Article by Rebel News staff.

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A lawsuit launched by First Nations groups is attempting to make the case that a province should not be allowed to separate from Canada, claiming it would be a violation of constitutionally protected treaties.

The challenge has put a pause on the certification process for signatures backing the independence movement in Alberta, a topic touched on by constitutional lawyer and activist Keith Wilson on this week's edition of The Gunn Show, hosted by Sheila Gunn Reid.

“We don't know what's going to happen with the court case,” Keith said.

“I don't think there's a good legal, factual basis,” he continued. “There's no threat to the treaties. The 1930 Natural Resources Transfer Agreement demonstrates that another level of government can step in and take over treaty responsibilities.”

Treaties signed between First Nations groups and the federal government “aren't just with the Crown — it says with his majesty, the King and all successors,” the lawyer explained, adding “it always suggested that the federal government could hand off treaty responsibilities to another entity, another level of government or a new government.”

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Barring a “strange decision” from the court, Keith said he's not actively concerned about the ruling because the counter-petition, the Forever Canadian petition for the province to remain in Canada, has already been certified.

By doing so, Premier Danielle Smith “already has a mandate” to pose a referendum on the matter — regardless of what the Forever Canadian petition's proposed question was, according to Keith.

“The reason it's not true legally is the wording for the referendum in October will be determined by the Alberta government's cabinet under the Referendum Act,” he said, noting the citizen-led initiative acts more like a suggestion, while the government must consider the Constitution when drafting a referendum question.

“The ultimate party who determines the wording of the question is the cabinet, and they're not directly bound by the wording of the question from the petitioners.”

Keith's advice to Premier Smith's government was simple: “I think they should pick a form of question that's as compliant as possible with the Supreme Court of Canada's decision and the Clarity Act, which is a question very similar to Stay Free Alberta's question.”