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Assembly of First Nations (AFN) National Chief Cindy Woodhouse Nepinak is calling on the federal government to initiate a constitutional review of the 1930 Natural Resources Transfer Agreement (NRTA) in response to the Premier of Alberta’s proposal to hold a referendum for the unilateral separation of the Province of Alberta from Canada.
“Any proposed separation of Alberta from Canada would be fundamentally illegitimate and unconstitutional without the explicit, prior, informed and collective consent of the First Nations whose lands and rights predate the formation of the province and of Canada,” said National Chief Woodhouse Nepinak. “The time has come for Alberta and Canada to move beyond colonial frameworks and honour the truth of their history by restoring justice and self-determination to First Nations.”
The 1930 NRTA was entered into between Canada and the three prairie provinces. It purported to transfer control of crown lands and natural resources from the federal government to the provinces. At no point were the First Nations, whose lands and resources were affected, consulted or included in these agreements. This is in clear violation of signed Treaties and the protections now enshrined in Section 35 of the Constitution Act, 1982.
“The numbered Treaties, including 6, 7 and 8, did not surrender First Nations title to natural resources,” added National Chief Woodhouse Nepinak. “On the contrary, these agreements recognize the inherent rights of First Nations to manage and benefit from lands and waters within their territories. Unilateral imposition of the NRTA undermines the solemn promises of these treaties and stands in direct conflict with the Honour of the Crown.”
“The notion of Alberta unilaterally separating from Canada is not only unconstitutional, it’s a direct affront to the sacred treaties that predate the province itself. First Nations have never ceded our inherent rights to these lands and resources,” said Chief Cody Thomas of Enoch Cree Nation. “Any attempt by separatists to disregard those treaties would undermine the very foundation of this country.”
The National Chief has written to the Prime Minister asking his government to initiate a constitutional review of the NRTA and its compatibility with the Canadian Constitution. The request also encourages Canada to engage in good faith negotiations with affected First Nations regarding jurisdiction and resource control, consistent with Treaty obligations to First Nations and the United Nations Declaration on the Rights of Indigenous Peoples.