Despite loud opposition from First Nations leaders and the Alberta NDP, legal experts say Indigenous communities would not have the power to veto an Alberta independence referendum—even if treaties remain intact.
Canadian Constitution Foundation legal counsel Josh Dehaas told True North that while Alberta cannot unilaterally secede from Canada, First Nations do not possess veto power over a referendum or subsequent negotiations.
“There is nothing I’m aware of that would suggest that First Nations people could prevent those discussions from taking place,” said Dehaas. “Even where treaties exist within Canada, the law is clear: that it is the Crown [that] is sovereign and holds underlying title to all of the land.”
He said the Crown acts through the Alberta and federal governments, meaning those two parties would be the ones at the negotiating table.
Dehaas cited the Supreme Court of Canada’s 1998 Quebec Secession Reference, noting that a successful referendum on a clear question would trigger a constitutional obligation for Ottawa and the provinces to negotiate the terms of separation.
The legal clarity comes after an emergency meeting of Treaty 6, 7 and 8 chiefs on Tuesday, where Indigenous leaders denounced Alberta Premier Danielle Smith and Bill 54—the legislation that lowers the bar for citizen-initiated referendums, potentially enabling a 2026 vote on Alberta’s independence.
“She has no right talking the way she is because we are treaty people,” said Chief Kelsey Jacko of Cold Lake First Nations. “We’re not going anywhere—our treaties predate the province.”
Other chiefs accused Smith of stoking separatist flames and ignoring Indigenous rights.
“Any talk of separation is really insanity,” said Piikani Nation Chief Troy Knowlton. “For the province to not engage with First Nations, and to make statements like that, really shows the disrespect they have for the original inhabitants of this land.”
However, Smith said her government is still many steps away from any potential vote and would not support any referendum question that infringes on treaty rights.
“You can’t vote away treaty rights. You can’t vote away Indigenous rights,” said Smith at a Tuesday press conference. “You can’t have a referendum on things that are enshrined in our various constitutional conventions and laws, and court decisions.”
While Smith stated that her government would not be responsible for bringing forward an independence vote, she emphasized that she would respect a citizen-led initiative if it met the 177,000-signature threshold under the new legislation.
Constitutional lawyer Keith Wilson echoed the CCF’s view, saying that while First Nations would be full participants in any post-referendum negotiations, they do not have the legal authority to block Alberta’s decision to hold a vote. His comments followed an Alberta Treaty Chief throwing Bill 54 in the air out of disgust.
“Respectfully, the Chiefs would benefit from legal advice,” Wilson posted to X. “They don’t have a veto on whether Alberta separates.”
Wilson noted that Indigenous communities could choose whether to maintain their current treaty arrangements with Ottawa, transition to new treaties with a sovereign Alberta, or negotiate an entirely new framework—but only if separation occurs.
Wilson clearly outlined the legal separation process in several of his posts to X.
Firstly, any eligible voter would be able to vote in an independence referendum, with no person or group receiving special treatment. Upon a successful vote, the province of Alberta, First Nations from Alberta, the other provinces, and the federal government are legally required to engage in good-faith negotiations to establish terms.
Therefore, the First Nations would be able to remain with Canada and maintain the status quo, request that the new independent Alberta take them with the existing treaties, or negotiate new treaties with Alberta. The First Nations would make this decision for themselves.
Wilson added that thanks to the 1930 Natural Resources Transfer Agreement, the government of Alberta owns almost all of the land and oil and gas in Alberta.
A spokesperson for Smith told True North that she has stated unequivocally that she would commit to protecting, upholding, and honouring the rights of First Nations, Métis, and Inuit peoples.
“Any citizen-initiated referendum question must not violate the constitutional rights of First Nations, Métis and Inuit peoples and must uphold and honour Treaties 6, 7 and 8, should any referendum question ever pass. This is non-negotiable,” she said.