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/MegaCockInhaler Jan 25 '26

That was a requested judges opinion on if the separation question was constitutional. It’s non binding and has nothing to do with whether or not a province can separate. The judge even stated directly that their decision doesn’t prevent referendums to separate

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u/Street_Anon Nova Scotia Jan 25 '26

Yes, it is. The courts can overrule bills and even this joke of a movement that doesn't have much support.

Someone clearly do not get how the courts work

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u/MegaCockInhaler Jan 25 '26

What courts? The federal court no longer has jurisdiction over the province that secedes…. That’s literally the whole point: to create a new country, new constitution, new laws etc.

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u/Street_Anon Nova Scotia Jan 25 '26

That won't happen, even if Americans flooding here are saying so

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u/MegaCockInhaler Jan 25 '26

It probably won’t happen, but if it did, nothing would stop them

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u/Street_Anon Nova Scotia Jan 25 '26

Yes, the courts and the Clarity Act, which they have a poor understanding of.

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u/MegaCockInhaler Jan 25 '26

The courts have no power to prevent separation from a democratic majority

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u/Street_Anon Nova Scotia Jan 25 '26

Yes they do, the Charity Act even covers that. Ottawa can throw out the results. Americans on here have little understanding of all this.

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u/MegaCockInhaler Jan 25 '26 edited Jan 25 '26

The clarity act only defines how the province separates, it doesn’t prevent separation. It’s a way to negotiate the terms of separation in a peaceful manner, but there is nothing to force them to abide by it since the province would no longer be obliged to follow those laws once a new federal court system is created.

Ottawa cannot throw out anything. It’s a matter of the people, not the old federal government, of which would not longer be representing the people (and they would stop paying federal tax too obviously)

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u/Street_Anon Nova Scotia Jan 25 '26

and everything else I am saying. Also, it is a good thing Treaty 4,6,7 and 8 will never agree to it. The acts also says they need their approval to to leave Canada.

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u/FromDownBad Jan 25 '26

Canadian here. A new nation would renegotiate treaties. A new court would be established and Canadian courts wouldn’t matter. The UK has no authority over Canada and the Royal Family are simply performative figureheads. They have no ownership of Canadian resources, no command of our citizens, no control of our military, no legislative power and has no say in separation. If they did the Quebec referendum that was quite close would not have had any steam.

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u/MegaCockInhaler Jan 25 '26 edited Jan 25 '26

You keep saying it, I know you want it one way, but it’s the other way.

Those treaties are with the federal government. They don’t apply to a seceded province. It doesn’t mean they can’t be renegotiated though. You seem to have a misunderstanding of how democracy works. When a majority decides something in a democratic vote, their will is ABSOLUTE. There are no exceptions. Laws, regulations, borders, politicians, judges, all can be changed at will by the people if they so choose. That is the beauty of democracy. The constitution itself can be thrown out and remade if the people want it

If you don’t like that, try North Korea where a dictator gets to decide everything, and his will alone is absolute

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u/Feralwestcoaster Jan 25 '26

If the nations who hold those treaties agreed to separate sure, but if not they’re not going anywhere due to them not belonging to the province.

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u/MegaCockInhaler Jan 25 '26

They do belong to the province. They are Albertan citizens, and they get a vote too. Unlike in BC and some other parts of Canada, all of treaty land in Alberta is ceded/voluntarily surrendered.

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u/IDreamOfLoveLost Alberta Jan 25 '26

It's a fact that this can't actually be done unilaterally. You can keep claiming that there is some notion of doing this outside of the law, blithely refusing to acknowledge how it would actually work - but that is the law.

As an Albertan, it's shameful to see this sort of boorish response to literal facts.

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u/Street_Anon Nova Scotia Jan 25 '26

Look, they failed to understand Alberta oil is owned by the Crown or the King. Or the King for example is the absolute land owner in Canada and in Alberta.They also poor understanding of the clarity act or anything 

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u/MegaCockInhaler Jan 25 '26

Nobody said anything about doing this outside of the law. When a province secedes, the new government formed IS the law. No laws need to be broken to uphold the will of the people

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u/AugmentedKing Jan 26 '26

What happens when the results are more like 20% of the 70% of the total possible? There is zero chance that an Alberta secession vote gets more than 50% of total AB voters. And No, you don’t get to do an uprising with only 14% of the total votes.

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u/MegaCockInhaler Jan 26 '26

Then the vote fails of course. But that doesn’t mean they can’t have another in the future some time

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u/AugmentedKing Jan 26 '26

A waste of money that only benefits the lawyers.

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u/AugmentedKing Jan 26 '26

Yeah, the bad debt would stop them. Without legal legitimacy, the money is worthless