An Alberta First Nation is challenging the Premier's sovereignty act following the Province's move to lower the threshold for a separation referendum. It includes changes to election misconduct investigations and the prohibition of mail-in ballots for constitutional referendums.

Premier Danielle Smith has defended the Alberta Sovereignty Within a United Canada Act as necessary to counter what the Province considers unconstitutional federal overreach into its jurisdiction.

CTV News reports that Onion Lake Cree Nation, located on the Alberta-Saskatchewan border, believes the Act conflicts with its Treaty 6 relationship with the Crown.

Greg Desjarlais, grand chief of the Confederacy of Treaty 6 First Nations, urged the government to repeal the bill, stating there is no treaty with the Province, only the Crown.

"I want to respectfully remind the Premier that this land that we stand on today is treaty land and is not yours to take or make sweeping decisions about," Onion Lake Chief Henry Lewis told reporters yesterday. He made the remarks on the Alberta Legislature grounds in front of hundreds of supporters.

Following the passage of legislation by Smith's government that significantly lowers the requirements for citizen-initiated referendums, including on secession, Lewis announced the advancement of a legal challenge.

Smith has repeatedly said that Alberta wishes to remain in Canada, but Lewis contends the referendum legislation indicates a separatist aim. She clarified that any referendum question must respect Indigenous constitutional rights and treaties.

She's also said the latest bill is about giving Albertans a say on whatever issue is important to them through direct democracy.

Justice Minister Mickey Amery amended the referendum bill to include a clause ensuring that referendums do not infringe upon existing Indigenous treaty rights.

First Nations representatives remain critical, arguing the amendment is insufficient to protect their treaty jurisdiction and that the legislation itself is a breach of treaty rights.

In 2022, Onion Lake filed a claim but paused it to seek a resolution with the government. Lewis commented, "It's nothing," when asked about the Province's assertion that it respects treaty rights.

First Nations leaders, according to Desjarlais, will seek to reaffirm their treaty with King Charles III and plan a separate trip to Ottawa without Smith.

Minister Amery told the Epoch Times yesterday that the government will file its statement of defence in response to the lawsuit "in due course."

Another lawyer representing the community claims the Act undermines Onion Lake Cree Nation's sovereignty and jurisdiction, requesting a court ruling on its legality.

Smith previously tabled two sovereignty act motions as premier, one to counter the electricity regulations and another to oppose the oil and gas production cap.

A court challenge to a federal bill can only occur after it passes Parliament. 

The legality of Alberta's sovereignty act has not yet been court-tested.

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