Alberta NDP Leader Naheed Nenshi has launched a campaign accusing Premier Danielle Smith of pushing separatism, despite Smith repeatedly stating she does not support Alberta leaving Confederation and would not lead a referendum on the issue.
The campaign website, Separatist Smith, claims that Smith wants Alberta to “leave Canada” and is “aggressively push[ing] a radical separatist agenda.” It also urges Albertans to “tell Danielle Smith to shove her separatism back in the closet where it belongs.”
The launch follows the Alberta UCP announcing Bill 54, which lowered the threshold for citizen-initiated referendums from 600,000 to 177,000 signatures. The decrease changed the requirement to just 10 per cent of ballots cast in the last general election, lowered from the previous requirement of 20 per cent of all provincial registered electors.
The legislation allows Albertans to bring forward referendum questions on major policy matters, including separation, but only if the required number of signatures is met within 120 days, up from the previous 90-day window.
In her Tuesday press conference, Smith said she does not support separation and that her government would not draft or promote a referendum question on independence.
“I specifically said we would not be bringing forward as a government a question on the issue of independence,” said Smith. “So it would be up to individuals to draft that question and go through a process with lawyers that they might consult.”
Smith added that any referendum question must respect constitutional rights, including those of Indigenous communities.
“You can’t vote away treaty rights. You can’t vote away Indigenous rights,” she said. “You can’t have a referendum on things that are enshrined in our various constitutional conventions and laws, and court decisions.”
Nenshi and the Alberta NDP have insisted the premier’s support for Bill 54 is equivalent to promoting separatism.
Smith has also stated that she wants support for separation to go down, not up, and that she is focused on negotiating a stronger deal within Canada.
NDP MLA Brooks Arcand-Paul claimed that Smith was already impacting Indigenous treaty rights simply by allowing a referendum framework to exist.
Nenshi further alleged that while Smith unequivocally said that no referendum would be allowed to infringe on treaty rights, “every referendum question will infringe on treaty rights.”
However, multiple constitutional experts say this interpretation is inaccurate.
Josh Dehaas, legal counsel for the Canadian Constitution Foundation, told True North that neither First Nations nor any other group can veto a referendum or the constitutionally mandated negotiations that would follow.
“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 cited the Supreme Court’s 1998 Quebec Secession Reference, which established that a province voting for independence on a clear question would trigger a duty on Ottawa and the provinces to negotiate, though not necessarily to grant secession.
Constitutional lawyer Keith Wilson echoed Dehaas’ interpretation and posted on X that “the Chiefs would benefit from legal advice.”
“A vote for separation or its implementation does not alter treaties unless First Nations choose to amend them,” said Wilson. “First Nations hold the authority to decide if any changes happen to their treaties under Canadian law, but they don’t have a veto on separation.”
Wilson explained that after a successful referendum, First Nations would have the option to remain under federal jurisdiction, request Alberta take over treaty administration, or negotiate new terms with a sovereign Alberta.
Premier Smith also reiterated in a statement that “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.”
While Smith is not advocating for any petition from her government, Nenshi has called on Albertans to sign his own petition on his new website.
“Disappointing to see Nenshi dismiss the value of democratic choice. Denying citizens a vote on critical issues reflects an authoritarian mindset, prioritizing control over representation,” said Wilson.