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Top News - November -2001

Published November 12, 2001

Elder Bertha Clark-Jones presented a Métis sash to Detective Freeman Taylor Oct. 19 at a gala put on by the Institute for the Advancement of Aboriginal Women. The detective is the first person to receive the institute's Social Justice Award. Elder Madge McRee is in the background. See story here.

Photo by Inna Dansereau

Samson defends treaty rights

Northern entrepreneur receives key to the city

Detective receives social justice award

This is only a partial listing of the stories featured in the November 2001 issue of Alberta Sweetgrass. If you are not receiving your own copy of Sweetgrass, then you have missed out on a lot.


Samson defends treaty rights

Paul Barnsley
Sweetgrass Staff Writer
Calgary

A legal action that has been called the most important Native rights lawsuit in Canada will soon move into its second phase now that basic information has been put into the court record.

Close to 100 days of trial hearings and more than 400 days of examinations of witnesses have been conducted so far in the case of Victor Buffalo v. the Queen. The trial, begun May 1, 2000, takes place in a Federal Court courtroom in downtown Calgary. The First Nation claims $1.385 billion in damages. The trial is not expected to conclude for at least another two years. But the first phase, the "general, historical and constitutional matters" phase of the action is nearly complete. Next, the court will examine the Samson claims regarding the federal government's handling of its money.

Victor Buffalo started the lawsuit rolling when he was the chief of the Samson band in 1989. For years, the preliminary steps in the litigation were shrouded in secrecy. The public only became aware of this gigantic legal action in early 2000 as the first day of trial approached.

Sweetgrass met with Buffalo on Oct. 4 in the 26th floor offices of Terry Munro and Associates. Munro is a management consultant who has advised the band for many years. His offices, located in Western Canada Place in downtown Calgary, across the street from the court, double as the headquarters for the Samson legal team now that the trial is underway.

"My name's on the statement of claim because I was the chief at the time, Buffalo said. "But it's really driven by the nation."

Munro said the Samson community's drive to see this complex action through to its end is the most important factor in the case.

"There've been many changes in council since 1989, but the community is still unified, still fighting and this frightens the government," he said.

He said Samson is one of the few communities with the financial resources to take on the government in an action this big.

Buffalo said the lawsuit is really several lawsuits in one. It will deal with allegations by the band that the government breached its fiduciary trust by not ensuring Samson got the best possible return on assets the Crown held in trust. Samson also challenges the government numbers on the amount of money in its trust funds and alleges the monies were mismanaged. Samson also says, because they had their own revenue coming in, the department deprived the band of services and programs that all other bands received.

"We were entitled to those programs as Aboriginal people, as average Canadians, as average Albertans," he said. "Instead, the government sent us on this guilt trip, saying we were taking money from poor First Nations."

One of the largest pools of oil in oil-rich Alberta was discovered in the region near Hobbema in the 1940s. Almost a third of that pool sits under Samson lands. The band surrendered the lands in 1946 but kept an interest in the mineral rights. Buffalo said the band surrendered the land because the oil companies wanted the security of negotiating deals with the government rather than the First Nation.

Both Munro and Buffalo agree that, at its heart, this is a case about the sanctity of treaties.

'It's a treaty case. It's about what flows from the treaty," Munro said. "The treaty is the foundation of the relationship, not the Indian Act. The Crown is trying to treat it as nothing more than a commercial dispute. They don't want a pronouncement that's favorable to Indians on treaties."

"We exist because of treaty rights, not because of the Indian Act," Buffalo said. "The Indian Act's a creation of the Canadian government."

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Northern entrepreneur receives key to the city

Curtis J. Phillips
Sweetgrass Writer
Fort McMurray

Mickey Demers was presented with a key to the city from Fort McMurray's mayor Doug Faulkner on Oct. 22.

But for Demers, the door to opportunity had already been opened in 1996.
It was on this date that he took the big step into the world of business by creating Demers Contracting Services Ltd.

Five years later, the success of his hard work and dedication was recognized at the Excellence in Business Awards.

In front of nearly 200 fellow entrepreneurs at the Sawridge Hotel, Demers was presented with an ice crystal trophy, framed certificates from the Alberta Legislative Assembly and the symbolic city key, as a result of being selected as the Chamber of Commerce's Business of the Year.

