Thank you.
I'm Doris McDonald. I'm the vice-president of the Aseniwuche Winewak Nation. Aseniwuche Winewak in Cree means the Rocky Mountain People.
Our community emerged as a distinct society in the first two decades of the 1700s when Iroquois men from the Six Nations migrated to the Rocky Mountains. They intermarried with other indigenous peoples of Beaver, Sekani, Cree, and other nations and settled in the Athabasca River Valley in what is now known as Jasper National Park. Our ancestors were expelled from Jasper National Park when it was created.
At the time we were advised by the federal government that we could move wherever we wanted and not be bothered again. Our ancestors chose to relocate to the remote area of Grande Cache, and here we lived undisturbed for almost 60 years, until coal was discovered and a mine developed at Grande Cache. The town of Grande Cache was built on our settlement, and our hayfields and pasture lands were bulldozed to build the town.
At the time that the Dominion government made its first preparations for Treaty 8 in the early 1800s, it identified our people at Jasper House as one of the groups it would enter treaty with. However, when the treaty commissioners traversed northern Alberta in 1889 and took adhesions to Treaty 8, they did not travel to Jasper House. We have never adhered to a treaty or been offered the opportunity to do so.
Some of our ancestors entered into Treaty 6. Chief Michel, one of the descendants of the original Iroquois settlers in Jasper House, and his family migrated to Lac Ste. Anne outside of Edmonton. He and his extended family and followers signed an adhesion to Treaty 6 in 1878.
The historical records show that some of our ancestors applied for Métis scrip, which they were denied on the basis that they were Indians. The Government of Alberta has recognized that we have an aboriginal right to hunt, fish, and trap. In the early 1990s Alberta researched our history and concluded that we were Indians within the meaning of the Indian Act, because we are entitled to be registered as Indians. Unfortunately, Canada has not shared this opinion and has refused to register our members as Indians.
We currently have approximately 400 members living on four cooperatives and two enterprises near the town of Grand Cache, Alberta. These cooperatives and enterprises were created to hold land communally, land which was set aside by Alberta for us in the early 1970s.
What we are seeking is recognition by Canada that we are a first nation and an Indian band within the meaning of the Indian Act. We are seeking an adhesion to Treaty 8.
Today we are striving to maintain a standard of living for our people comparable to that of other Albertans. It has been a struggle for our people to adjust to the loss of their traditional livelihoods and way of life, and to adjust to the values of mainstream society.
We welcome this opportunity to present our concerns about Bill C-30. Our concern is that it's limited to the definition of first nation in clause 2 of the bill. The definition is limited to bands as defined by the Indian Act or nations that have entered into comprehensive land claim agreements or self-government agreements. We request that the definition be expanded to include first nations who qualify to be bands under the Indian Act but for Canada’s breach of its lawful obligation. Bill C-30 excludes from the jurisdiction of the specific claims tribunal those first nations, like the AWN, whose claim is based on a breach of a lawful obligation, which directly relates to their status under the Indian Act. Currently there is no policy or tribunal available to the Aseniwuche Winewak Nation to pursue its claim, outside of the courts.
We are seeking an adhesion to Treaty 8 and recognition of our status as Indians under the Indian Act. We believe that Canada has breached its obligation to us in two ways: first, by failing to treat with us; and secondly, by failing to register our members as Indians.
Under paragraph 14(1)(c) of Bill C-30, a first nation can bring a claim for failure to provide reserve lands, including unilateral undertakings that give rise to fiduciary responsibilities at law. We believe this applies to us.
We understand that the Supreme Court of Canada has held several times that the honour of the crown is at stake and it must deal honourably with the legitimate claims of first nations.
We ask for this committee's support to help achieve justice and dignity for our people, and we thank the committee for its consideration.