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They just killed their own causeThere's no evidence Danielle Smith is a separatist, let alone a treasonous oneLast updated 1 week ago You can save this article by registering for free here. Or sign-in if you have an account.There are all kinds of legitimate criticisms that could be leveled at Alberta’s premier for how she’s navigated the separation debate or the question she’s chosen to place on the October ballot.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 AccountorMore narrowly, one could fairly criticize Danielle Smith for how she’s dealt with First Nations around this issue or how she’s approached the constitutional duty to consult in the face of two court rulings on the matter.But then there are some criticisms that are just beyond the pale. Others that are completely nonsensical. What emerged this week from treaty chiefs in Alberta managed to check both boxes.This newsletter from NP Comment tackles the topics you care about. (Subscriber-exclusive edition on Fridays)By signing up you consent to receive the above newsletter from Postmedia Network Inc.We encountered an issue signing you up. Please try againAnd for all that these First Nations have done to push back against separatism and to draw attention to various aspects of this debate, they have now damaged their own credibility and undermined their own cause.In a news release early Wednesday, the Assembly of Treaty Chiefs (AOTC) of Treaty No. 6, Treaty No. 7, and Treaty No. 8 announced that they’d unanimously passed a resolution calling for the RCMP and the auditor general to investigate Premier Danielle Smith and members of the United Conservative Party for treason.Yes, treason.To be clear, it’s been almost 80 years since anyone was charged and convicted of treason in this country, and that was a case far, far removed from any sort of political debate in Canada.The word “treason” gets thrown around a lot and too many people are far too cavalier in its use. Treason is not a substitute or synonym for “disloyal.” It is a clearly defined and serious crime in the Criminal Code of Canada (section 46), punishable by up to life in prison.This fact is noted in the AOTC press release, so at least they recognize the gravity of the term. But that only makes their accusation all the more absurd.For the record, the crime of treason applies to the use of “force or violence for the purpose of overthrowing the government of Canada” or illegally providing information to a foreign government or agent that “may be used by that state for a purpose prejudicial to the safety or defence of Canada.”None of that is even remotely related to the notion of holding separatist views or even a government allowing a vote on separation. Lest we forget that there is another province in Canada that has already held two votes on separation — with perhaps another to come — and features both a provincial and federal separatist party as permanent political fixtures.So even if Smith was a separatist and leading a separatist party, that would and should be of little concern to the RCMP or any other branch of law enforcement in the country. It may well be disloyal or unpatriotic to believe in separatism or to reject Canada altogether (does this apply, for example, to those who consider Canada “stolen” and “illegitimate”?), but it is certainly not illegal.Now, if someone in government was contemplating a unilateral declaration of independence, which would require the use or threat of force to establish new borders and laws, the RCMP might be interested, but Smith is doing nothing of the sort.What do we suppose the effect of accepting chiefs premise that Smith be investigated for treason might be? How might it affect separatist sentiment in Quebec, for example, if we were to ban the Parti Québécois and Bloc Québécois or arrest the next Quebec premier who calls a referendum?And how do we think it might affect the debate in Alberta to apply the label of “treasonous” and “criminal” to all those who have signed the separatist petition or considered the merits of independence. Fortunately, recent polls suggest that fewer Albertans are drawn to that option, but this would be a great way to blow all of that up.But, of course, Smith has made it clear she is not a separatist and she has declared her intent to vote for and campaign for Alberta to remain a province. So even if we were to somehow accept the premise that being a separatist was a violation of the Criminal Code, there’s no credible evidence one could point to here.The AOTC press release talks about an “intentional violation of the Treaties” and “failing to take action on the violation of privacy rights of millions.” This is all to supposedly buttress the case for a treason investigation, but only further detaches us from anything even resembling such a basis.The issue of privacy rights — specifically, the data breach involving Alberta’s list of electors — is indeed already under investigation.As for “intentionally violating treaties,” that would be bad, but that constitutional matter, not a One could argue that Smith has been fearful of the separatist movement’s influence and could even be accused of pandering to it, but that’s for voters to render a judgment on.criminal code one.But in this context, the supposed “violation of the treaties” stems from the hypothetical scenario of a binding separation vote followed by declaration of independence. We’re several steps removed from that (hopefully) unlikely outcome. But the AOTC’s over-the-top rhetoric isn’t helping with that.For her part, the premier called the treason accusation “disgraceful,” saying that this “kind of overwrought language has no place in a democracy.” She’s right.Tone aside, it’s hard to imagine why anyone would think such a ridiculous demand would be taken seriously by anyone. But it’s these same First Nations leaders who want the Alberta government — and, by extension, Albertans — to take their concerns more seriously.This isn’t the way.Rob Breakenridge is a Calgary-based podcaster and writer. He can be found at robbreakenridge.ca and reached at rob.breakenridge@gmail.com. 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.