On December 5, 2025, the Court of King’s Bench of Alberta issued its decision in Chief Electoral Officer of Alberta v Sylvestre, 2025 ABKB 712, addressing whether a citizen-initiated referendum proposing Alberta’s independence contravenes the Constitution Act, 1982. Our firm, TLE Law, proudly represented the intervenor Treaty 6 Confederacy, advocating for the protection of Treaty rights and the constitutional relationship between First Nations and Canada.
The Court made the following key findings:
- The Court found that a proposal for Alberta to become a sovereign country would contravene section 1-35.1 of the Constitution Act, 1982, which includes Charter and Treaty rights. Independence would require replacing the Canadian constitution with a new Alberta constitution, and the existing rights would not be guaranteed in the same way.
- The Court held that Alberta independence would sever the Treaty relationship between Canada and First Nations, as Alberta could not unilaterally succeed to the numbered Treaties (including Treaty 6) without the consent of the First Nations.
- The Court further found that the transformation of provincial borders into international borders would significantly impair First Nations’ ability to exercise Treaty rights across traditional territories.
This decision is a critical affirmation of the constitutional and legal importance of Treaty rights. The Court recognized that Treaty 6 Confederacy and other First Nations have a foundational role in the province’s creation and ongoing legitimacy. This judgment underscores that any attempt to alter Alberta’s constitutional status, such as through a referendum on independence, cannot disregard the rights and relationships established by the historic treaties.
For further details, please contact our office. We remain committed to advancing and protecting the rights of all First Nations and Indigenous peoples in Alberta.