ALBERTA REFERENDUM AND TREATY LAW
Alberta does not have the power to cancel treaties
“The courts have recognized that Treaties are solemn promises between the Crown and the Indigenous. They are not simple contracts. Because they are solemn promises they invoke the honor of the Crown. They must be upheld and respected. They must not be interpreted in a technical way. These sacred Treaty agreements were entered into before Alberta became a province in 1905. When Albert did become a province in 1905 it was not a province equal to the original province, because it did not have control of its so-called natural resources and did not have control of Crown land. It was in 1930 when Alberta had control of resources and Crown land.”-- Dr. Bruce McIvor, First Peoples Law
Bruce McIvor has said that “Alberta secession requires more than consultation.” Dr. McIvor explains why to WATERTODAY in an emailed statement:
Since the most recent court decision, the focus in Alberta and nationally has turned to the need to consult Treaty First Nations before proceeding with a referendum on Albertan independence. This conversation is misguided. There’s a more fundamental requirement for any referendum question on Alberta separating from Canada.
As Justice Feasby decided in December, Alberta’s existence and legitimacy is dependent on treaties made between the Crown and First Nations. Alberta’s secession would terminate the treaties. Alberta does not have the power to cancel the treaties, nor does it have the right to vote to unilaterally leave Canada.
The idea that Alberta can unilaterally secede from Canada is as absurd as suggesting that a child has the power to annul their parents’ marriage.
Instead of focusing on the duty to consult, Alberta and all of Canada needs to wake up to the reality that Alberta cannot secede from Canada without Treaty First Nation consent.
Dr. Bruce McIvor, lawyer and historian, is senior partner at First Peoples Law LLP. He is also an Adjunct Professor at the University of British Columbia’s Allard School of Law where he teaches the constitutional law of Aboriginal and Treaty rights.
Related:
ABORIGINAL LAW & INDIGENOUS LAW
