The Sturgeon Lake Cree Nation has filed a lawsuit challenging the approval of a secessionist petition in Alberta, arguing that any move to separate from Canada cannot be made without the consent of the First Nations.
In a statement released Friday, the First Nation said it had filed a statement of claim in the Alberta Court of Queen's Bench against the Alberta government, the federal government and Alberta's chief electoral officer.
The lawsuit alleges failure to comply with and implement Treaty No. 8 and alleges that approval of the petition violates contract rights.
A statement released by the Treaty No. 8 territory said the petition was approved under legislation passed by the United Conservative Party, which the First Nation calls “patently unconstitutional.”
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“No separation of Alberta from Canada can occur without the consent of First Nations peoples,” the statement said. “This is Treaty land. This is the law.”
According to the Sturgeon Lake Cree Nation, approval of the petition could provoke foreign interference and lead to economic, social and legal harm for Albertans, with Indigenous peoples disproportionately affected.
The Nation also noted that the approval came while the courts were closed and regular court operations were due to resume on Monday.
Chief Sheldon Sunshine said the First Nation plans to file an emergency injunction on Monday asking for the petition process to be stayed while the trial continues.
The purpose of the injunction is to prevent what the Nation calls foreseeable harm resulting from the petition.
Treaty 8, signed in 1899, covers most of northern Alberta, as well as parts of British Columbia, Saskatchewan and the Northwest Territories.
First Nations have long argued that treaty obligations must be respected in any decisions regarding land, governance and sovereignty.
The lawsuit intensifies debate over Alberta's separatist movement and the province's recent legislative changes governing citizen-initiated referendums.
The Alberta government and the Office of the Chief Electoral Officer have yet to publicly respond to the lawsuit.
The Sturgeon Lake Cree Nation is calling on other First Nations and Canadians to support its legal challenge.
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