Alberta independence does not violate treaties or s.35 of the Constitution. The independence movement explicitly respects existing treaties. First Nations do not have a veto over whether Alberta separates (see the SCC Secession Reference and the Clarity Act), but they do retain full constitutional authority over their own treaty rights.

If Alberta becomes independent, First Nations can decide for themselves whether they want Canada to continue administering treaties, reserves, and the Indian Act, or whether they wish to consent to Alberta assuming the Crown’s role. Secession only removes Canada as a treaty party with First Nations’ consent, which is exactly what s.35 requires.

In other words: Alberta’s independence can proceed regardless, while treaty administration remains entirely subject to each individual First Nations’ free choice. Maintaining the status quo or negotiating a new arrangement is their decision: not mine, not yours, and not the government’s.

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