Onion Lake Cree Nation presses ahead with legal challenge to Alberta’s Sovereignty Act

The Nation, which straddles the Alberta–Saskatchewan border, is among several First Nations pushing back against Premier Danielle Smith’s United Conservative government. The Sovereignty Within a United Canada Act, passed in late 2022, gives Alberta the power to ignore federal laws it deems harmful to provincial interests.

In April, Alberta introduced Bill 54, which would lower the threshold for citizen-initiated referendums, including ones that could ask whether the province should separate from Canada. The province added last-minute amendments Wednesday, stating that such questions must not threaten existing treaty rights, but Lewis said “it is nothing.”

“Premier Smith’s Sovereignty Act, combined with many of the significant changes to other laws, sends a clear signal that her government is willing to manipulate laws, intimidate First Nations and control public opinion to push the separatist agenda,” Lewis said.

In a joint statement issued by Sturgeon Lake Cree Nation Chief Sheldon Sunshine and Mikisew Cree First Nation Chief Billy-Joe Tuccaro right after the amendments were announced, they said it “means nothing,” and the proposed bill still needs to be shredded.

“We have heard from many treaty people; we are united in our resistance. None of us will back down,” they said, noting a protest is planned Thursday at the legislature grounds in Edmonton.

Lewis added that the Nation has now received confirmation that Alberta must respond to its lawsuit by June 6.

Michael Marchen, legal counsel for OLCN with Hladun and Company, said the amendments to Bill 54 have no impact on their case.

“In a word, no,” Marchen said. “Even though there is language like that that’s been introduced within the bill, there is still a challenge with respect to the way in which the bill has been enacted.”

He said the province failed to meet its constitutional obligation to consult with Indigenous communities, adding that the legislation was passed “without free, prior and informed consent,” which is “itself a ground of challenge.”

Marchen said the case is part of a broader national movement to affirm Indigenous sovereignty and self-determination.

“What you’re seeing with this particular legal action is one of those things that is the legal and constitutional efforts to achieve recognition of both the full spectrum of treaty rights as well as the recognition of these Indigenous polities — First Nations, Treaty Nations, nations with modern treaties — as being fully sovereign within the context of Confederation.”

Elder Bernadine Harper also spoke at the press conference, grounding the Nation’s position in spiritual and historical teachings.

“When we were here, the first people, the Creator gifted us with tools, with knowledge,” she said. “We were given natural laws to follow every day.”

Harper said Indigenous peoples signed treaties with the Crown, not provinces, and continue to uphold their responsibilities.

“We are treaties. We don’t want our treaties to be broken in any way. We fight for them and that’s why we are here today.”

The Nation first filed a constitutional challenge in 2022, shortly after the Sovereignty Act became law. A separate challenge to Bill 54 cannot proceed until the bill receives royal assent.

“No court will entertain the constitutional challenge until the bill is actually enacted,” Marchen said. “The bill is not enacted on third reading, but it only is enacted with Royal Assent.”

As the legal process moves ahead, Lewis said OLCN will continue to stand with others opposing what he calls “unilateral” actions by the province.

“We are not alone,” he said. “Rallies are being held at the legislature today and the people are rising in defence of our treaties and our future.”

– with files from The Canadian Press –

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Kenneth.Cheung@pattisonmedia.com

by Kenneth Cheung

Onion Lake Cree Nation presses ahead with legal challenge to Alberta’s Sovereignty Act

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