Treaty 6 chiefs support First Nation lawsuit against sovereignty act

The Confederacy of Treaty 6 Nations says it supports Onion Lake Cree Nation’s filing of a lawsuit against the Alberta government’s sovereignty act.

Onion Lake says Premier Danielle Smith’s sovereignty act infringes on treaty rights.

The nation is seeking a declaration from the Court of King’s Bench that the act is of no force and effect.

“We’re calling for a total retraction,” Onion Lake Chief Henry Lewis said Monday at the River Cree Resort and Casino in Enoch, Alta.

On Tuesday, the Confederacy of Treaty 6 issued a statement to show support for Onion Lake.

“The Sovereignty Act puts our treaty and inherent rights at risk,” the chiefs said.

The Confederacy also said it is weighing its options “for future action.”

The Alberta Sovereignty Within a United Canada Act, also known as Bill 1, was passed on Dec. 8 and has been criticized by other First Nations and Indigenous organizations.

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Lori Williams, a political scientist at Mount Royal University, says the comments made by Smith in the legislature have added to the frustration First Nations have experienced regarding the lack of consultation on the Act.

“Frankly, this government has not been sensitive to or respectful of Indigenous concerns up until this point,” Williams said.

“They crafted and introduced the act without any consultation with indigenous leaders, and [the province] said that they wanted to consult afterwards, and the comments that were made in the meeting and the legislature have led those indigenous leaders to seriously doubt that the premier understands what the concerns are or respects those concerns.”

In addition, she says there is a “failure to recognize” that the province does have sovereignty in Alberta between an arrangement with the federal and provincial governments that was agreed upon when it became a part of Canada.

The Canada Act of 1867 and the Canada Act of 1982 guarantee constitutional rights for First Nations.

“By contrast, that sort of free agreement wasn’t a feature of the relationship with Indigenous people,” Williams said.

“Those treaty rights do provide protections, hard-fought protections for Indigenous Canadians. And I think they are concerned about actions the provincial government says are within its jurisdiction, that could disrespect the rights that they hold under treaties.”

On Monday, Smith’s office said it doesn’t comment on ongoing legal matters.

“Alberta Sovereignty Within a United Canada Act is constitutional and does not interfere or undermine Indigenous and treaty rights,” it said.

-With files from The Canadian Press