Danielle Smith Targets Section 35 Treaty Rights, Appeals Ruling Blocking Alberta Separation Vote
Updated
Updated · The Conversation · May 28
Danielle Smith Targets Section 35 Treaty Rights, Appeals Ruling Blocking Alberta Separation Vote
2 articles · Updated · The Conversation · May 28
Alberta plans a fall vote on whether to pursue a referendum on separation from Canada after a court ruling stopped Premier Danielle Smith from putting separation directly on the ballot.
Justice Shaina Leonard’s decision sided with the Athabasca Chipewyan First Nation and Blackfoot Confederacy, finding a separatist referendum would contravene treaty rights protected under Section 35(1) of the Constitution.
Smith has called that interpretation a legal error, said her government will appeal, and signaled interest in constitutional changes to curb what she says are expanding court-defined Indigenous rights.
Treaties 4, 6, 8 and 10 cross provincial borders, underscoring that Indigenous rights predate Alberta and extend beyond the province’s separatist claims.
The dispute has widened into a broader political fight over consultation, constitutional protections and rising racism as Smith seeks to contain separatist pressure inside her United Conservative base.
With Alberta challenging Indigenous rights, can a popular vote unravel a country's constitution?
As one province targets minorities with referendums, is this the future of Canadian democracy?
A premier wants to rewrite Indigenous rights in the constitution. Is a national crisis inevitable?
Indigenous Rights Halt Alberta’s 2026 Secession Vote: Court Ruling Sets New Constitutional Precedent
Overview
In May 2026, the Alberta Court of King's Bench delivered a landmark decision that halted the province's push for an independence referendum, effectively ending Alberta's immediate plans to vote on separation. This ruling sparked strong reactions: Alberta NDP Leader Naheed Nenshi called on Premier Danielle Smith to accept the decision and abandon the referendum, declaring the effort 'dead.' However, Jeff Rath, representing the independence movement, insisted the ruling would not stop supporters, predicting that those who signed the petition would demand the referendum question appear on the October ballot. The issue now stands as a major political and constitutional challenge for Alberta's leadership.