Seeking reinstatement of member First Nations

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If James Smith Cree Nation gets its way, the number of First Nations in Saskatchewan will be increasing by two.

The First Nation has existed in its current form since 1902, when the federal government combined James Smith with the neighboring Chakastaypasin First Nation and Peter Chapman Cree Nation, amalgamating the three into one nation. James Smith Cree Nation is trying to have Chakastaypasin and Peter Chapman re-instated as independent nations. In doing so, the First Nation is following the lead of others who have taken the same route, including the Whitebear First Nations, which fought to have two of its member nations re-instated nearly a decade ago.

Whitebear First Nations set the precedent when in 1986, they won their claim for extra reserve lands so Pheasant Rump and Ocean Man First Nations could be re-instated.

Whitebear won the claim based in part on historical evidence that showed the surrender of the lands taken from the three First Nations in the 1890's was invalid.

By using the same proof used by Whitebear First Nation in their case, James Smith Cree Nation hopes to regain the original lands promised to its membership, which includes not only the James Smith Cree Nation, but also the Chakastaypasin First Nation and Peter Chapman Cree Nation. The case is now in the courts.

In order to gain allies in the First Nations political folds, Chief Delbert Brittain of the Peter Chapman band made a successful motion to join the Federation of Saskatchewan Indian Nations (FSIN) during a special session of the FSIN legislative assembly this past July. The three-day summit, which took place on the Sturgeon Lake First Nation, saw the Peter Chapman Cree Nation become the 74th member nation added to the assembly's fold.

The history behind the formation of the James Smith Cree Nation has been well documented, and according to Chief Brittain, that proof has already been used for joining the FSIN, and will be used even further in the three-part claim.

"Back in 1902, the federal government amalgamated the three bands together and there was a surrender and an amalgamation that took place on the same day, July 2, I believe it was, 1902. Ever since then, we've existed together in the James Smith 100 [reserve], and Cumberland 100A, which is my people's land base. I'm the chief of Cumberland 100A, who goes under the title of Peter Chapman band, who signed a treaty in 1885, Treaty 5."

The three original reserve lands, James Smith, Peter Chapman and Chakastaypasin, are right next to one another. When the federal government was organizing the reserves, they joined the three reserves together as one.

"None of my people, from the Peter Chapman band, were signatory to the surrender or the amalgamation," explained Chief Brittain. "We were represented by the Chakastaypasin head man. He signed the surrender and the amalgamation, so we had no involvement in there. But nevertheless, we've existed like this along with the other bands.

"Ever since that time, we've always been represented by the elected leadership of the James Smith band, whether that leader was from Chakastaypasin, Peter Chapman or James Smith. We've never had our own elected leadership," he said. Now, that is all changing.

Despite the lack of recognition of their separate identity from the other two bands by the federal government, Peter Chapman Cree Nation has now elected officials for their 440-member band.

"We have our own elected officials, and we are in the process of re-instating that process. We are our own entity," said Chief Brittain.

However, not everyone is recognizing the identities of the three First Nations, according to Trevor Sutter, communications manager for INAC, Saskatchewan region.

"The department's position is that the First Nation, James Smith, can organize itself politically any way it wants," said Sutter.

"For example, [James Smith] currently has three chiefs, and we recognize all three chiefs, except we only recognize the one FirstNation."

Wilf Nordick, registration, revenues, and band governance manager with INAC, elaborated, "The guts of this thing is, it has to be done so it's got to be cost-neutral to the department. In other words, how the department is funded is dependant on the basis of X number of dollars for X number of bands."

The next step in the Peter Chapman Band's long road ahead will be to hold a referendum amongst its members - who are scattered mostly throughout Saskatchewan - to decide whether or not the band will continue to fight for regaining their independence. The referendum will be held on November 19.

In order to inform First Nations people about the re-instatement process, a coalition has been formed whose primary goal is to reinstate bands like Peter Chapman and Chakastaypasin First Nations. Their first meeting, held October 5 and 6 at the Travelodge in Prince Albert, with representatives from across Canada attending. The next meeting is slated for November 24 and 25 in North Battleford.