Process brought under scrutiny for land-designation referendum

Members of the Siksika First Nation will be voting this month on whether a 131-hectare parcel of resort land should maintain designation for recreational, residential and commercial use.
And while the referendum question, which states in part, “do you agree to the revocation and designation” of these lands, is simple enough, the issue is more complex, says Siksika member Kelly Breaker.

“The ballot question is intensely heavy and as we know from experience, there was no ‘full opportunity’ to know the full details and ramifications of the revocation and designation decision because there was no meaningful or comprehensive consultation,” said Breaker.

If the vote is yes, Chief and council already have a framework in place guiding who will control that land and as far as Breaker is concerned, control will be effectively taken out of the hands of Siksika members through a 50-year lease and at a financial loss.
The land was designated in 1974 for resort use and is presently leased to Nation-owned Siksika Vacation Resort Company which has subleased 305 lots to individual cottage owners, only a handful of which are Siksika members. SVRC has a management and operation agreement with Hidden Valley Golf Resort Association.

The issues are numerous, including refusal of repeated requests by band member Ellroy Jerry for Chief and council to hand over legal documents and financial reports, and inadequate consultation.

“A letter was written to the minister of (Aboriginal) Affairs asking him to delay the vote, because you cannot go to a vote without adequate consultation,” said lawyer Connie Tuharsky, who is married to Jerry.

It is the process, Breaker agrees, that is at issue.

Councillor Reynold Medicine Traveller, chair of the Resort Negotiation Committee of the Siksika First Nation, says that not only were information meetings held, both on the First Nation and in Calgary, where a large number of Siksika members live, but door-knocking also took place in both communities, where literature and a CD, that interprets the proposed agreement in Blackfoot, were handed out.

“Regardless if they’re saying yes or no, we want everybody to know and understand this is what the Siksika Nation Chief and council have negotiated and have agreed to with Hidden Valley Golf Resort Association and what you’re voting on,” said Medicine Traveller.

The new arrangement will benefit the Siksika First Nation financially, says Medicine Traveller, with a lease-hold increase of seven times the 1974 market appraisal and cottage owners now needing to pay a rental fee. The agreement also provides Siksika members free golfing every Wednesday as well as access to other facilities on the resort.

“We’re trying to look at the whole nation. How much benefit can we get out of 324 acres of land? We’ve negotiated based on using the environmental assessment and appraisal to help guide this process,” said Medicine Traveller. “There was a lot of meetings and strategizing behind it.”

Voting on the referendum is to take place Dec. 12 both on the Siksika First Nation and in Calgary. The resort land that is being targeted has three different deadlines in place for a variety of lease and sublease agreements. The referendum will revoke the existing designation a few months early lining up all dates for expiration on Oct. 31, 2013. The new designation would come into effect following the revocation and will be for a 50-year lease.

There are 4,000 Siksika members eligible to vote.  For a referendum to pass, the majority of eligible voters must turn out and the majority vote must be in favour. If a majority of voters do not cast ballots, but the vote is yes, Chief and council can request the referendum be taken to a second ballot and then a simple majority is required for the vote to pass. However, if the initial vote is no the referendum is defeated.

A no vote, says Medicine Traveller, will result in costly delays for the First Nation until another referendum can take place as the land cannot be designated without a referendum.

Derek Green, manager of lands and environment for the Treaty 7 area with Aboriginal Affairs and Northern Development Canada, says the federal government has not taken a stand on the referendum issue but is only facilitating the process as is required under the Indian Act.

“Canada is neutral on this. It is the Nation’s designation. It is their decision what to do with the land,” said Green.  However, unless a referendum is passed for designation of the land, the property cannot be leased out.