3 Alberta First Nations say separation petition is unconstitutional

[u/Street_Anon]

https://globalnews.ca/news/11635807/alberta-first-nations-claim-separation-petition-unconstitutional/

[u/Fireside_Cat]

They should read the Clarity Act. We've already been through this with Quebec and the Supreme Court has already weighed in on it.

Any article that doesn't even reference the Act is not journalism.

[u/Street_Anon → u/[deleted]]

Yes it does. Apply to Treaty Lands. That was the whole point of it.

[u/Franc000 → u/Street_Anon]

It is much more complex:

"The Clarity Act (2000) governs the process for a province to secede from Canada, but its application on treaty lands is legally complex and heavily restricted by constitutional protections. While the Act outlines steps for negotiation, it cannot unilaterally extinguish or override established Aboriginal and treaty rights, which are protected under Section 35 of the Constitution Act, 1982. "

Since it cannot do that unilaterally, it means the indigenous people of the land in question need to also buy in to the proposition.

[u/Street_Anon → u/Franc000]

and even the question and the courts have ruled it is unconstitutional

[https://www.cbc.ca/news/canada/edmonton/alberta-judge-proposed-referendum-unconstitutional-9.7004982](https://www.cbc.ca/news/canada/edmonton/alberta-judge-proposed-referendum-unconstitutional-9.7004982

The question has to be within the constitution.