACFN’s rights and live according to their traditional ways. These rights are protected by section 35 of the Constitution Act, 1982, and cannot be erased by provincial whim or populist politics.
Alberta was not a signatory to Treaty 8 and did not gain provincial status until 1905. Even then, Canada retained ownership of natural resources in the province until 1930. Alberta’s authority over resources was only constitutionally entrenched in 1982. These facts underscore that ACFN’s primary Treaty relationship is – and always has been – with the federal Crown.
“This is not just a courtroom battle – it’s a fight for our people, our lands, and our future,” said Chief Adam. “If Alberta secedes, we would see artificial borders cut across our Nation, our kin divided, and our Treaty protections stripped away. We will not stand by while others try to erase our rights in secret.”
ACFN has consistently defended federal jurisdiction and the constitutional framework that upholds its rights, including at the Supreme Court of Canada. That fight now extends to this courtroom and this case.
“We are not going anywhere – and we are not backing down,” said Chief Adam. “Canada must uphold its constitutional promises. We will fight this petition with everything we have.”
ACFN urges all Albertans, legal advocates, and Indigenous Nations to stand in solidarity against this dangerous and unlawful attempt to hijack democracy, suppress Indigenous voices, and dismantle Canada’s constitutional order.
SOURCE Athabasca Chipewyan First Nation
