‘It’s First Nations that are defending the Crown’: Chiefs oppose separatism at AFN assembly

First Nations chiefs from Alberta say they are on the frontlines fighting separatists in their province, and are calling on the federal government to step up, after chiefs voted unanimously in favour of an emergency resolution opposing separatism at the Assembly of First Nations' annual assembly.

And while Alberta First Nations leaders say they have "bought Canada time" through their ongoing court battles against separatist groups, they say doing so has come at a cost, with some leaders facing rising hate and harassment both at home and during their time in Ottawa for the Assembly of First Nations' (AFN) annual gathering.

“The only way to do things sometimes is collectively,” said Grand Chief Joey Pete of the Confederacy of Treaty 6 First Nations in Alberta, one of the chiefs behind the resolution tabled at the assembly, which was held at the Rogers Convention Centre in downtown Ottawa.

“We have to assert our jurisdiction and territory when it comes to this whole separatist regime.”

The resolution—also put forth by Sunchild First Nation, a Treaty 6 Cree Nation, and Proxy Chief Matthew Coon Come from the Cree Nation of Nemaska, Que.—reads that no “province has the legal authority to alter, diminish, or extinguish Treaty Rights or the constitutional relationship between First Nations and the Crown.” 

It also calls on provincial and federal governments to “uphold the honour of the Crown” and implement the United Nations Declaration on the Rights of Indigenous Peoples to ensure that “any constitutional or political process that may affect First Nations proceeds only through respectful government-to-government engagement with the free, prior, and informed consent of the affected First Nations.”

Alberta First Nations have been vocally opposed to the separatism movement stirring in their province, saying their right to free, prior, and informed consent has not been respected.

Last month, chiefs from Treaty 6, 7, and 8 called on the RCMP to investigate whether the actions of Alberta Premier Danielle Smith and her United Conservative Party government are treasonous, saying the police have a duty to step in and protect their treaty rights.

Albertans are set to contend with the question of whether the province should hold a referendum on independence on Oct. 19 as part of a vote that poses additional questions on various constitutional issues. 

Smith tacked on the referendum question in May—saying she herself supports remaining in Canada—after an Albertan separatist group said they collected more than 300,000 signatures in favour of leaving the federation. A separate anti-separation petition has been signed by more than 400,000 Albertans. 

But according to an Ipsos poll conducted for Global News, support for separation has been declining in recent months, with only 19 per cent of Albertans responding that they would be voting in favour of a referendum in the fall.

'We never gave free, prior, informed consent on anything': Grand Chief Pete

Pete said he met with Prime Minister Mark Carney (Nepean, Ont.) last week, where Carney thanked First Nations for their work in Alberta, and “for keeping Canada Canada.”

“But I had to remind them that, where’s the representation for Canada and the Crown?” Pete said. “It’s First Nations that are defending the Crown and the treaty and the Constitution of Canada.”

Alberta First Nations have been fighting legal battles against separatism for months. Most recently, a provincial court ordered that the bank account of one of the leaders of Alberta’s separatist movement be temporarily frozen after Tallcree First Nation alleged millions of dollars in a trust fund were misappropriated. 

At the end of June, Alberta separatists also won a notable partial appeal over a decision that first quashed their referendum petition in May. A lower court initially ruled that the Alberta government had neglected its duty to consult First Nations, and that the chief electoral officer made an error approving the petition—which Smith’s government appealed. The province’s Court of Appeal ruled on June 29 that the officer can now resume verifying signatures. 

Treaty 8 First Nations Grand Chief Trevor Mercredi told The Hill Times in an interview that First Nations have been fronting the legal cost of cases that have slowed or stopped the referendum agenda, and said that effort deserves recognition. 

“What happened here in Alberta is our nations have bought Canada time,” Mercredi said. 

“If we were … going into a referendum here in October, we would not be talking about pipelines and pathways and all these major projects that are coming forward in Alberta because we would be dealing with separation.”

At a press conference in Ottawa back in June as Parliament rose for the summer, Carney committed to defending Canadian unity ahead of the fall referendum, but said his “core message” to Alberta is that Ottawa is ready to develop Canada's resources, pointing to the energy deal signed with Alberta last November. 

That deal outlines a pathway to a potential oil pipeline running from the province’s oil sands to British Columbia’s coastline. In May, the two governments finalized a new industrial carbon pricing system—one of the terms in the deal—which climate experts say is weaker than the previous model. The deal, and the proposed project, have been met with opposition from some First Nations in the province who say they were not consulted.

Last week, at the Calgary Stampede—a staple of Canadian political summers, even when a potential separation is not looming—Carney also told CTV News that his message to the province is to “build, not break; lead, not leave.”

Pete told The Hill Times that though both governments have publicly said they want involvement with First Nations, the reality is that nations aren’t being consulted. 

“They signed agreements directly with Canada and the province, and … there was no duty to consult,” he said. “We never gave free, prior, informed consent on anything.”

Separatism providing an ‘avenue’ for racism, say Alberta chiefs

Pete told The Hill Times that First Nations are facing rising hate and harassment as a result of their opposition to the province's separatism movement. 

“[We’re] getting calls and you pick it up and you’re saying ‘hello,’ and you’re getting sworn at and threatened,” he said. “Our people’s vehicles are getting scratched up in our local towns.” 

He added that in Rocky Mountain House, a town in Alberta on Treaty 6 territory, the Treaty’s flag was removed.

Mercredi also told The Hill Times that there’s “a lot of harassment” happening, and members have removed decals from vehicles over safety concerns. 

“There’s a lot of racism in Alberta, and it seems like this separatist talk kind of gives them an avenue to talk about things that were considered not forthcoming in the past,” Mercredi said. 

“It just gives them an outlet to do the things that they want to do.”

Pete explained that it’s not just in Alberta, either. When chiefs were in Ottawa for the AFN assembly, they faced harassment outside of the convention centre.

“There were people across the street swearing at us, yelling at us, telling us just to be like everyone else,” he said. “One of our chiefs crossed the street and told them to leave. You could hear them for half a block away still screaming.”

Alberta and Quebec First Nations met on July 13 to discuss their approaches to opposing separatism, which could also be heating up in Quebec as the province prepares to elect its next government at the beginning of October.

"We're meeting with the Quebec nations, as well, to strategize on how they protected their rights in the province of Quebec when separation was brought forward," Mercredi said.

"We're looking to put an end to the talk of separation throughout Canada permanently."

He added that, in his conversations with the feds, the government has confirmed that it will trigger the Clarity Act, if needed.

The Clarity Act, tabled in 1995 not long after Quebec’s referendum, mandates that Canada is unable to negotiate with provinces on separation unless “a clear majority” has “clearly expressed its will to secede,” preventing a simple majority vote from triggering separation. 

ewand@hilltimes.com

The Hill Times