QUESNEL: Indigenous determination will confront Alberta’s impending independence crisis

A legal challenge seeking an injunction against the independence initiative exposes a clash between democratic political expression and constitutional limits. However, Alberta must settle indigenous rights and title before advancing this file.The injunction likely came too soon because asking a political question generally carries no legal effect. The Citizen Initiative Act lets citizens put issues on the agenda and bypass a top-heavy political and bureaucratic system; it is a populist tool that can check elitist control. Citizens’ initiatives provide an escape valve when systems fall into groupthink, but they can also erode representative democracy if overused.Alberta struck a reasonable balance. The law does not compel the province to hold a binding referendum on every question. Cabinet can screen questions for constitutional problems and adjust their wording. That mechanism means indigenous communities worried about the constitutionality of an Alberta independence question would have their concerns addressed later. Still, applying a legal injunction to block a civic expression feels wrong.I am a federalist who wants Canada to remain united, but I recognize Ottawa’s long record of neglect toward Alberta. I prefer a new constitutional deal for the province, and I think Alberta will have to push the feds to the table. I hope this drastic step ultimately produces lasting reform..Any move toward Alberta independence would directly affect indigenous communities — First Nations and land-based Métis settlements. Changing the province’s political status would impact indigenous rights and title and implicate treaties with the federal Crown. The Supreme Court’s Clarity Act reference on Quebec sovereignty explicitly recognized that indigenous interests would engage such a process.So, while the injunction probably proved unnecessary and affronted direct democracy, it’s easy to see why several First Nations acted to halt the effort. Mistrust began during the debate over the Alberta Sovereignty Within a United Canada Act — despite its name, not an independence law — which reiterated that Canada operates as a system of coordinate sovereignties. Too often, people conflate “sovereignty” with independence when it often denotes a level of jurisdiction.The Sovereignty Act’s practical problem concerns applying and enforcing federal law. For First Nations in Treaties 6, 7, and 8 and for Alberta’s Métis settlements, the main irritant was the prospect of sidestepping jurisdictional questions over indigenous lands and resources. Although Premier Danielle Smith insisted the law would not affect treaty or other hard-won rights, it sowed doubt about indigenous standing in the province’s fight against perceived federal overreach.On the positive side, Premier Smith has generally maintained good relations with many indigenous communities. I know her personally from before she returned to politics; she showed good faith in building cooperation and interest in concrete measures to improve indigenous wellbeing. Her government has actively pursued economic partnerships with indigenous groups, and the Alberta Indigenous Opportunities Corporation — created in 2019 — provides loan guarantees that underwrite risk for indigenous partners and has become a model for other provinces..The complication is that the provincial Conservative establishment has kept its distance from the petition drive. Those pushing for independence must meet with indigenous leadership and clearly state their intentions should Alberta ever seek to leave federalism. Historically, indigenous peoples have tended to work with the federal government and rightly view the Crown as their primary counterpart. The independence movement leaders cannot simply win indigenous leaders over; they must address indigenous fears and set out, ideally in writing and with signatures, the clear role indigenous peoples would hold in a post‑Canada Alberta.Like Quebec sovereigntists, Alberta independence will face a historic struggle — both metaphorical and real — with indigenous nations over control of lands and resources. With entrenched constitutional rights and protections under the UN Declaration on the Rights of Indigenous Peoples, indigenous nations will press their claims vigorously; their sense of self-determination may be stronger still because of their ancient and enduring connection to the land.Alberta activists who resent Ottawa’s treatment of the province should recognize the pain and alienation among indigenous peoples. At a minimum, unlike in the past, indigenous leaders will demand full transparency and a relationship based on mutual respect as the province steps into uncharted ground.Joseph Quesnel is a policy commentator based in Nova Scotia.

QUESNEL: Indigenous determination will confront Alberta’s impending independence crisis

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