How Indigenous rights are a major hurdle for Alberta secession: explained

Alberta Premier Danielle Smith speaks in this photo taken from a televised address aired on Thursday, May 21, 2026 from a handout video posted on the Government of Alberta's YouTube channel. THE CANADIAN PRESS/Handout - YouTube, @YourAlberta, Government of Alberta (Mandatory Credit)

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.

Toronto professor Andrew McDougall says it’s up to the courts to define what the consultation process would look like as the Clarity Act does not, and Indigenous groups and Ottawa would possibly need to agree it was satisfied before Alberta leaves Confederation.

Premier Danielle Smith announced in a televised address this week that an October referendum question will ask Albertans if they want to remain in Canada or start the process to hold a binding referendum on separation.

Smith said she couldn’t directly put separation on the ballot because of Leonard’s decision.

This report by The Canadian Press was first published May 24, 2026.

Fakiha Baig, The Canadian Press