‘We think there were errors made in law’: Alberta premier says appeal against duty to consult decision to proceed

Leader of the Alberta NDP Naheed Nenshi speaks as First Nations chiefs, band councillors and elders gather to call on Premier Danielle Smith's government to stomp out the push for the province to leave Canada, at the Alberta legislature in Edmonton on Monday March 9, 2026. THE CANADIAN PRESS/Jason Franson

Alberta’s NDP is calling on the UCP government to stop fighting First Nations in court but Saturday Alberta Premier Danielle Smith said the appeal will move forward.

The province is appealing a ruling in May, regarding a referendum on separatism.

A judge ruled the government failed to consult First Nations on a referendum.

Alberta NDP leader Naheed Nenshi said if the province wins its appeal, Albertans might have to vote again on separation.

“None of us are served by this appeal,” Nenshi said. “They should just drop it today. They’ve shown no indication of doing so and certainly the First Nations are spending money on lawyers, we taxpayers are spending money on lawyers.

“Let’s listen to what Albertans said on Monday and just drop it.”

Premier responds

Saturday morning on her province-wide radio program Your Province, Your Premier, Smith was defiant when asked about the point of continuing the appeal by show host Wayne Nelson.

“We think there were errors made in law,” Smith said. “And in fact, the error in law was that if you start a citizen petition campaign, at what point do you need to consult with First Nations?

“Our position is we absolutely have an obligation as the government of Alberta to consult with First Nations in certain areas, but on a citizen initiative petition, they have no duty to consult.

“They’re (citizen initiative petitions) just asking us to consider a policy question,” she added. “That’s what is at issue here --because if we don’t get that part resolved, then I may as well just repeal the (citizen initiative petition) legislation.

“Because what it would mean is, who is going to go out and do all of the effort of getting 177,000 signatures if a court action declaring a duty to consult can derail it for months or years.

“So that’s what we’re fighting.”

The initial case against the province was brought by the Blood, Piikani, Siksika and Athabasca Fort Chipewyan First Nations.