Alberta government makes 11th-hour changes to controversial proposed legislation

Alberta Premier Danielle Smith and Minister of Justice Mickey Amery announce proposed changes to several pieces of democratic process legislation, in Edmonton on Tuesday April 29, 2025. THE CANADIAN PRESS/Jason Franson

EDMONTON — Alberta’s government has made 11th-hour changes to controversial proposed legislation, declaring that no separation referendum question could threaten First Nations’ existing treaty rights.

Premier Danielle Smith’s government is working to considerably lower the threshold to allow for citizen-initiated referendums, including whether the province should separate from Canada.

Her government’s proposed bill has yet to become law, but it’s faced backlash from Indigenous leaders since its introduction in the house more than two weeks ago.

Justice Minister Mickey Amery said Wednesday the United Conservative Party government has heard concerns from First Nations on how such a referendum might affect treaty rights.

“We are listening,” he said.

Sturgeon Lake Cree Nation Chief Sheldon Sunshine and Mikisew Cree First Nation Chief Billy-Joe Tuccaro were quick to release a statement saying the amendment “means nothing,” and the proposed bill still needs to be shredded.

“We have heard from many treaty people; we are united in our resistance. None of us will back down,” they said, noting a protest is planned Thursday at the legislature grounds in Edmonton.

“Now that your government has thrown these legislative grenades, in the matter of two weeks, you will take five months off while the rest of us work hard,” they wrote.

Opposition NDP Indigenous relations critic Brooks Arcand-Paul said during debate in the house, the government’s amendment does nothing more than commit the province to what it is already legally obligated to do.

He said the UCP is merely paying lip service to Indigenous people.

“It is reprehensible,” Arcand-Paul said.

“This government fails abhorrently when it comes to consultation. I look forward to the legal challenges that come,” Arcand-Paul told the assembly.

Earlier Wednesday, NDP Deputy Leader Rakhi Pancholi told reporters that adding a line to the bill wouldn’t legally be enough to respect the rights to consultation that Indigenous peoples have in the province.

“Fundamentally, any conversation about separatism, any conversation about Alberta -- unilaterally or through a referendum process -- removing itself from Canada, means we are already violating our treaty rights,” she said.

Premier Smith has said she doesn’t support separating her province from Canada, but Albertans have genuine grievances with the federal government, and she wants concessions from Liberal Prime Minister Mark Carney.

She has argued that Alberta, particularly its oil and gas industry, has been undermined for a decade by anti-business policies and laws from the federal Liberals.

While Smith has said she’s working to gain respect for Alberta within a united Canada, she doesn’t want to see the Alberta separatist movement grow into a large, mainstream political party.

In a Tuesday letter to First Nations chiefs representing the Blackfoot Confederacy, Treaty 8 First Nations, Treaty 6 First Nations, and Treaty 7 First Nations, Premier Smith appealed for their help in directly lobbying Ottawa for a “fair share” of federal funding for Alberta.

She offered Wednesday’s amendment to her government’s legislation as a gesture of goodwill.

Smith said federal funding represents an injustice to First Nations in Alberta, and cited the “treasured relationship” between First Nations and the province to argue for taking a united case to Ottawa.

“I hope we can walk this path together for everyone we represent,” wrote Smith.

A second amendment from the government passed Wednesday addresses one of several major concerns aired last week by chief electoral officer Gordon McClure.

McClure has said some of the bill’s changes would effectively kill the election commissioner’s ability to investigate and enforce compliance with election law, including by limiting investigations into financial contribution rules and limits to one year instead of three.

Minister Amery said an amendment introduced Wednesday to the bill would lengthen that timeline to two years after alleged wrongdoing.

This report by The Canadian Press was first published May 14, 2025.

Lisa Johnson, The Canadian Press