A First Nation in Alberta will be in court Tuesday seeking to shut down a petition urging the province to quit Confederation.

The Sturgeon Lake Cree Nation is in Edmonton asking a Court of King’s Bench judge to suspend the petition campaign on the grounds First Nations’ consent is required first.

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It is alleging a failure by Alberta, Canada and the province’s chief electoral officer to uphold treaty rights.

A group named Stay Free Alberta is collecting signatures to qualify for a referendum on Alberta leaving Canada.

Premier Danielle Smith’s government has said if they get enough names, the question will be put to a vote.

Stay Free Alberta says it has already collected more than the 178,000 signatures required to trigger the vote with a month to go before it must submit the names to Elections Alberta.