Oldest living Cree Elder delivers land claim

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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 Metis 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 determinedafter 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.