Stoney Nakoda elder fights to stay in her home for the holidays
Rhonda Kaquitts received an eviction notice sent to her by her chief and council
UPDATE: On Dec. 17, Rhonda Kaquitts received notification from the law firm MLT Aikins, acting on behalf of the Chiniki chief and council, that she would be allowed to stay in her home until Jan. 1, 2019.
Stoney Nakoda elder Rhonda Kaquitts is fighting to stay in her home for the holidays.
Kaquitts' fight comes after she received an eviction notice from the law firm MLT Aikins acting on behalf of the Chiniki chief and council.
The Stoney Nakoda Nation is comprised of three separate bands — Bearspaw, Wesley and Chiniki — each with its own chief and council.
The letter states that Kaquitts must vacate her home by November 30, 2018. Kaquitts says she received the letter just 10 days ago, giving her little time to leave.
Kaquitts says she has made several attempts to reach out for legal help but with no success.
"I feel like I am standing on top of a mountain by myself," she said.
Standing next to her recently decorated Christmas tree, the 65-year-old says she has lived in the home and celebrated Christmas there for the past 14 years and has no intention of leaving now.
The eviction notice from the band alleges that Kaquitts does not hold a "certificate of possession" or a "certificate of occupation" in reference to a clause in the Indian Act.
The letter goes on to state that if the family does not move out by midnight on November 30th, the Chiniki band will seek a court order for possession of the house.
However, according to Kaquitts, the ownership of the land is based on an oral agreement between family members and adheres to the Stoney's tribal customs.
She says her family has requested to see a Chiniki band housing policy so they could get a certificate of occupation but that they were told there is no housing policy and, therefore, no certificate of occupation.
Kaquitts' granddaughter, Wyanne Smallboy-Wesley, says the eviction has nothing to do with her grandmother's right to live in the home and everything to do with a controversial development in the area.
She says the band plans to build a solar array near Kaquitts' home and that the road leading to her house is the only access route to the potential building site.
It is a project Smallboy-Wesley says her grandmother is against.
"The only way for them to do it is to get rid of her and her family," she said.
The Kaquitts family says the Chiniki band is working to develop the project. Documents produced to promote the development claim it will create employment and training opportunities for the band.
A land designation referendum was held in October to determine if the Stoney Nakoda Nation could issue leases for seven sites on its land.
The referendum failed to pass, with 675 out of 1,205 electors voting to not lease out the parcels. Smallboy-Wesley says that vote meant the Stoney Nakoda administration could not lease out the land.
However, the Stoney Nation is unique in that it is made up of the three separate bands.
Smallboy-Wesley says it means that while the Stoney Nakoda Nation can not lease the land, each individual band can, since the referendum does not apply to them.
She says that since the solar project would be built on Chiniki land, that band is moving forward with the project despite the failed referendum.
Smallboy-Wesley says the family has reached out to 10 law firms for help but with no luck. The family has also contacted the Alberta Human Rights Commission, which said they should approach the federal government.
According to the family, the federal government said they can't deal with the issue and that it should be taken up with their band — the Chiniki.
"We were at a loss, we are in no man's land because Stoney doesn't have a constitution, there is nothing in the band laws to protect the people," Smallboy Wesley says.
For her part, Kaquitts says she is staying put in her house until further action is taken from the band. CBC News has reached out to the Chiniki chief and council but has not yet received comment.
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