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ARTICLE · 02 JUNE 2026

Secession Referendum Halted: Alberta Must Consult First Nations Before Proceeding

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In Chief Electoral Officer of Alberta v Sylvestre (“Sylvestre”)[1], issued December 5, 2025, the Court found that the proposed referendum, which asked whether Alberta should become a sovereign, independent country, contravened the Charter and historic treaties between Canada and certain Alberta First Nations.

CanadaGovernment, Public Sector
Bridget Gilbride
Bridget Gilbride
Courtney Gibbons
Courtney Gibbons
Brandon Brown
Brandon Brown
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Introduction

For the second time in six months, an Alberta judge ruled that Treaty rights of First Nations must be considered before approving a referendum on Alberta’s independence.

In Chief Electoral Officer of Alberta v Sylvestre (“Sylvestre”)1, issued December 5, 2025, the Court found that the proposed referendum, which asked whether Alberta should become a sovereign, independent country, contravened the Charter and historic treaties between Canada and certain Alberta First Nations.

Athabasca Chipewyan First Nation v Alberta (Chief Electoral Officer) (“Athabasca”)2, issued May 13, 2026, set aside the approval of a referendum on substantially the same question. The Court found, among other things, that the Treaty First Nations were owed a duty to consult before the referendum could proceed3.

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