Alberta Sovereignty Act: Onion Lake Cree Nation moves forward with lawsuit against province

A Cree Nation near the Alberta-Saskatchewan border is pushing ahead with a lawsuit against the Alberta government, arguing its sovereignty act is an infringement on treaty rights.

Onion Lake Cree Nation (OLCN) says it’s advancing its constitutional challenge of the Alberta Sovereignty Within a United Canada Act following Alberta Premier Danielle Smith’s latest position and comments on sovereignty.

“Onion Lake Cree Nation will not stand by and allow the premier to fuel ongoing rhetoric of Alberta separation,” said Chief Henry Lewis. “Alberta must be reminded that our Treaty relationship is paramount and our rights, which are constitutionally protected, will not be run roughshod over by a provincial government that didn’t exist when we entered into Treaty No. 6, in 1876.

“Our Treaty and the Constitution take precedence over any idea of Alberta sovereignty or separation. This divisive separatist talk further fuels and undermines the Treaty relationship we have with the Crown and the constitutional order in Canada.”

The provincial government introduced a bill last month, Bill 54, that would make it easier to start referenda – including one on separating from Canada.

Alberta made 11th-hour changes to the controversial proposed legislation on Wednesday, declaring no separation referendum question could threaten First Nations’ existing treaty rights. The bill passed third reading, with those amendments, in the legislature but has not yet become law.

The Cree Nation announced intentions to sue in 2022, but its legal team says that process was stayed pending a provincial election and a hope that albert would have a change of heart. For some, those hopes died with the passing of Bill 54, which will lower the number of signatures needed to trigger a referendum from about 600,000 Albertans to 177,000.

“This is based on precedence, this is based on the constitutional section that we do have those Aboriginal rights and they precede the Constitution,” said Robert Hladun, a lawyer for Onion Lake Cree Nation.

Onion Lake says it’s requested that Smith’s government file a statement of defence.

“The chiefs were clear, they want Bill 54 scrapped,” said Jodi Calahoo Stonehouse, the NDP MLA For Edmonton-Rutherford.

Chief Sheldon Sunshine of Sturgeon Lake Cree Nation says the province’s last-minute non-derogation clause means nothing to him.

“People are tired of the rhetoric, they’re tired of the direction they can see it going and not being included in some of the discussions,” the chief said. “We feel like we’re second-class citizens in our country.”

The Alberta Sovereignty Within a United Canada Act was passed on Dec. 8, 2022, and has been criticized by other First Nations and Indigenous organizations.

The legislation is aimed at asserting Alberta’s rights within Canada. It stipulates Smith’s government can take action when responding to what it deems federal overreach into provincial areas of authority, such as energy development. The response includes telling provincial agencies to flout federal laws.

The Sovereignty Act was used by the governing UCP in November 2024 to push back against Ottawa’s proposed cap on oil and gas emissions, arguing it is unconstitutional.

Onion Lake Cree Nation has a population over 6,000 and is approximately 270 kilometres east of Edmonton.

–With files from Sean Amato, CityNews Edmonton, and The Canadian Press