Sorry, but no deal
By Lethbridge Herald on October 17, 2025.
HERALD PHOTO BY JOE MANIO
University of Lethbridge (UoL) President of the Indigenous Alumni Chapter and Kainai Board of Education Dr. Mike Bruised Head gives a presentation at the Southern Alberta Council on Public Affairs (SACPA) titled: "What happens to Indigenous lands should Alberta decide to separate?"Joe Manio
Lethbridge Herald
Local Journalism Initiative Reporter
The Alberta Prosperity Project has promised that First Nations treaty rights would remain unaffected if Alberta separated from Canada, and that First Nations would actually benefit from being free of federal restrictions and see their prosperity jump, along with the rest of the province under the separatist plan.
Not so fast, say leaders from signatory nations to Treaties 6 and 7 who have expressed concerns that Alberta’s separatist actions could infringe upon their treaty rights.
First Nations chiefs have said a referendum on separating violates their treaty rights negotiated with the Crown (represented by the federal government) and are ready to duke it out in court all the way up to the World Court if necessary.
Separation from Canada has raised numerous additional unanswered questions including issues of currency, passports, defense, healthcare and treaty land.
“If we’re going to erase everything that we called Alberta…well, the treaties were signed in 1877 prior to Alberta joining the Confederation in 1905,” said Mike Bruised Head, President of the University of Lethbridge’s Indigenous Alumni Chapter and Chairman of the Kainai Board of Education “Well, let’s say we had the old blackboard and we erased the chalk and started from scratch…wouldn’t the land, ideally and philosophically, all go back to the Blackfoot people? Think about it.”
Bruised head was giving a presentation Thursday to the Southern Alberta Council on Public Affairs (SACPA) titled “What happens to Indigenous lands should Alberta decide to separate?”
Alberta’s First Nations strongly opposed Bill 54, also known as the Election Statutes Amendment Act. The bill has been widely-viewed as opening the door for a referendum on Alberta separating from Canada—a move First Nation leaders say disregards Canada’s relationship with Indigenous signatories to the numbered treaties.
The disregard of the treaty relationship has also been expressed as being against treaty rights. The effort to protect treaty rights often focuses on the legality of a referendum to begin with, and has been attacked on multiple fronts.
Does the Constitution allow for separation? First Nation leaders point out that it’s founded on the historic relationship between First Nations and the British crown. It is not possible to dissolve the treaty relationship unilaterally because Indigenous collectives have independent sources of political authority that are not dependent on the goodwill of Alberta or Canada.
“How can (separatists) negotiate a treaty, nation-to-nation?” asked Bruised Head. “We negotiated with the Crown of England that Canada has a fiduciary responsibility to carry out those treaties.I think this whole thing is kind of reawakening that we are all treaty, not just the designated First Nations.”
From an Indigenous legal perspective, lawyers have argued that within Plains Indigenous tradition, land was communally held, not just within a community but with other living beings. When Indigenous Peoples signed treaties, land was not held exclusively by humans so First Nations people could only negotiate the ability of humans to share the land with each other.
From this standpoint, the only land rights Alberta holds is to share the land with Indigenous Peoples and does not have the right to legally separate. From the perspective stated in numerous media releases from over a dozen First Nation governments and organizations, the results of a referendum are inconsequential because such an action is unlawful from the get go.
Even if deemed constitutional, separation is still not supported by the majority of Albertans, said Bruised Head. In terms of those who support separation, Albertans really need to ask hard questions before supporting it.
“Nothing is good about separation. I don’t think they’re doing their homework. We can no longer go on hearsay. We have to come together, because this is affecting all of us. We need to stand up and be united and not allow the separatists to minimize all these things.”
16-15
I am completely opposed to Alberta separating from Canada! When Quebec brought up separation, more than once, I looked at what would be left of that province if they separated, because the Indigenous would remain in Canada.
Those Indigenous lands, as in Alberta, would be patched marked all over the province. Quebec back then didn’t bring that up, they didn’t state how much of that province would remain within Canada.
I also know that our Premier is only allowing this because of the large numbers who continue to express concerns. It is part of a democracy!
We have allowed small groups to have their say and change policy over the last 15 years whether it was bikelanes, Supervised Consumption Sites, or other groups, and those groups had much less per capita representations on the matter.
In this case of separation, at times surveys have seen numbers of over 30%, which is significant.
But . . . I highly doubt you would ever see enough people sign a petition for a referendum, let alone if that referendum was allowed, see enough votes to separate. In fact, if there were a referendum to separate, I doubt you would see 15% say YES!
The Premier knows it and she is only allowing due process to play out in a democracy. She is not part of the Alberta Prosperity Project Project, but understands that when you see high numbers in surveys as we saw, that she would listen.
From what I have heard, what the Premier wants, is what is promised in the Confederation agreements, and wants the equalization payment formula amended to be more fair!
There is little chance you would ever see Alberta separate, and with the current unstable global climate, we need to stand united, from sea to sea to sea!
I tend to agree with your perspective. Though I’m not sure if this is ‘just democracy’ or ‘just politics’: ginning up the base to distract from some pretty questionable governing.
As for surveys, are they measuring considered opinion or are they reflecting the effectiveness of the manufactured opinion?
It’s great the Dr. Bruised Head is adding some clarity on the treaty relationships involved in the UCP shenanigans around separation.
I’m not giving Smith credit for being democratic and giving a voice to the small minority whom advocate for separation. She supports separation as shown by her kissing up to Trump and his minions after his 51st state comment. Also, the separatists are likely much less 30% of Albertans but a large core of her supporters whom she needs to keep in her camp. She will not win the next election and will be lucky if she survives a UCP vote of confidence. Meanwhile the group against separation will soon have their +300k signatures then Smith will have to decide whether to bring the issue to a full vote by Albertans. I won’t be surprised if she finds some reason not to acknowledge this poll as it doesn’t fit her agenda and would anger her separatist base.
Smith will possibly call an election prior to any referendum. A referendum is effectively a confidence vote for the UCP. She won’t risk that – she’ll spin it as demoocracy in action, as PD said above. She also has the option to bury it with the risk of losing the separatist base, as you suggest