Blood Tribe Chief and Councillors provide this further Community Notice to update Members on the Blood Tribe’s legal challenge to the citizen-led petition seeking Alberta’s separation from Canada. This Community Notice also provides an update on the appeals that have been filed since the Blood Tribe, Piikani Nation, and Siksika Nation achieved total success before the Alberta Court of King’s Bench in our challenge to the petition.
The Court of King’s Bench Decision
As reported to Members on May 14, 2026, the Blood Tribe, Piikani Nation, and Siksika Nation were entirely successful in our judicial review challenge. The Court invalidated the approval of a citizen-led petition that would have placed Alberta’s separation from Canada on a referendum ballot and found that the Government of Alberta had failed to discharge its constitutional duty to consult First Nations before authorizing the petition.
The Appeals
Since the decision, both Mitch Sylvestre (the proponent of the petition) and the Government of Alberta have filed appeals of the Court of King’s Bench decision.
The Government of Alberta’s appeal asks the Court of Appeal of Alberta to issue a declaration that the Crown’s duty to consult is not engaged when the Crown authorizes an “initiative petition”. This is a radical request aimed at immunizing a category of Crown conduct from the scope of the duty to consult altogether. Given the nature of this petition and the profound consequences it would have for First Nations in Alberta if allowed to proceed unchecked, the Government of Alberta is signalling clearly how it views the constitutionally protected rights of First Nations and our Treaty relationships.
The Government of Alberta’s appeal was filed only days ago, and more work needs to be done to determine the full implications of the requests Alberta is making of the Court of Appeal. What is already clear is that the victory secured by First Nations in the Court of King’s Bench has been met with significant and deliberate opposition from the Government of Alberta and the proponents of separation.
These appeals will have lasting and nationwide implications for the protection of the constitutionally protected rights of the Blood Tribe and our Members. The Blood Tribe will vigorously oppose these appeals and will continue to advocate for the recognition of our Treaty, our rights, and the rights of Indigenous peoples and First Nations across the country.
Standing with Treaty Nations
The Blood Tribe takes this opportunity to say again that it stands with all Treaty Nations in opposing any effort to undermine the foundations of our Treaty rights and Treaty relationship, whether that effort comes in the form of litigation, legislation, or proposals to amend the Constitution itself.
The Blood Tribe will continue to update Members as the matter progresses.
Blood Tribe Chief and Council
Blood Tribe/Kainaiwa
