Landmark Win for ACFN as Court Rejects Alberta Independence Referendum in Chief Electoral Officer of Alberta v Sylvestre, 2025 ABKB 7112

Aboriginal Rights

Friday, December 5, 2025 

The Alberta Court of King’s bench has found that the proposed referendum on Alberta independence contravenes the Charter and the Treaty and Aboriginal rights guaranteed under section 35 of the Constitution Act, 1982, siding with Athabasca Chipewyan First Nation and a host of First Nations intervenors. This despite a last-minute effort by the Minister of Justice to table legislation that would discontinue the case entirely. In particular, the Court cited extensively from the evidence of Chief Allan Adam and Lori Cyprien explaining the history of Treaty 8, and the extent that Alberta independence would impact upon ACFN’s Treaty rights.
 
The decision means that the Chief Electoral Officer of Alberta is required to reject the proposed referendum, effectively ending a months-long campaign by the Alberta Prosperity Project to launch the referendum using Alberta’s Citizen Initiative Act. While this may not end talk about Alberta independence, this decision is a landmark victory for ACFN and First Nations across Alberta!

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