Alberta First Nations chiefs call on Lt.-Gov. to withhold royal assent on sovereignty act

Publishing date:

Dec 12, 2022  •  1 hour ago  •  4 minute read

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Alberta Premier Danielle Smith watches Justice Minister Tyler Shandro speak at a news conference after the speech from the throne in Edmonton on  Nov. 29, 2022.
Alberta Premier Danielle Smith watches Justice Minister Tyler Shandro speak at a news conference after the speech from the throne in Edmonton on Nov. 29, 2022. Photo by Jason Franson /The Canadian Press

Indigenous leaders are turning to Alberta’s lieutenant-governor to reject the province’s controversial sovereignty act as senior government sources speak out over the UCP’s handling of the file.

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The Alberta Sovereignty Within a United Canada Act passed third and final reading in the legislature early Thursday morning, but it has yet to be proclaimed into law. It pledges to give the province the power to refuse to enforce federal laws.

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The bill states nothing within it should be construed as “abrogating or derogating” from any existing Aboriginal or treaty rights, but that hasn’t stopped Indigenous leaders in Alberta from speaking out against it.

Treaty 8 First Nations Grand Chief Arthur Noskey told Postmedia they’ve sent a letter Friday to Lt.-Gov. Salma Lakhani to ask her to withhold royal assent. He and other chiefs are set to meet with Lakhani Monday afternoon, he said.

Noskey said the bill makes it appear Premier Danielle Smith is trying to give herself a veto over court rulings, trampling on the treaty relationships between First Nations and the Crown.

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“We are a sovereign partner with the imperial Crown,” Noskey said.

The call comes just days before the government expects the bill to be given royal assent by the end of this fall sitting, which is scheduled to go until Dec. 22. However, the premier’s office confirmed to Postmedia it could happen as early as this week.

Lakhani has previously said she would wait to weigh in until independent legal experts could examine the bill, but she considers herself a “constitutional fire extinguisher.”

On Thursday, the Mikisew Cree First Nation publicly rejected the bill, saying it violates treaties.

“The assertion that Bill 1 does not derogate from our treaty rights does not fix this,” a news release said, adding the nation is prepared to fight it.

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Before the bill passed through the legislature, on Wednesday chiefs at the Assembly of First Nations meeting said in Ottawa it needs to be withdrawn, calling it a disguised attempt to disregard treaty and gain unlawful access to Indigenous land.

‘This is a serious issue’: senior staffer

Meanwhile, a senior staffer in Indigenous Relations, speaking to Postmedia on the condition of anonymity, expressed frustration and concern with how the government developed the sovereignty act.

The staffer said consultation with First Nations during the drafting of the bill was “non-existent,” and Indigenous Relations was shut out of the process from the start.

The staffer said Indigenous Relations Minister Rick Wilson’s office had raised Indigenous concerns with cabinet, but it got “zero support from leadership.”

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A separate senior government source, also speaking on the condition of anonymity, corroborated those claims, adding there was no Indigenous stakeholder engagement plan during the development of Bill 1.

The Indigenous Relations staffer said it appeared Smith was sloughing off the issue and expecting it to blow over.

“It’s not — this is a serious issue.”

“It has me so frustrated and minister (Wilson) so upset that we’re the ones that are having to bail out the government on this,” the staffer said.

  1. NDP Leader Rachel Notley, left, and Premier Danielle Smith.

    Smith won’t send Alberta sovereignty act to courts for opinion after calls from Notley

  2. Alberta Premier Danielle Smith's sovereignty bill galloped toward the finish line Wednesday, with the government using debate time limits to rebut what it called Opposition delay tactics. Smith speaks at a press conference after the throne speech in Edmonton, on Tuesday, Nov. 29, 2022.

    Alberta passes sovereignty act, but first strips out sweeping powers to cabinet

“We’re seeing all our relations we built just sort of go up in smoke, which is unfortunate.”

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On Sunday, Hadyn Place, a spokesman for Wilson’s office, said in a statement in response to the staffer’s comments the premier and Wilson have held meetings with several Indigenous groups and reached out to a variety of Indigenous leaders since First Nations chiefs raised concerns.

“That work will continue and more meetings are planned,” he said.

When pressed in question period in the legislature Thursday about her government’s decision to not consult with Indigenous communities ahead of introducing Bill 1, Smith said she was happy to meet with chiefs and the Kee Tas Kee Naw Tribal Council (KTC) — after the bill had passed.

The meeting saw the signing of a memorandum of understanding between the province and KTC on mental health and addiction supports, but also covered the Alberta Sovereignty Within a United Canada Act and other topics, Place said.

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In the legislature, the premier has also pointed to the advice she has gotten from Chief Billy Morin, former Enoch Cree Nation chief and grand chief for the Confederacy of Treaty 6.

“All the way through this process he has been giving me feedback. It’s part of the reason why asserting the rights of our Indigenous communities is central to the legislation. It’s right there in the opening statements of it,” Smith said Wednesday.

Wilson, for his part, has told reporters he has spoken to leaders and will continue to work with First Nations.

“Should we have done more consultation? Absolutely,” Wilson said Wednesday.

lijohnson@postmedia.com

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