AFN chiefs oppose Alberta separation and demand protection of Treaty rights in any constitutional process

OTTAWA — First Nations chiefs from across Canada have passed an emergency resolution opposing any attempt by Alberta to separate from Canada without the participation and consent of affected First Nations.

The resolution, approved during the Assembly of First Nations Annual General Assembly on July 16, states that a province cannot unilaterally alter or extinguish Treaty rights or change the constitutional relationship between First Nations and the Crown.

The issue carries national significance for First Nations, including those in Northwestern Ontario, because any attempt to change Canada’s constitutional structure could affect Crown obligations, Treaty relationships, lands, natural resources and Indigenous jurisdiction.

Resolution Says Treaty Rights Cannot Be Negotiated Away

The emergency resolution was brought forward by Sunchild First Nation, Confederacy of Treaty No. 6 First Nations Grand Chief Joey Pete and Matthew Coon Come, who attended as proxy chief for the Cree Nation of Nemaska in Quebec.

The Confederacy of Treaty No. 6 First Nations said the resolution affirms that no provincial government has the legal authority to diminish or extinguish Treaty rights.

It calls on federal and provincial governments to uphold the honour of the Crown and ensure that constitutional or political processes affecting First Nations include direct government-to-government engagement.

The resolution also calls for the free, prior and informed consent of affected First Nations before governments proceed with measures that could affect their rights, territories or constitutional relationships.

Alberta and Quebec Chiefs Hold First Formal Meeting

Chiefs representing Treaty 6, Treaty 7, Treaty 8 and the Blackfoot Confederacy met with chiefs from the Assembly of First Nations Quebec-Labrador on July 13.

Organizers described the gathering as the first formal meeting between the participating Alberta and Quebec First Nations leadership groups.

Quebec chiefs discussed their experiences during previous provincial separation campaigns and stressed that First Nations must be treated as distinct rights holders rather than as one part of the general provincial population.

Alberta Treaty chiefs said any separation proposal would directly affect First Nations lands, rights, territories and future generations and could not proceed without their involvement.

AFN Criticizes Alberta’s Autonomy Agenda

The resolution comes amid an ongoing political debate about Alberta’s relationship with the federal government and the possibility of a citizen-initiated separation referendum.

The First Nations organizations supporting the resolution accused Premier Danielle Smith’s government of advancing an autonomy agenda while failing to adequately recognize or engage First Nations as Treaty partners.

That allegation represents the position of the First Nations organizations issuing the statement.

Smith has publicly said she supports Alberta remaining in Canada and would vote against separation. She has also defended the ability of Albertans to debate or petition for a referendum on the province’s future.

Alberta has scheduled a provincial referendum for Oct. 19, 2026. The questions announced by the government concern immigration, eligibility for provincially funded services and proposals to increase provincial constitutional and fiscal powers within what the government describes as a united Canada.

The announced government referendum questions do not ask voters whether Alberta should separate.

Canadian Law Does Not Permit Unilateral Separation

A province cannot leave Canada through a provincial declaration or referendum alone.

The federal Clarity Act, which followed the Supreme Court of Canada’s 1998 Quebec Secession Reference, states that there is no constitutional right for a province to secede unilaterally.

Even a clear referendum result supporting separation would trigger negotiations rather than automatic independence.

A lawful separation would require an amendment to the Constitution and negotiations involving the federal government and the provinces. Those negotiations would be governed by constitutional principles including federalism, democracy, the rule of law and the protection of minorities.

The AFN resolution argues that First Nations cannot be treated simply as minority participants in such negotiations because their rights arise from inherent jurisdiction, Treaties and their relationship with the Crown.

Treaty Rights Have Constitutional Protection

Section 35 of the Constitution Act, 1982, recognizes and affirms existing Aboriginal and Treaty rights.

That constitutional protection is central to the First Nations position that neither Alberta nor another province could redraw political boundaries, claim control over Treaty territories or change Crown obligations without addressing the rights of First Nations.

The federal United Nations Declaration on the Rights of Indigenous Peoples Act also recognizes the declaration as a source for interpreting Canadian law.

The declaration calls on governments to consult and co-operate in good faith with Indigenous Peoples through their representative institutions to obtain free, prior and informed consent before adopting measures that may affect them.

The precise legal requirements applying to a hypothetical separation process would likely be contested and determined through constitutional negotiations and, potentially, court proceedings.

Natural Resources Are a Central Concern

First Nations leaders have linked the Alberta separation debate to longstanding disputes over lands and natural resources.

In 2025, AFN National Chief Cindy Woodhouse Nepinak called for a federal review of the 1930 Natural Resources Transfer Agreement, which transferred administration of Crown lands and resources to Alberta, Saskatchewan and Manitoba.

The AFN maintains that First Nations were excluded from those agreements despite the effects on Treaty territories and resources.

AFN leaders have argued that any change to Alberta’s constitutional status would reopen fundamental questions about land, water, resource revenue and Crown responsibilities.

The AFN resolution says First Nations across Canada are united in support of Alberta Treaty nations and that continued co-operation will be required to protect Treaty rights for future generations.