Manitoba Premier Wab Kinew challenged Alberta Premier Danielle Smith over Indigenous consultation on Tuesday, asserting that her government has a duty to consult before any separation referendum and citing a recent court ruling to support his position.
The remarks came at a news conference after a two-day meeting of western premiers in Kanaskis, hosted by Smith. Kinew directly addressed Smith, stating, 'It is not up to the petition gatherers to fulfill the duty to consult. It is up to you, as the Alberta government, to fulfill the duty to consult.'
Background on the dispute
Smith had previously expressed a desire to re-examine Section 35 of the Constitution, which governs Crown-Indigenous relations and has been interpreted by courts. When asked by media, Smith said, 'We think that the duty to consult is meant to be looked at through a lens of major projects, and we take that very seriously.' She indicated the topic was not discussed at the meeting.
Smith referenced an Alberta Court of King's Bench ruling from earlier this month that quashed a separation petition due to the government's failure to consult. She argued that applying the duty to consult to citizen-initiated petitions was an error in judgment and 'anti-democratic.'
Kinew's rebuttal
Kinew, who is Indigenous, interjected before further questions to dispute Smith's characterization, calling it 'not correct.' He emphasized that the duty to consult falls on the government, not petition gatherers, especially when a proposed international border would impact established hunting and fishing rights.
Kinew agreed with the court ruling and urged Smith to abandon the October vote on separation. 'Why don't we hold off on this referendum talk for a year or two, and see if we get these pipelines under construction, because at the end of the day, we want Canada to succeed,' he said.
He also expressed gratitude to First Nations in Alberta for 'hitting the pause button' on the issue.
Next steps
Smith has stated her government will appeal the court ruling. The separatist group behind the quashed petition has filed an appeal and will seek a stay of the May judgment in court next month.
