Secession and Treaty Rights under s 35 of the Constitution Act
Presented by the CBA Alberta Aboriginal Law & Constitutional & Human Rights Law (North) Section
The Government of Alberta has decided to include a question on provincial secession from Canada in the October 2026 referendum. Beyond concerns about the question’s clarity and constitutionality, the premier’s decision overlooks two Court of King’s Bench rulings holding that Indigenous section 35 rights should have been considered at this stage of the process. Justice Feasby focused on a provision in the Citizen Initiative Act that would have required Alberta to consider treaty rights. After that provision was removed through legislative amendment, Justice Leonard concluded that the duty to consult had nonetheless been triggered and that Elections Alberta’s acceptance of the “Stay Free Alberta” proposal, particularly in light of Justice Feasby’s earlier ruling, was unreasonable. This talk examines the possible outcomes of Alberta’s appeal and the broader legal implications of the case. In particular, it asks whether the duty to consult is limited to development proposals, as the premier argues, and what this appeal may mean for the treaty relationship and reconciliation in Alberta.
PRESENTER
Professor Rebeca B.Macias Gimenez (University of Alberta, Law)
MEETING DETAILS
| Date: |
Monday, June 22, 2026 |
| Time: |
12:00 Noon (MT) |
| Location: |
CBA Alberta Edmonton office
1501, Rice Howard Place, Tower 2 | 10060 Jasper Avenue NW, Edmonton |
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