The Blood Tribe is firmly opposed to recent efforts to promote Alberta’s separation from Canada and to changes in Alberta law that weaken protections for our Treaty and Aboriginal Rights.
As Blood Tribe members will be aware, the Blood Tribe was recently involved as an intervenor in a lawsuit involving the proposed separation of Alberta from Canada.
The Alberta Separation Case occurred because the Chief Electoral Officer of Alberta received a proposal made by the Alberta Prosperity Project in July 2025 which stated the following question:
“Do you agree that the Province of Alberta shall become a sovereign country and cease to be a province in Canada?”
After receiving this question, the Chief Electoral Officer asked the Court whether the question contravened the Constitution Act, 1982.
Justice Feasby, the Judge who was hearing the Alberta Separation Case, was very interested in hearing the perspective of the Blackfoot Confederacy Nations, especially on the issues of Treaty Rights and international borders and granted intervenor status to Siksika, Piikani and the Blood Tribe.
The Blood Tribe provided written and oral submissions and argued that the proposed question did in fact contravene the Constitution Act, 1982. Justice Feasby agreed that the proposed question contravened the Constitution Act, 1982. In reaching this decision, he relied on and adopted evidence and argument by the Blood Tribe and made some important findings relating to the arguments advanced by the First Nation intervenors, including the Blood Tribe. Some of his findings include:
- Alberta cannot simply be substituted for Canada as the government responsible for fulfilling treaty obligations without the consent of First Nations.
- Having provincial and territorial borders being turned into international borders would significantly impair the exercise of Treaty Rights by First Nations.
- Alberta Independence would contravene the Numbered Treaties both as a matter of law and as a practical reality by proposing to remove Canada and substitute an independent Alberta as the party responsible for fulfilling treaty obligations.
Justice Feasby was very critical of Alberta’s position on the issue of protection of Treaty and Aboriginal Rights and made the comment that Alberta’s argument on this point was not just wrong, it was dishonourable. Justice Feasby said that true reconciliation demands that governments do better.
Despite Justice Feasby’s strong criticism of Alberta’s actions, namely trying to change the law to avoid the decision in the Alberta Separation Case, Alberta still went ahead and changed the law through Bill 14. Importantly, the final version of Bill 14 (Justice Statutes Amendment Act) removed the ability of the Chief Electoral Officer to ask the Court whether a referendum question is constitutional. Now, only the Alberta Minister of Justice has this power.
A new petition is now being circulated with slightly different wording:
“Do you agree that the Province of Alberta should cease to be a part of Canada and become an independent state.”
If enough signatures are collected, Alberta will be legally required to hold a province-wide referendum on independence.
The Blood Tribe stands with other Treaty Nations in firm opposition to this petition and all the efforts to undermine and erode the foundations of our Treaty relationship. Alberta cannot even ask a separation question without our consent. The Blood Tribe has made its position known to the Alberta Government and is actively exploring all available legal avenues to protect and uphold our Treaty and Aboriginal Rights, our Treaty relationship and our traditional territory.
The Blood Tribe will continue to keep Members informed about Court developments, legal challenges and any actions affecting Treaty and Aboriginal Rights.
Our Treaties are sacred and our consent matters. Our rights are not negotiable.
