By Corinne Benson
I went to a press conference on May 15 that was called by Onion Lake Cree Nation (OLCN). With the talk of a referendum to promote Alberta separation from Canada, First Nations are taking the lead in opposition to this proposal. The approach includes a legal avenue with a prominent show of solidarity through a large demonstration.
The Alberta Sovereignty Within a United Canada Act (Sovereignty Act) was passed as Bill 1 on December 15, 2022. As part of a legal process, OLCN is advancing a constitutional challenge, and has requested Danielle Smith’s government to file their Statement of Defence. This forces Alberta to defend its position in passing the Sovereignty Act and relying on it to encourage separatism.
At a press conference near the Alberta legislature, Onion Lake Creen Nation announced it is moving its litigation forward in response to the premier’s ongoing rhetoric about entertaining a separation vote. A response in expected on June 6.
This year’s Bill 54 Election Statutes Amendment Act made a number of changes but the significant one in relation to the Sovereignty Act is that of lowering the threshold for a citizen-led referendum to 10 percent of people who voted in the last election. It would previously have taken 20 percent of eligible voters. The bill would also allow 120 days to gather signatures, a boost from the previous 90 days.
OLCN Okimaw (Chief) Henry Lewis stated that “Onion Lake Cree Nation will not stand by and allow the premier to fuel ongoing rhetoric of Alberta separation. 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.
“Onion Lake is prepared to defend our Treaty, our People and Lands to ensure that our constitutionally recognized and protected rights are not trampled on by a separatist agenda. 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.
“Onion Lake Cree Nation has been clear from the outset that the Province of Alberta does not have jurisdiction over Treaty lands or Treaty Peoples. Any attempt by Alberta to assert exclusive control over these Lands is a violation of international law, Canadian Constitutional law, and of Treaty. This about protecting our future, our lands, and our Treaty.”
The Treaties were signed well before Alberta became a province.
One of the significant expressions that came through during the overall press conference was one of dismissal and disrespect. When the original Sovereignty Act was passed there was a lack of consultation.
Asked by City News how he felt when people call for separation, Chief Lewis said he felt dishonoured. When the interviewer said the premier says she respects treaty rights, and that there is a clause in the referendum that nothing in the referendum deviates from treaty rights, Chief Lewis answered that, “It was nothing. In all my years in leadership when we negotiate agreements that clause is always in there. Guess what? They don’t follow it. It is nothing.”
The OLCN Chief’s overall message is that the treaties were negotiated with the Crown, not the province, so he is planning a trip to Ottawa and wants to meet with the King.
The press conference stated that the essence of the challenge is to protect traditional ceremonies, hunting, gathering, fishing and trapping. Statements from an elder noted that the original understanding on the part of the Indigenous signers was that the land was to be shared only enough to provided housing, water and food.
Later in the day, hundreds of people demonstrated at the provincial legislature. Many First Nations had their national flags as well as flags for Treaties 6,7 and 8. A lot of women were dressed in ribbon skirts and Chiefs in eagle headdresses – the visual display was impressive, and the representation in drums and song also was moving.
It is great to see and hear a strong response to Alberta separatism, and it is even more heartwarming to see this being led by First Nations in Alberta.
“Separation” in the service of Big Oil
But from an environmental point of view, more needs to be said about the further consolidation of control of the province, coming from the oil and gas industry as well as other large corporations. There is already considerable destruction of the province by the corporate sector with the tar sands, the potential dumping of tailing ponds into the Athabasca River, the potential reopening of the coal mines in the eastern slopes of the Rockies, failure to clean up orphan wells, and poor health outcomes in areas like Fort McKay. The evidence of negative effects from climate change is seen in horrible forest fires and water shortages in southern Alberta.
With provincial separation, and with the present government showing very little care for the environment or the health of its population, the trend could become even more severe. These environmental concerns are not being directly addressed in as unified a way as the Indigenous approach, which is primarily one of jurisdiction and sovereignty.
Some bits of environmental concern did surface in the press conference. One man from an environmental organization asked Chief Lewis if he was willing to fight for Treaty people to live in a good environment, and he answered with a strong “yes.”
In the past, the federal government has tried to have some moderating influences on these potentially disastrous provincial trends, and this is probably what many environmentally minded people hope to continue. This will need strengthening, by adding as many sectors as possible to the struggle that Indigenous people are leading.
[Photo: Theo Voaklander]
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