Onion Lake Cree Nation in Saskatchewan took legal action against the Saskatchewan First bill and Alberta’s sovereignty law.
The Treaty 6 nation filed a statement of claim against Alberta on Monday for Alberta sovereignty under a unified Canada Act, saying it is a violation of treaty and constitutional rights.
The Sovereignty Act was introduced into the legislature on November 29 by newly appointed Prime Minister Danielle Smith. The Alberta legislature passed the law on December 8 after a heated debate.
A statement of claim is a civil lawsuit to which the province has 20 days to respond.
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Indigenous leaders send strong messages about acts of sovereignty
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Indigenous leaders send strong messages about acts of sovereignty
Treaty nations only publicly rejected both bills on December 12 on the grounds that both pieces of legislation are “contrary to our Treaties and also contrary to Canada’s constitution”.
In a statement issued Monday, Okimaw (Chief) Lewis of Onion Lake Cree Nation said they “have no choice but to use the colonial courts to defend our treaty rights and sovereign jurisdiction as Alberta passed this law without any consultation of our nation.
“In fact, there is no evidence of consultation in the debates, Hansards or elsewhere, that Alberta sought any input from Indigenous peoples and treaty countries.”
Smith denied allegations that the province did not consult with the nations and indigenous community on the matter.
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“We do not comment on ongoing litigation. The Alberta Sovereignty Within a United Canada Act is constitutional and does not interfere with or undermine aboriginal and treaty rights,” said a statement from the premier’s office Monday night.
During the last legislative session, Smith said there is no difference between Alberta’s fight with Ottawa and the sovereignty that indigenous peoples have been seeking against the country for hundreds of years.
This comment led many to question whether the Prime Minister had any understanding of the treaty and treaty rights.
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While the prime minister insists the sovereignty law favors indigenous rights, the legal document released Monday by Onion Lake Cree Nation describes the law as infringing on the rights of the treaty peoples “to pursue their traditional ceremonies, associations and occupations (such as e.g. hunting, fishing and trapping, etc.), by the effective departure of the (Nation’s) sovereignty and jurisdiction.” Also that it takes away from promises made in the treaty, and “denies the guarantees of existence and liberty which the treaty was made to protect, by controlling all treaty rights and the treaty relationship of the crown in law of Canada to the to disrupt lieutenant. Governor in Council of Alberta.”
The nation asks for an apology and acknowledgment from Alberta that the sovereignty law is in conflict with the treaty and constitution, that it extends beyond the provincial Crown’s legal authority and that the law will not be enforced against the nation and its people.
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