Sturgeon Lake Cree Nation is suing the government of Canadian province Alberta over actions it says facilitated a petition in support of a referendum on separating from Canada.
The petition question circulated by the Alberta Prosperity Project - "Do you agree that the Province of Alberta should cease to be a part of Canada to become an independent state?" - was approved by chief electoral officer Gordon McClure before Christmas, the Canadian Broadcasting Corporation reports.
On Monday, 6 January, the Sturgeon Lake Cree Nation (SLCN) filed a statement of claim laying out its plans to ask the Court of King's Bench of Alberta to issue an "urgent" interim injunction against the petition.
The First Nation, whose lands are in northern Alberta, wants the court to declare the petition violates Treaty 8, an agreement between First Nations and the government of Canada which predates the creation of the province of Alberta. The statement of claim argues Alberta's provincial administration has no right to change the treaty relationship with Canada's federal government.
"Alberta has treated SLCN as though they are chattel on the land, merely an afterthought in forced negotiations, not the first step in any potential secession," the statement of claim states, CBC reports.
"This is contrary to law: Alberta's secession cannot happen without First Nation consent to change a party to Treaty No. 8. Consent, not consultation, is required before the question of secession is delegated from a party to the treaty to the individuals who have come to inhabit Alberta."
SLCN Chief Sheldon Sunshine said the provincial government's push to pass Bill 14 in the final days of the legislature's autumn sitting in late 2025 prompted the First Nation to take legal action. The bill removed the key requirement for a referendum question to align with the Constitution.
"Bill 14 really crossed the line," Mr Sunshine said on Monday, the CBC reports.
"To us, it seems like [the province is] making accommodations for a small group of people."
Mr Sunshine questioned the supposed benefit of Alberta leaving Canada.
"People have this pipedream where it's going to be so much better, more freedom, less taxes. I don't agree," he said.
Alberta Prosperity Project chief executive Mitch Sylvestre, an advocate of Alberta's secession from Canada, said First Nations could stay in Canada if a referendum vote went in favour of an independent Alberta.
"Our intention is, at worst, that the status quo can stay for them if that's what they want," Mr Sylvestre said, the CBC reports.
However, Mr Sylvestre also argued First Nations could potentially negotiate a better deal with an independent Alberta.
Secession advocates need to collect close to 178,000 signatures in favour of a referendum on independence by May 2 for the vote to go ahead.
In a statement provided to Radio Canada, the office of Alberta Justice Minister Mickey Amery said the province's government "recognises and honours Treaty rights as recognised by section 35 of the Constitution Act, 1982", but as the matter is before the courts, the government does not have any specific comment on the lawsuit.
The question on the current petition is the second proposed by the Alberta Prosperity Project, with the previous question having been referred to the courts and - in early December - found to be unconstitutional by Justice Colin Feasby of the Court of King's Bench of Alberta.
The passage of Bill 14 days later removed the requirement for the petition question to be in line with the province's constitution. The Bill also means only Alberta's justice minister would be able to refer a citizen referendum question to the courts.
The SLCN is also suing Canada's federal government, alleging it abdicated its treaty obligations by not taking any action to stop the petition from going forward, the CBC reports.
