Further to the Blood Tribe’s April 13, 2026, Community Notice, I am pleased to report that yesterday, the Court of King’s Bench of Alberta released two decisions in relation to the joint legal proceeding the Blood Tribe brought together with the Piikani Nation and Siksika Nation. As reported in our earlier Community Updates, this legal proceeding challenged the approval of a citizen-led petition that would have placed Alberta’s separation from Canada on a referendum ballot.
Both decisions released by the Court are completely in our favour. This is a meaningful and resounding legal victory for the Blood Tribe, the Blackfoot Confederacy, the Blackfoot Treaty, and for the Treaty relationship our ancestors established with the Crown.
WHAT THE COURT DECIDED
Justice Leonard quashed the decision of Alberta’s Chief Electoral Officer which issued the petition proposing Alberta’s separation from Canada. This decision means the petition for Alberta separation cannot proceed under the process created by the Citizen Initiative Act.
The Court ruled in our favour on several independent grounds. Among other reasons, the Court found that the Chief Electoral Officer of Alberta made a legal error when he approved the petition proposal for Alberta separation, because he did not consider a previous decision of the Court which found that a petition proposal for Alberta separation would contravene historic Treaties between the Crown and First Nations, including the Blackfoot Treaty of 1877.
Most importantly for the Blood Tribe, the Blackfoot Confederacy Nations, and First Nations across Alberta, the Court found that the Crown failed to carry out its constitutional duty to consult in relation to this petition. The Court found that the Chief Electoral Officer’s decision to approve the petition triggered Alberta’s duty to consult with First Nations, and that Alberta breached that duty by not consulting any First Nation in Alberta in relation to the petition.
On this point, the Court accepted what we have said from the beginning: that the Crown knew our Treaty rights were at stake because of the nature of this petition; that approving the petition set in motion a process that would require Alberta to hold a referendum on separation and implement the results of the referendum if it passed; and that such an outcome would create direct and adverse effects on our Treaty rights.
THE RECUSAL APPLICATION
In another decision issued by the Court yesterday in relation to these legal proceedings, the Court dismissed an application by Mitch Sylvestre — the proponent of the petition proposal for Alberta independence — that asked Justice Leonard to remove herself from the case on the basis of alleged bias.
That application for recusal was brought after the Court had heard arguments from all the parties and made a decision pausing the petition from moving forward under the process provided by the Citizen Initiative Act, as reported in the Blood Tribe’s Community Notice dated April 13, 2026.
“I do not accept the Applicant’s arguments and explanations for the reasoning and timing behind this Application. I do not accept this Application was brought in good faith.”
— Justice S. Leonard, Court of King’s Bench of Alberta
The Court dismissed the recusal application in its entirety. The Blood Tribe echoes the comments of Justice Leonard and commends her for her efforts in deciding the recusal application quickly and comprehensively.
WHAT HAPPENS NEXT
Both Mitch Sylvestre and the Government of Alberta have publicly stated that they intend to appeal Justice Leonard’s decisions. The Blood Tribe is prepared to continue defending our Treaty rights and Treaty relationship through any appeal and any further proceedings that follow.
Today’s decisions are not the end of this work. The proponents that brought this petition forward have not gone away, and we expect this fight will continue in some form. We are fortunate to celebrate today as a day to recognize what our Nation and our Confederacy have achieved, together with our allies, and to be reminded that our Treaty is alive, it is binding, and it will continue to be defended.
ACKNOWLEDGEMENTS
The Blood Tribe acknowledges and thanks our allies in these legal proceedings, Athabasca Chipewyan First Nation and Sturgeon Lake Cree Nation, who have worked side-by-side with the Blackfoot Confederacy Nations throughout these proceedings. We also acknowledge the Treaty 6 and Treaty 8 Nations who have spoken out alongside us in defence of Treaty.
The Blood Tribe takes this opportunity to thank our knowledge keepers and Elders who shared and passed along their understanding of the Blackfoot Treaty, our Treaty relationship, and the Blood Tribe’s approach to Treaty making. This oral history has been a crucial component of the evidence in the Blood Tribe’s ongoing legal challenges against the Alberta separatism movement.
Finally, we thank Councillor Dorothy First Rider, who was appointed by Council to provide affidavit evidence in support of these legal challenges, as well as Blood Tribe Tribal Government and External Affairs, for their tireless efforts in defending the rights and interests of our Nation and our Members at all times, and our legal counsel for their expert support during this legal proceeding.
Aakaayaamihtsinima
Chief Traveller Plaited Hair
On behalf of Blood Tribe Chief and Council
