Samson band sues feds for $575M

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A $575-million lawsuit launched by the Samson Band against the federal government is a turning point in the fight by Indian bands for self-determination, says the band lawyer.

"If they don't get control of their own money, there is no hope in this land for the Indian nations to have meaningful, real self-government," said James O'Reilley.

"If they can't even control their own money, which rightfully belongs to them, then it's all a farce what the federal government is saying. It's double talk. It's foaming at the mouth," he

told an Edmonton news conference on Oct. 2.

Ottawa wants to keep even wealthy Indian nations like Samson "in a state of bondage," he said.

The band filed suit Sept. 29 in the Federal Court of Canada in Montreal. It charges Ottawa with mismanagement of band royalties held in truest by the government.

"Had they been a trustee for the white people, they would have been fired many, many years ago," charged O'Reilly.

"The issue of self-determination is very much a part of this action," he added.

Ottawa's statements that it believes in self-determination are "empty words," said O'Reilly. "This is nonsense."

Samson Chief Victor Buffalo agreed. "For years despite Canada's pronouncements in favor of self-government, Canada has refused to permit the band to control its own monies," he

said.

O'Reilly noted when the band needs money from the trust fund, it has to go to Indian Affairs Minister Pierre Cadeux for approval.

"They have to beg for their own money," said O'Reilly.

Ottawa wants to continue to treat Indians as children. Trustees are for children. Trustees are for incapable people. And trustees are for Indians, if we believe this should still be the

system today."

The Samson Band was patient, said O'Reilly, and had tried long and hard to resolve the dispute. "Enough was enough," he said.

Buffalo said the last straw came in April at a meeting with Donald Goodwin, assistant deputy minister of Indian Affairs.

He said Goodwin made the band officials wait a whole day to meet with him and then stormed out swearing after five minutes when he realized the band meant business and wanted

action.

"If your banker did that to you, I'm sure you would take your money out right away. We will not stand for that anymore - being treated like children. We have a trust company (Peace

Hills Trust) capable of taking deposits from the average person off the street. And yet we're not able to put our capital monies into our own trust company," he said.

"Our patience ran out," he said.

Goodwin couldn't be reached for comment.

Buffalo accused Ottawa of having received "very low returns on the monies held in trust, having denied the band any say in the handling or investment of its monies and having paid

interest at rates considerably below market yields.

"The band alleges Canada has used the trust monies of the band primarily for the financing of the national debt," he said, reading from a prepared text.

Indian Association f Alberta President Roy Louis, a member of the Samson Band, threw his support and the support of the IAA behind the lawsuit.

"The lawsuit is just," he said. "I think we have a good strong case."

"There's a great deal of frustration in Native communities and a flood of suits could follow from other oil-rich band like the Enoch, Stoney, Louis Bull and Montana bands," he said.

They should launch their own suits even before waiting for this one to be settled, he said.

The Samson Band is the second of the four Hobbema Nations to file suit. The Ermineskin Band filed a similar suit April 1988.

Although Hobbema's four bands are considered Canada's richest Indian bands, the Samson Reserve lacks essential services like its own school and policing, said Buffalo.

"It's time we start doing things for ourselves."

Among the claims included in the suit is an amount of $150 million, which the band is claiming for programs and services including housing, education, roads and economic

development. Ottwa had ruled the band a "have band" and ineligible, he said.

"We have to fight with the federal government for normal programming funds that we're entitled to as treaty Indians of Canada. Every taxpaying Canadian has (access to) family

allowance and old age security and we're entitled to it just as well as anybody else," said Buffalo.

"If the courts decide on the law alone, we should win this one easily," said O'Reilly.

Buffalo told Windspeaker his band was close to reaching a self-government deal similar to the one signed recently between Ottawa and the Sawridge Indian Band before talks broke

off.

"They don't want to let go of the funds. They're using it to finance the national debt," he said.