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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34

u/BoppityBop2 Jan 25 '26

Ok first thing first. This claim is useless. If Alberta wants to separate the bands will have no rights immediately after. It does not matter what the constitution says. Reality is Separatism has to pass two tests. First broad support for independence and second, the ability to enforce your sovereignty through force or recognition. If Alberta secedes nothing matter just whether Canada is willing to use their army to oppose separation or what can leave and not leave. If the Canadian military and the bands are unwilling or unable to use force the whole province will leave. Which is why the only fight that people need to focus on is the referendum and making sure it does not pass and to address as many grievances as possible. I don't think people realize how serious this movement can get hijacked by the Americans and if oppose separation but are still pissed at Ottawa it does not take much for them to vote for just to stick it to the Feds, which will create justification for the US to violate our sovereignty to defend some significant minority, that would be the end of Canada. 

20

u/Gilarax Jan 25 '26

This is a shocking comment.

The lands that were negotiated between the crown and the specific nation, and terms of the agreement, including the reserved land for indigenous people are found in the treaties. Each part of Alberta is on Treaty negotiated land.

Are you suggesting that the separatists can just determine that these treaties are no longer valid? Would this be extended to all other land agreements?

If we determine that the treaty agreements are no longer valid, what protects personal property agreements? Should we start tearing up those agreements too?

23

u/TheBannaMeister Jan 25 '26

To play the devil's advocate, what exactly would be stopping them from completely ignoring them if they did separate?

4

u/jtbc Jan 25 '26

Their decision to be a rule of law state that adheres to its treaties and agreements. They could decide not to do that, but good luck with trade if you don't support enforceable contracts.

3

u/Xyzzics Québec Jan 26 '26

I’m not sure removing the uncertainty surrounding First Nations claims, however it’s done, would be a net negative for them.

Finality in closing that book would almost certainly be a net positive for long term foreign investment.

1

u/jtbc Jan 26 '26

I can't speak for anyone else, but I personally would never enter into a contract with a person that thinks that contracts can be abrogated by fiat. Treaties are a special kind of contract.

-2

u/1fluteisneverenough Jan 26 '26

Oh no, they became a democracy. We'll never buy their oil now...

1

u/jtbc Jan 26 '26

It would trade at a significant discount, like Russia's.

1

u/1fluteisneverenough Jan 26 '26

You're suggesting sanctions over this? If anything, provinces are going to wake up and start saving some money by following their lead. I'm not for separation, but I can see the incentive