First Nations and their treaties would be unaffected if Alberta became independent.
Stated by: Implied by some Alberta independence proposals
Summary
This question is currently before the courts, so it is not settled either way. The numbered treaties are agreements with the Crown in right of Canada, and Alberta's King's Bench ruled in 2025 and 2026 that a secession petition would engage and could adversely affect Treaty 7 and Treaty 8 rights, and that the province breached its duty to consult. But those are recent lower-court decisions, and both the Alberta government and the petition's backers have appealed, arguing the court got the law wrong. Until higher courts rule, the legal effect of independence on treaty rights remains genuinely disputed.
Evidence
The King's Bench found secession would contravene Treaty 7 and Treaty 8 by removing Canada as the treaty partner, and that Crown obligations cannot be assumed by a new foreign state.
Fasken (Sylvestre / secession referendum analysis) (opens in a new tab)
A May 2026 ruling quashed approval of an independence petition, holding that secession would adversely affect treaty rights and triggered a duty to consult the province failed to meet.
Both the Alberta government and the petition's backers have appealed the ruling, calling the duty-to-consult and treaty findings legally incorrect, so the question is not finally decided.
CBC News (appeal of the petition ruling) (opens in a new tab)