Skip to Content Subscribe Our Offers My Account Manage My Subscriptions FAQ Newsletters Canada Canadian True Crime Canadian Politics Health World Israel & Middle East Financial Post NP Comment Longreads Puzzmo Diversions Comics NP News Quiz New York Times Crossword Horoscopes Life Eating & Drinking Style Sponsored Play for Ontario Travel Travel Canada Travel USA Travel International Cruises Travel Essentials Culture Books Celebrity Movies Music Theatre Television Business Essentials Advice Lives Told Tails Told Shopping Buy Canadian Home Living Outdoor Living Tech Style & Beauty Kitchen & Dining Personal Care Entertainment & Hobbies Gift Guide Travel Guide Deals Savings National Post Store More Sports Hockey Baseball Basketball Football Soccer Golf Tennis Driving Vehicle Research Reviews News Gear Guide Obituaries Place an Obituary Place an In Memoriam Classifieds Place an Ad Celebrations Working Business Ads Archives Healthing Epaper Manage Print Subscription Profile Settings My Subscriptions Saved Articles My Offers Newsletters Customer Service FAQ Newsletters Canada World Financial Post NP Comment Longreads Puzzmo Diversions Life Shopping Epaper Manage Print Subscription HomeCanadaDanielle Smith opens door to amending constitution to alter treaty rightsSmith said Section 35 of the Constitution, which governs Crown-Indigenous relations, has been stretched beyond recognitionLast updated 17 minutes ago You can save this article by registering for free here. Or sign-in if you have an account.Alberta Premier Danielle Smith speaks at a press conference at McDougall Centre in Calgary. Photo by Dean Pilling /PostmediaOTTAWA — Alberta Premier Danielle Smith says she’s open to having a “conversation” with her fellow premiers about rewriting parts of the constitution relating to Indigenous treaty rights.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Enjoy the latest local, national and international news.Exclusive articles by Conrad Black, Barbara Kay and others. Plus, special edition NP Platformed and First Reading newsletters and virtual events.Unlimited online access to National Post.National Post ePaper, an electronic replica of the print edition to view on any device, share and comment on.Daily puzzles including the New York Times Crossword.Support local journalism.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one account.Share your thoughts and join the conversation in the comments.Enjoy additional articles per month.Get email updates from your favourite authors.Create an account or sign in to continue with your reading experience.Access articles from across Canada with one accountShare your thoughts and join the conversation in the commentsEnjoy additional articles per monthGet email updates from your favourite authorsSign In or Create an AccountorSmith told reporters on Friday that Section 35 of the constitution, which governs Crown-Indigenous relations, has been stretched beyond recognition by the courts.She said that an Alberta judge’s decision earlier this month to throw out a petition for a binding referendum, on the grounds that the province failed to meet its duty to consult with First Nations, was a prime example of this overreach.“I don’t even know what the court would expect of a citizen-initiated petition to satisfy a bar to a duty to consult before they can even ask a question,” said Smith.Smith has vowed to appeal the ruling, and is inviting her fellow premiers to help prevent similar decisions in the future.“It needs to be challenged, we’re going to and, if there’s an appetite among the other premiers to talk about defining that ever further through some kind of constitutional amendment, I’m opening to having that conversation,” said Smith.Smith was taking questions from the media in Calgary after announcing on Thursday evening that she’ll be adding an independence-related question to the fall referendum ballot.She noted that Alberta isn’t the only province grappling with overly broad judicial interpretations of treaty rights.“My reading of (Section 35) is that it was never intended to continue being open-ended and redefined by the courts, to create new and increasing rights over and over again with each new decision,” said Smith.“It was never intended to undermine property rights (or) to undermine the ability of provinces to have control over their resources.”Her comments follow a series of controversial treaty-related decisions in British Columbia that critics say have created uncertainty surrounding the property rights of private landowners and the viability of major resource projects.Multiple candidates in the ongoing B.C. Conservative leadership race have said they’ll amend the constitution to scale back Aboriginal title and inferred Indigenous veto powers over resource development.Unlike B.C., Alberta is located entirely on numbered treaty land.The Supreme Court announced this week that it will hear the appeal to a controversial B.C. decision finding that the province’s mining rules are inconsistent with Indigenous rights.Smith said she’ll raise the issue of Indigenous treaty rights at a premiers’ meeting set for next week.She’ll be putting four constitutional questions to Albertans in October’s provincial referendum, including questions on amending the constitution to give provinces more power over judicial appointments and to abolish the Senate.National Postrmohamed@postmedia.comOur website is the place for the latest breaking news, exclusive scoops, longreads and provocative commentary. Please bookmark nationalpost.com and sign up for our daily newsletter, Posted, here. Join the Conversation This website uses cookies to personalize your content (including ads), and allows us to analyze our traffic. Read more about cookies here. By continuing to use our site, you agree to our Terms of Use and Privacy Policy.