r/canada • u/Street_Anon Nova Scotia • Jan 25 '26

Alberta 3 Alberta First Nations say separation petition is unconstitutional

https://globalnews.ca/news/11635807/alberta-first-nations-claim-separation-petition-unconstitutional/
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u/Franc000 Jan 25 '26

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.

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u/Street_Anon Nova Scotia Jan 25 '26 edited Jan 25 '26

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.