Editor’s Note: The title of this article was changed after the story was published to clarify whether legal action was being taken.
The Onion Lake Cree Nation has taken legal action against Alberta over the Provincial Sovereignty Act.
treaty 6 nationwhich is located about 270 kilometers east of Edmonton, announced it had filed a claim against the Alberta government Alberta sovereignty within a United Canada Act on Monday, arguing that it violates treaty and constitutional rights.
The Sovereignty Act was introduced into the legislature on 29 November by newly appointed Premier Danielle Smith. The Alberta legislature passed the law on 8 December.
The province has 20 days to respond to the lawsuit.
Indigenous leaders send strong message about Sovereignty Acts
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The treaty nations publicly rejected the law on 12 December on the grounds that it was “in breach of our treaties” and “contrary to the Constitution of Canada”.
In a statement released Monday, Okimaw (Chief) Lewis of the Onion Lake Cree Nation said the community on the Alberta-Saskatchewan border has “no choice but to use the colonial courts to protect treaty rights and sovereign jurisdiction”. Because Alberta passed this law without any consultation with our country.
“Indeed, there is no evidence of consultation in the debate, Hansard or elsewhere, that Alberta sought any input from Indigenous peoples and treaty nations.”
None of the allegations in the statement of claim have been tested in court.
Smith has said that his government has reached out to First Nations to listen to their concerns.
Smith’s comment comparing Indigenous experience of Ottawa’s treatment with Alberta prompts criticism
“We do not comment on ongoing litigation. Alberta’s sovereignty within the United Canada Act is constitutional and does not interfere (with) or diminish Indigenous and treaty rights,” read a statement from the premier’s office on Monday afternoon.
During the last legislative session, Smith said he believed Alberta’s battle with Ottawa paralleled Indigenous groups’ relationship with the federal government over the years.
His remarks faced criticism from some who questioned his understanding of the history of Canada and indigenous peoples.
While the premier has said she does not believe the law violates indigenous rights, the Onion Lake Cree Nation said it believes the policy violates the rights of the Treaty Nation’s people “to their traditional ceremonies, associations, and aviation ( (such as in furtherance of hunting, fishing, and trapping), by means of an effective affront to (a country’s) sovereignty and jurisdiction.
The nation also claimed that it takes away from the promises made in the treaty, and “negates the guarantees of livelihood and liberty that the treaty sought to protect by controlling all treaty rights and Canada’s right to treaty relations with the Crown.” Was created for. Lieutenant Governor in Council of Alberta.
Opposition justice critic Irfan Sabir said the joint Conservative government had ignored warnings from First Nations leaders.
“This is an avoidable blow to reconciliation and a blow to economic certainty,” he said in a news release.
The Sovereignty Act was introduced by Smith as a way for his government to act whenever it felt the federal government had reached into provincial jurisdiction and did something that harmed Alberta’s interests.
Matthew Wildcat, assistant professor of political science and native studies at the University of Alberta, said he expected the Sovereignty Act would receive a legal response from Indigenous peoples.
“And it came fairly quickly,” he said, adding that he has noted that there appears to be a “tremendous unity” among First Nations when it comes to the law.
“You think about something like resource development, there’s a broad spectrum of Indigenous responses and interactions with that. But on this, it’s absolutely across the board, ‘Bill 1 undermines treaty rights.'”
Wildcat, a member of the Erminskin Cree Nation, said that in some ways he is not surprised that it was the Onion Lake Cree Nation that mounted the legal challenge.
“(That nation) is in a very good position to do that,” he said.
“They are very staunch defenders of treaty rights, they have a great legal team – they have the ability to pursue this claim.”
Wildcat said that it appears to him that the UCP government did not consider indigenous or treaty rights “at all” when it drafted the sovereignty law and noted that such a policy needs to be considered in that it How factors are factors.
Wildcat said that legally, Status Indian and reserve lands are under the jurisdiction of Ottawa, “You have things like health care or education that are reserved for the province.
“But then of course to provide those things on reserve for Indigenous peoples, there’s some kind of jurisdictional back and forth … there’s a lot of Canada inter-jurisdictional how we have to understand these things, particular especially when it comes to indigenous peoples,” he said.
“The Alberta government must take seriously the potential of Indigenous peoples … to constrain provincial ambitions of sovereignty.”
Saskatchewan has a sovereignty bill before its legislature – Bill 88 – that would also affect the Onion Lake Cree Nation.
“The government of Saskatchewan still has an opportunity to withdraw Bill 88 and hear from us,” Lewis said in a news release.
—Phil Heidenreich, Global News and Angela Amato, with files from The Canadian Press
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