Historic court session held at Saddle Lake

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On March 23, Saddle Lake was host to an important event when Tracy Fleck, a Saddle Lake First Nation member, was called to the bar before her people during an all-Native ceremony held on Native land. It was the first such event in Alberta history.

"Today is an interesting day," said Judge Tony Mandamin. "We are hearing an application for admission from a Saddle Lake person to the Law Society of Alberta. This application, heard here in Kihew Asiniy School where we are sitting, is not a gym but at this very moment, you are sitting in a court."

Mandamin explained he had obtained special permission from the Provincial Court of Alberta to temporarily transform the gym into a court for the occasion.

"We are now, therefore, in court. This is a ceremony where one is called to the bar. The bar is a railing across the front of a court room. On one side are the public, and the other side holds people whose matters are before the court. That includes the applicant, lawyers, clerks and the judge. In this case, Tracy Fleck is the applicant, applying for the right to sit on the court side of the bar."

Judge Mandamin asked Roxanne Crowchild, a court reporter, for the official documents for Fleck's application. He then invited Wilma Jacknife, a barrister and solicitor, to approach and present Fleck to the court.

"Everyone is here at this special sitting of provincial court to witness the first, the historic, swearing in ceremony of Miss Fleck into the Law Society of Alberta, the first ceremony of its kind in Alberta, and as far as I know, in Canada, to be conducted on a First Nations Indian reserve in front of a First Nations judge, presented by a First Nations lawyer, presenting a First Nations lawyer into the law society and co-ordinated by a First Nations court, " said Jacknife.

Mandamin granted Fleck's application.

"Tracy Fleck, as judge I have the privilege of being the first to congratulate you today. You will find the work you are engaging in to be challenging, intense, diverse and often fast-paced and ever-changing," he said.

"Your reputation is your greatest asset in the practice of law, and will be advanced by being known as a person who honors her word.

He told her she must keep several things in mind as she practises law, and the first is to observe Indian law by respecting others.

Mandamin spoke of Treaty 6, and the principles of restorative justice that First Nations people practice and that Canada has adopted.

"One of your duties will be to give meaning to the justice clause in Treaty 6," he told Fleck, "to find new ways, if necessary, that Indian people can maintain order amongst themselves, and help harvest peace in this country."

Fleck left Saddle Lake as a four-year-old child, but returned four months ago to take on the role of general counsel for the reserve. She has worked with other Aboriginal groups across the country, and left a high-powered position to come home.

"I'm ready now. I believe I have something to offer. There are 8,000 people here. There are businesses, law to attend to. There's a lot at stake. I've made money for people on Wall Street for years. I now want to give something back to the people. It's the right time, and the right thing."

Fleck said that if the focus of the day remained only on her accomplishments, then the point of the event would be missed. She said the day signified the ever-progressing independence and accomplishments of First Nation people.

"It's the first all-Native court operated in Alberta on reserve land," said Fleck. "There are courts on reserve land with a Native judge and court reporter, for example, but there has always been a lawyer or two who are non-Native."

The day was also about encouraging youth, she said. It was no mistake that the session was held in the school in front of the students. Fleck said the event demonstrated that goals can be set and achieved, and she hoped she provided some inspiration.

"Today w had this court here. In five years, I hope we have our own building with a courtroom, and we're running it with our laws. My vision is to help set up a justice system here, with the people telling me what the laws are. I will draft them up, and be the mechanism to help them make the customary law apply on our lands."

After Judge Mandamin declared the court closed, band councillor and master of ceremonies Cherrilene Steinhauer announced the start of a traditional ceremony. Bernie Makokis opened with a prayer and smudge. Ricky Makokis sang the honour song, accompanied by the Ben Cardinal Drum Group. Chief Eddy Makokis addressed the community, followed by speeches from family representative Ernie Cardinal, and a youth representative. Fleck then presented gifts to the First Nations court and gave a speech of thanks. The ceremony closed with the Ben Cardinal Drum Group.