A second Alberta First Nation has filed a lawsuit aiming to stop a proposed referendum on Alberta independence, escalating a legal and constitutional battle over the province's future. The Athabasca Chipewyan First Nation (ACFN) is seeking a judicial review of the Chief Electoral Officer's decision to approve a petition that could trigger a vote on separation.
Legal Challenge Targets Referendum Process
The First Nation's application, filed this week, names Chief Electoral Officer Gordon McClure, King Charles III (as the Crown), and petition proponent Mitch Sylvestre as respondents. The core argument is that the provincial government is facilitating a vote on a matter "existential to the Treaty relationship" without consulting First Nations, thereby ignoring the Crown's constitutional obligations.
This legal action follows closely on the heels of a similar challenge from the Sturgeon Lake Cree Nation, which was filed earlier in the week. That claim included allegations of political interference from former U.S. President Donald Trump and accused the Alberta government of conspiring with separatists. The United Conservative Party government has stated it will not comment on matters before the courts but affirms its respect for Treaty rights.
Constitutional Clash Over Treaty Land and Borders
The Athabasca Chipewyan First Nation, located near Fort Chipewyan approximately 733 kilometres northeast of Edmonton, has been a signatory to Treaty 8 since 1899. Its legal claim heavily references a December 5, 2025, court decision from Justice Colin Feasby, which warned that creating new international borders through established treaty-protected land would contravene the Constitution Act.
The First Nation's filing states: "Provincial boundaries and Treaty boundaries each have constitutional significance and neither is more important than the other. The Province of Alberta is constitutionally intertwined with the numbered treaties, and as founding partners in the creation of Alberta, First Nations signatories to those treaties cannot be ignored or bypassed as Alberta contemplates its future within or without Canada."
Petition Deemed "Substantively Identical" to Rejected Version
A critical point in the ACFN's argument is that the current petition from Mitch Sylvestre is "substantively identical" to a previous version. That earlier petition was rejected by Chief Electoral Officer Gordon McClure following Justice Feasby's court decision. The First Nation contends that by approving this new petition, the CEO has "sanctioned a procedure to decide – by simple majority vote – the question of whether or not the Government of Alberta should violate Treaty 8," despite a court finding weeks earlier that such a proposal contravenes the Charter and Section 35 rights.
As a result, the Athabasca Chipewyan First Nation is calling for changes to the province's Citizen Initiative Act. They want to ensure the Chief Electoral Officer is not empowered to approve petitions that courts have already ruled would be unconstitutional. The outcome of this case could have profound implications for the mechanics of direct democracy in Alberta and the fundamental relationship between the province, Canada, and Indigenous Treaty partners.
