THE IBA STANDS WITH FIRST NATIONS: TREATIES ARE WITH THE CROWN, NOT THE PROVINCE

The Indigenous Bar Association in (IBA) is deeply alarmed by the resurgence of separatist rhetoric in Alberta, now bolstered by the introduction of provincial legislation to make it easier to trigger referenda. These political tactics directly threaten the legal and constitutional framework that upholds Treaty rights across this country.

We stand firmly with First Nations in asserting that Treaties were entered into with the Crown, not with the provinces, and certainly not subject to the shifting priorities of provincial governments. These sacred agreements, such as Treaty No. 6, Treaty No. 7 and Treaty No. 8, predate Alberta’s creation in 1905 and extend beyond its borders into Saskatchewan, British Columbia, and the Northwest Territories.

Ms. Smith's government's last-minute amendment to the proposed legislation that would seek to assert that Indigenous and treaty rights will remain unaffected by provincial referenda displays a profound misunderstanding of constitutional and Treaty law. Treaty rights are not provincial to grant, deny, or interpret — they are constitutionally protected under section 35 of the Constitution Act, 1982 and remain binding on the Crown as a matter of national and international legal obligations.

The IBA condemns any attempt to use referenda or provincial legislation to create jurisdictional authority over lands and rights already governed by Treaty without the free, prior and informed consent of the First Nations who are signatories to these numbered Treaties. These efforts violate the Crown's honour, undermine reconciliation, and risk destabilizing this country's foundational legal relationships.

We urge all governments, institutions, and Canadians to reject political posturing that seeks to erode Indigenous rights. Upholding the Treaties is not a political choice but a constitutional duty.

The IBA is the national non-profit organization representing Indigenous (First Nation, Métis, and Inuit) lawyers (practicing and non-practicing), judges, legal academics and scholars, articling clerks and law students, including graduate and post-graduate law students and paralegals in Canada. The IBA’s mandate includes, inter alia, advocating for the recognition of Indigenous laws, legal traditions, protocols and processes; promoting the reform of policies and regulations affecting Indigenous peoples in Canada; and fostering public awareness within the legal community in respect of legal and social issues of concern to Indigenous peoples in Canada. For more information, please visit www.indigenousbar.ca.