EDMONTON — Treaty 8 First Nations chiefs reprimanded Premier Danielle Smith in a letter sent to her and Prime Minister Mark Carney on Thursday, demanding that Alberta's referendum on whether to hold a binding Alberta independence referendum must not happen without prior consultation and consent. "We state this plainly so that there can be no misunderstanding: there is no lawful path by which Alberta can pursue separation from Canada while bypassing the rights, consent, and constitutional status of Treaty 8 First Nations," reads the letter signed by Treaty 8's Grand Chief Trevor Mercredi. "That consent has not been sought. It has not been given. Nor will it be given under duress or through any process designed to circumvent our constitutional rights." .The letter comes two weeks after Smith announced that she had placed a question on the October 19 referendum asking Albertans whether they would like Alberta to remain in Canada or for her government to begin the legal process towards holding a binding referendum on independence. Smith claimed it is time to get answers to the debate that has captivated Alberta politics for months, but said recent court rulings on the Government of Alberta's duty to consult First Nations would likely have shut down a direct question on independence. Mercredi said even Smith's referendum on whether to have an independence referendum should not take place without the Government of Alberta first consulting and getting consent from Alberta's First Nations, because it is still a government action that advances the independence movement. "We have very serious concerns about the referendum, the lack of consultation and lack of consent from our nations," said Mercredi to reporters on Thursday."When we're dealing with this issue, we've taken her to court, we've taken the government to court, we've taken the referendum to court, when we speak about these issues, and the court has moved in our favour twice." .Among their concerns are the establishment of international borders across Treaty 8 land and conversations about opening the Canadian constitution and amending the duty to consult in a manner that would violate their section 35 rights. "Separation is not happening," Mercredi said. "Separation of Alberta from the Canadian Federation is not happening. There is just too much in the way of that becoming a possibility, and we will be at the front of it.""So, when we talk about being consulted on separation, we also talk about consent. We haven't had any conversations with any governments on separation, and they will need the consent of the First Nations to move this forward, which is not happening.".Mercredi said Smith's government is accommodating the independence supporters within the UCP base, and the Treaty 8 First Nations are prepared to do "what we need to do as treaty people to protect our treaty people." "When we say that, you know, we'll take a look at all avenues," Mercredi said. "That means everything. That means stopping industry. That means maybe going out on the highways. That maybe means doing what we need to do to be heard on this issue of separation." "The courts have spoken loud and clearly; however, the UCP government chooses to ignore the courts. So, what does that say about the UCP and the direction that they're going in, if they're ignoring courts, ignoring the rulings? It shows to me that they're lawless, and if you have a lawless government, how do you expect to negotiate or work with the Nations at any capacity?".Of note are the upcoming July 1 target for Smith's government to submit an application for a pipeline to the Northern B.C. coast, and the Oct. 1 goal for the federal government to declare it a major project, but the latter step requires meaningful First Nations consultation to have begun. "Well, you know, the leverage is always there," Mercredi said. "Our Treaty Nations own the land and resources. Whether the province or the federal government like to promote that idea, it's the truth and the fact of the matter.""So, whether a project moves forward or not is not dependent on certain political moves, and what I would say is, if they're talking about moving a pipeline through the territories, they have to be at the table with the chiefs. The chiefs have to give their consent; they have to be accommodated."
