Four First Nations are asking the Federal Court of Appeal to overturn a historic land ruling. Consequently, they launched the challenge on the 150th anniversary of signing Treaty No. 6.
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Onion Lake Cree Nation, Cold Lake First Nations, Kehewin Cree Nation and Frog Lake Cree Nation filed an application for judicial review on Sept 9.
The filing challenges an Aug. 10 decision by the Specific Claims Tribunal of Canada regarding approximately 17,895 acres of land known as the Haylands.
The tribunal ruled the Haylands were not reserve lands established under Treaty No. 6, determining the Crown’s obligation was limited to ensuring the Nations had access to hay for livestock.
The Onion Lake Agency First Nations argue Treaty promises protected the land to support agriculture as buffalo declined.
“Our Nations are standing together because this is about our sacred Treaty,” said Onion Lake Cree Nation Okimaw Pete Chief in a release. “The Haylands were connected to the promises made to our ancestors to protect our people and sustain our Nations into the future.”
The appeal focuses on tribunal failures regarding Treaty rights and 19 Elders’ oral history on protected land.
However, leaders warn that separating land disputes from the broader Treaty context risks undermining historic commitments.
“Our Elders carry the spirit and intent of Treaty through our languages, ceremonies and oral histories,” said Kehewin Cree Nation Chief Vernon Watchmaker. “When their voices are heard, but the Crown’s obligations are still interpreted in a way that does not reflect our understanding of Treaty, it undermines confidence in the very process created to address these historic wrongs.”
Cold Lake First Nations Chief Kelsey Jacko said the commitments made regarding land and agriculture were meant to endure.
“Our ancestors did not enter Treaty for promises that Canada could later narrow, redefine or walk away from,” Jacko said.
The ancestral leaders of the four Nations signed the adhesion to Treaty No. 6 at Fort Pitt on Sept. 9, 1876.
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