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    3 Alberta First Nations say separation petition is unconstitutional
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    3 Alberta First Nations say separation petition is unconstitutional

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    23 Comments

    3. nikanjX on

      Was the 1982 constitution act legal according to the UK? Do the laws of the former ruler really matter, if the goal is independence? ”Sorry Canada, you have to remain part of the UK – you separating would be illegal”

    4. Fireside_Cat on

      They should read the Clarity Act. We’ve already been through this with Quebec and the Supreme Court has already weighed in on it.

      Any article that doesn’t even reference the Act is not journalism.

    5. Onterrible_Trauma on

      There is literally no legal way for Alberta to separate. These morons have dedicated their entire lives and personalities to an impossible (and idiotic) goal.

    6. CallousDisregard13 on

      >The First Nations claim the province had a constitutional duty to consult them on the impact of a referendum and it failed to do so, contrary to the rule of law, democracy and the protection of minority rights.

      >The First Nations are asking that the courts declare the separation petition as “null and void,” *along with reimbursing the First Nations for the cost of the court action.*

      All you need to know folks. It’s always about the Chiefs not getting the opportunity to demand to be compensated for anything the government wants to do.

    7. T4whereareyou on

      I am sure the separation petition is unconstitutional and agree with the three First Nations.

    10. Birdybadass on

      The hypocrisy of a First Nation saying it’s unconstitutional for other folks to want their own nation is too much for today….

    11. Unending_beginnings on

      They want the gravy train to keep rolling. Lol america wouldn’t give a fuck about reconciliation.

    12. BoppityBop2 on

      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. 

    13. PzKpfwIVAusfG on

      Edit: see OP’s comment to mine below. I wasn’t aware that a court has basically already addressed this.

      Clarity Act, s 3(2)

      > 3(2) No Minister of the Crown shall propose a constitutional amendment to effect the secession of a province from Canada unless the Government of Canada has addressed, in its negotiations, the terms of secession that are relevant in the circumstances, including the division of assets and liabilities, any changes to the borders of the province, the rights, interests and territorial claims of the Aboriginal peoples of Canada, and the protection of minority rights.

      I get what they’re saying but I suspect a court may say this is premature. There’s no constitutional change from a petition. Under the Clarity Act, a referendum must meet certain requirements before it triggers a duty to negotiate and that negotiation will raise aboriginal claims at the same time. How the hell that would work though I have no idea. But I don’t see the real interference just from the referendum. It seems the legal problems would start later.

    14. bristow84 on

      I hate this entire discussion. Yes, Alberta may have grievances against the Feds, legitimate or not they are still grievances. That doesn’t mean separation is the answer, it only means that we then become a landlocked country I guess with no access to the ocean, railway lines that belong to Canada, no military and no real power of our own.

      It leaves the people of the province defenceless against the US who would most likely forcibly turn us into a territory like Puerto Rico rather than the statehood that separatists think we would get.

      It’s a bad move all around and quite frankly, as much shit as I might give the federal government for things I may not agree with, end of the day I’d like to think the majority of people in the province are Canadian first and would get the hell out of dodge if that ever did happen.

    15. Full_Boysenberry_314 on

      The idea that the people can’t hold a referendum because it hasn’t received the blessing of the first Nations is fundamentally undemocratic and therefore problematic.

      I get the legal argument. But it’s still morally wrong if you believe in democracy.

      Not that I support separation. I don’t live in Alberta so I don’t really care about that.

      But I do care about installing a aboriginal aristocracy that gets to lord over our democratic rights. That’s the wrong path.

    16. MegaCockInhaler on

      Your opinions on what is constitutional or not are irrelevant. Courts decide what is constitutional. And if a province separates, they create a new federal court system. The Canadian federal court would no longer apply to the separated province at that point

    17. onomatamono on

      What country would annex them first assuming they separated? What enforceable rights would they actually have or would this turn into another corruption-infested, pay-to-play participation?

    18. WealthEconomy on

      Who cares what they say. It is not their call. I hope AB stays but have had enough of FN dictating everything.

    19. Neirosishere on

      Isn’t separating by definition against the constitution? Like a complete rejection of said constitution?

    21. Illustrious_Law8512 on

      Yep. They legally steward a significant portion of the land Alberta currently has mapped. They were here first.

      Like they said a ways back when this crap started… Albertans that want to leave have a better chance by moving out of the province to find their happiness elsewhere. First Nations isn’t leaving Canada.