Kelly Lake Cree Nation says landmark Supreme Court decision bolsters land claim

The chief of Kelly Lake Cree Nation inB.C.says the landmark Daniels vs. Canada case, which ruled that Mtis and non-status Indians are the responsibility of the federal government,bolsterstheir fight for title to their territory.

The communityon the border of B.C. and Albertais not a treaty signatory, and has been fighting for the past 20 years to prove itsexistence as an independent First Nation.

"The declaration outlined in the Daniels case strengthens our will to resolve our land grievance," Chief Kwarakwante Cliff Calliousaidin a news release.

"We will continue to defend and uphold the inherent Indigenous rights and title to our territory. The government of Canada is fully aware that we are ready to negotiate an agreement."

• Unanimous ruling says Ottawa has jurisdiction over all indigenous people
• What a landmark ruling means and doesn't for Mtis, non-status Indians

Treaty 8 and Treaty 6 territories are nearby, but Kelly Lake Cree Nation was left out of negotiations when those treaties were signed.

In the1950s,the community was supposed to be assessed by a government official, but they "couldn't come to our community because ofhigh waters, so they forgot about us," Callioutold CBC.

Callioubelieves theDanielscase will help clear up any confusion about whether the community is a sovereign Indigenous community.

CommunitynotMtis

Kelly Lake Cree Nation was incorrectly labelled aMtissettlement in the1970s, Calliou said.

"For us, we had never heard the wordMtisbefore. It was something new from one of the leaders ... from outside [the community], and that's always the problem," he said.

Members of the community are the descendents of Cree andDane-zaapeople, and there are traces of Iroquois in their lineage.

Prior to theDanielscase, members of Kelly Lake Cree Nation could only attain Indian status by tracing their genealogy to another First Nation one recognized by the federal government.

"Indian Affairs tried to take that shortcut, saying if your people can go get your status under BillC-31, then we can form a new band," saidCalliou.

Calliou saidthis process does not work for an entire community that wants recognition asa First Nation, with links to an area of land that hasnever been recognized as belonging to them.

Industry operating without negotiation

Since the government previously didn't recognize Kelly Lake Cree Nation's inherent Indigenous right to land, companies have been able to operate there without first negotiating with the community.

"A good example was theycame to drill a well site right by our lake and it was afrackingwell. Alot of our wells were damaged," saidCalliou.

The community's hunting and trapping has also been destroyed by industry and clearcut logging,he said.

"So there's a huge damage in our way of life."

The government turned around and said, "Well, we don't recognize you, you're nobody."- Kelly Lake Cree Nation Chief Cliff Calliou

The community complained to Indian Affairs, but "the government turned around and said,'Well, we don't recognize you, you're nobody,'" saidCalliou.

There is also a gas plant fourkilometresnorth of the community, whichCalliousaidemits an unpleasant smell.

Claim to land strengthened

In 1996, the community filed a comprehensive land claim against the federal government, which says the community are descendants of Indigenous people who have lived in the area since time immemorial.

"In our last claim, we were suing for $5 billion of lost revenue, lost resourcesand damages to our land,"saidCalliou.

Now that theDanielsCase ensures members of Kelly Lake Cree Nation can claim Indian status,Callioubelieves their 20-year-old land claim is strengthened.

"If the government of Canada wants to go through the whole rhetoric of challenging our argument, at the end of the day, they are going to lose because they lost every case that has ever come through," said Calliou.

• Fort William First Nation calls $99M settlement offer 'historic'
• Cree land claim includes Algonquin territory, chiefs say
• Gull Bay First Nation files claim to fix 166-year-old error in size of reserve

Calliou also believes the federal government has an obligation to live up to what was proposed during their campaign in 2015.

"I'm trying to hold Trudeau to that campaign promise that he's made. Here's a good opportunity for the government of Canada to put something on the table, like a framework agreement for Kelly Lake Cree Nation," said Calliou.

"We are not fooling around here, we mean business, we are serious."