Experts explain how Indigenous rights are a major hurdle for Alberta secession

EDMONTON — Three political scientists say Indigenous treaty rights represent a significant legal hurdle for separatists in Alberta.

Andre Lecours, who is with the University of Ottawa, says a decision in early May by a judge to quash a separatist petition looking to force a vote on whether Alberta should leave Canada has brought the secession process into unchartered territory.

Justice Shaina Leonard said the petition shouldn’t have been greenlighted because Premier Danielle Smith’s government neglected its duty to consult First Nations and Smith has said her government plans to appeal the decision.

Grace Skogstad, a University of Toronto professor, says Indigenous rights and the duty-to-consult process have significantly evolved since the passing of the federal Clarity Act, which outlines the conditions for secession.