Don Braid: First Nations challenges put sovereignty act at risk

Article content material

Premier Danielle Smith wanted only some brief weeks to lose the nice will of Alberta First Nations, after former premier Jason Kenney spent years constructing it up with nice success.

Article content material

It is not only a lack of pleasant feeling. The prime minister’s insensitivity, and the CCP’s rush to push via the sovereignty regulation, places her beacon laws in danger.

Article content material

The primary authorized problem comes from the Onion Lake Cree Nation in northeastern Alberta.

“As treaty individuals, as treaty nations, we are going to by no means enable the provincial governments to have this quantity of unchecked energy to override the guarantees and undertakings of our treaty,” mentioned Chief Henry Lewis.

That is severe enterprise. The VCP seems to have failed in its responsibility to seek the advice of with First Nations on any matter which will have an effect on treaty rights.

This responsibility has been clarified in Supreme Court docket rulings for the reason that early 2000s. The chief branches of presidency – each federal and provincial – ought to seek the advice of sensibly earlier than adopting and utilizing such a regulation.

Article content material

Even the considerate Indigenous Affairs Minister, Rick Wilson, admitted the federal government ought to have performed extra session. First Nations say there was none in any respect.

The Onion Lake swimsuit rests on this obvious failure. The case may trigger the sovereignty regulation to be declared invalid, or set its use again years to satisfy session necessities.

If this looks like simply authorized wind, keep in mind what occurred in 2018 with the Transberg pipeline undertaking.

The federal appeals courtroom overturned the undertaking’s federal permits for 2 causes — an absence of environmental overview and inadequate session with First Nations.

The undertaking has stalled. It was delayed for 2 years, at huge price, whereas officers significantly deliberated.

Article content material

Smith’s response to this looming disaster is lackluster. The VKP factors to a bit of the Sovereignty Act which states that nothing in it undermines indigenous and treaty rights.

First Nations reply, with good logic, that they’ve these rights already was violated by lack of session.

The prime minister additionally mentioned two issues that upset many leaders.

“It is not like Ottawa is a nationwide authorities,” she mentioned within the legislature.

“The way in which our nation works is that we’re a federation of sovereign, impartial jurisdictions. They’re a type of signatories to the Structure and the remainder of us, as signatories to the Structure, have the proper to train our sovereign powers in our personal areas of jurisdiction.”

Most Albertans see one thing nationwide in a authorities that writes nationwide felony regulation, raises a nationwide military, units nationwide election guidelines (not like the chaotic US), and permits cross-border vitality tasks of nationwide curiosity. (Trans Mountain could be useless if BC had its personal sovereignty regulation.)

Article content material

However Smith’s remark carried an ominous additional layer of which means. This implied that, as a result of there actually is not a nationwide authorities, Alberta may doubtlessly have sovereignty over treaty rights, that are virtually fully a matter between First Nations and Ottawa.

Smith additionally offended First Nations leaders when she mentioned they, like Alberta itself, had been victims of Ottawa oppression.

“The way in which I’ve described it to the chiefs I’ve spoken to is that they have been combating a battle for the previous variety of years to have sovereignty revered and to extract themselves from the paternalistic Indian Act.

“We’re handled precisely the identical from Ottawa. They intervene in our jurisdiction on a regular basis and we stay up for pushing again and being handled precisely like Quebec.”

Article content material

The higher case is that Alberta treats First Nations with equal disrespect.

Leaders had been offended. “I would like Premier Smith to concentrate on our considerations concerning the Sovereignty Act, reasonably than attempting to make use of our individuals in her combat towards Ottawa,” mentioned Chief Tony Alexis of the Alexis Nakota Sioux Nation.

Smith talked about Quebec as regular. There lies a lesson concerning the risks of sovereignty.

In 1980, former Prime Minister Pierre Trudeau received the purpose.

“If Canada is divisible, Quebec should be divisible,” he mentioned forward of the province’s secession referendum.

He meant that First Nations may determine to stick with Canada, successfully leaving Quebec’s jurisdiction fully.

Fifteen years later, Ottawa formally endorsed the precept of “partition” if Quebec voted to secede. The federal Liberals have indicated they’ll help “Canadian” First Nations enclaves within the north and even in Montreal.

The concern of division got here up once more within the 2014 Quebec election marketing campaign, when the separatist Parti Quebecois got here out sturdy earlier than shedding to the provincial Liberals.

Smith insists she isn’t any separatist. However the way in which she talks and acts may tempt First Nations to consider secession – from Alberta.

Don Braid’s column seems often within the Herald

Twitter: @DonBraid