Premier Danielle Smith knows the notwithstanding clause cannot override Indigenous and Treaty rights protected under Section 35 of the Constitution. So why is she publicly claiming she can use it against the court ruling that quashed Alberta’s separation petition?
This video examines the political strategy behind those comments.
Smith is caught between a separatist movement demanding stronger action and her own repeated statements that she does not support Alberta leaving Canada. By attacking the courts and invoking the notwithstanding clause, she can appear defiant without actually triggering a referendum she may not want to own politically.
The video also revisits Smith’s own words from last year when she acknowledged that Treaty rights and Indigenous rights cannot simply be voted away.
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