And now:Ish <[EMAIL PROTECTED]> writes:
From: "chris" <[EMAIL PROTECTED]>
To: <[EMAIL PROTECTED]>
Subject: Treaty 8 conflicts continue
Date: Wed, 14 Jul 1999 20:48:24 -0400
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OLDEST LIVING CREE ELDER DELIVERS LAND CLAIM
JULY, 1999 Windspeaker
Staff Writer
By Marie Burke EDMONTON
Rapheal Cree, a 106-year-old Elder from northern Alberta, presented to the
regional director of Indian Affairs a copy of the statement of claim that
outlines about $1.6 billion in damages suffered by the Paul Cree Band.
The Elder is the son of Paul Cree, who was the chief of the band after whom
it is named. In the statement of claim, delivered on June 1 in Edmonton,
the Paul Cree are asking for at least $1 billion for the unlawful removal
of natural resources from their land and $500 million in damages for the
breach of the Treaty 8 adhesion. Treaty 8 commemorated its centennial on
June 21 in the Lesser Slave Lake area. In 1899, Rapheal Cree stood with his
family and his people, while his uncle, Chief Seapotakinum, touched the pen
on behalf of his band to signify the signing of an adhesion to Treaty 8.
Cree came to Edmonton with a handful of supporters and spoke through his
son. Cree said he still remembers when the treaty commissioner came to what
is now known as the Fort McMurray area to join the Aboriginal people there
to the provisions of the original treaty signed earlier at Lesser Slave
Lake. Treaty 8 is one of the few Indian treaties that included mineral rights.
Cree is supported by John Malcolm, who is the interim-chief of Wood Buffalo
First Nation. The Wood Buffalo First Nation is a group of Métis and
non-status Aboriginal people from the northern areas of Alberta.
"To our knowledge he is the oldest living Elder in Canada and he needs the
support of Aboriginal people in this action," said Malcolm. Cree's
supporters maintain he is the last known living survivor that witnessed the
Treaty 8 adhesion signing.
The claims of the Paul Cree Band began heating up about five years ago when
a group claiming to be direct descendants walked from Fort McMurray to
Edmonton's Indian Affairs office in an attempt to bring attention to their
claim about reserve land.
"We approached Indian Affairs about the reserve and they finally responded
to us with a letter after five years, which just came in a couple of weeks
ago, saying there was no claim. It is not a surprise to us what their
answer was going to be. They are not just going to hand over anything
without a battle," said Malcolm.
In the past two years, Malcolm worked with Cree's son, Alymer Cree, to
gather proof and record Cree's knowledge about the original reserve to
establish the land claim.
"What we've done is, rather than accepting their answer that the Paul Cree
Band is not a First Nation, is to file this claim in court and let the
judge decide," said Malcolm.
Although the reserve land surveyed by Indian Affairs is called the
Clearwater Indian reserve, the band is better known as Paul Cree's Band of
Indians who are included under Treaty 8 adhesion.
The survey of the Paul Cree reserve by Indian Affairs was presented to the
Privy Council of Canada in 1921. The original tract of land set apart total
more than 2,000 acres of land or at least two square miles. The reserve
sits at the junction of two rivers in northern Alberta.
"In the 1970s the families that lived on the reserve were basically
threatened to be burned out of their homes and their kids would be taken
away by the government to get them to move off their land," said Malcolm.
The families that lived on the reserve, with little or no services,
eventually moved to the Fort McMurray First Nation, except for Cree's
family, said Malcolm. The Crees insist they have never given up their
membership to the Paul Cree First Nation. A declaration in the claim points
to the purported surrender of 1948 as null and void.
The regional director general for Indian Affairs, Barrie Robb, accepted the
statement of claim from the Elder, but refused to discuss the claim until
Indian Affairs legal experts reviewed it. Communications director, Glen
Luff did, however, mention Indian Affairs past involvement with the Paul
Cree descendants.
"We will look at the legality of the claim. Five years ago the federal
government determined after correspondence with these people that we had no
legal obligation. The Paul Cree band is known as a division of the band of
Fort McMurray," said Luff.
The Indian Affairs spokesperson pointed to policies and an investigation
several years ago that gave the federal government no reason to believe
that the Paul Cree band exists, he said. "This is a bit of a surprise, but
the regional director generously is making time to briefly meet with them.
We were just handed a piece of paper and our lawyers will have to look at
it," said Luff about the statement of claim.
The regional director of Indian Affairs met with the Cree family and
Malcolm after he received the statement of claim.
"We told him that we are prepared to go the Supreme Court of Canada on this
because we know we have a solid claim, but he said it wouldn't go that
far," said Malcolm.
Malcolm said he's aware the court case might take some time. He believes
Indian Affairs has a lot of control over the legal process that will take
place to settle this claim.
___________________________________________________________
SOVEREIGNTY IS THE ISSUE: CANADA IS THE PROBLEM
Reprinted under the Fair Use http://www4.law.cornell.edu/uscode/17/107.html
doctrine of international copyright law.
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Tsonkwadiyonrat (We are ONE Spirit)
Unenh onhwa' Awayaton
http://www.tdi.net/ishgooda/
UPDATES: CAMP JUSTICE
http://shell.webbernet.net/~ishgooda/oglala/
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