Chamber of Commerce Executive Director Diane Slater said that Demers, 45, was an "excellent representative" for the inaugural award.

"In past years it (awards banquet) was just the small business award (open to businesses with fewer than 20 employees). We realized that we promote growth in business and we were leaving out groups that had grown, like Demers.

"For this new award there was . . . such things as commitment to the business community, growth (more than 20 employees) and where they started and where they are today.

"We are delighted for Mickey. I think for any organization like us, it is wonderful to see a business, period, Aboriginal or any other ethnicity, to be successful."

Success did not come easy for Demers, a Métis who was born in Fort McMurray and who has family roots in the region dating back to 1903 and his grandparents, William and Agatha Loutitt. Agatha was Cree.

"For the first couple of years my wife was paying the mortgage bills," recalls the affable Demers, of his wife Susan who is an accountant with Syncrude Canada Ltd. "It was a little tough starting out."

Demers had worked 20 years in the oil sands industry. At age 40 his wife and sister persuaded Demers to go out on his own.

"They said that instead of working so many hours for someone else, you should get out an do it for yourself," said Demers.

He started with two other employees; his brother Bill and Rob Lacroix.
One of their first major investments was a bobcat for $35,000.

Now six years later, Demers has 30 full-time employees and 29 pieces of heavy equipment, including three D-6 Bulldozers that cost $450,000 each.

"A person has to be prepared to commit themselves on a long-term basis," said Demers, of the key ingredient to his success, "You can not be a fly-by-night operation. For most businesses, the first three to four years will be tough. We became established and acquired good clients. Having good people-make that great people-behind you is also the key to success."

Demers said 50 per cent of his work force, which includes two Métis nieces, is Aboriginal. "All of my workers are quality people."

Of the Chamber of Commerce award, Demers said, "It means that all the hard work that we have done is well-deserved."

Demers has two of his sons following in his footsteps: Colin, a heavy duty mechanic, and Graeme, a heavy equipment operator.

An avid golfer and curler, Demers looks forward to the day he breaks the 72-par at MacDonald Island Golf Course. His best score to date is only two strokes off at 74.
Demers also has ownership or part ownership in several other companies including DCL Construction Inc., Premium Meats and Demers Contracting Ltd., which was founded by his father Ernest and uncle Hector in 1938.

Of his future, Demers predicts "I was born and raised here and I will retire here," says Demers. "This is home."

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Detective receives social justice award

Inna Dansereau,
Sweetgrass Writer,
Edmonton

An Edmonton police officer has received the first Social Justice Award of the Institute for the Advancement of Aboriginal Women (IAAW). On Oct. 19, Detective Freeman Taylor was recognized for bringing justice in the long-outstanding murder case of an Aboriginal woman.

Joyce Cardinal was brutally assaulted the night of Nov. 27, 1993, said Gerry Shimko, deputy chief of the Edmonton Police Service.

Cardinal, 36, was walking home from a house party when she got lost in a maze of condo pathways in Edmonton. She knocked on a stranger's door for help. A young man who answered the door couldn't understand what she was saying because of her severe speech impediment. He went out and walked with her a short distance before deciding to rob her. When she didn't have anything to give, she was beaten and a short while later set on fire by the same man.

Cardinal suffered third-degree burns to more than 70 per cent of her body and she died in hospital almost a month later.

"Detective Taylor responded to the scene. He was horrified by what he saw, but he was determined to bring the person responsible to justice," said Shimko. After initial investigations and an offer of $40,000 by the Edmonton Police Commission for information leading to the arrest of the person responsible, no one was arrested.
Detective Freeman continued to follow the prime suspect who lived in British Columbia.

"Every couple of months I would check to see where he was at. People like that normally keep themselves in trouble," said Taylor.

In August 2000, Todd Elliot was arrested. The accused pleaded guilty to second-degree murder and was sentenced to life in prison with no chance for parole for 15 years.

"Our job is to make any effort to bring closure to the family members and loved ones, and to bring justice to those responsible for the crime," said Taylor.

"After we arrested Todd Elliott, I called family members of Joyce. I could feel the tears of joy in my own eyes. When I met them in person, the appreciation was shown to me through their tears, through their hugs and through their handshakes. Nothing can ever be more rewarding.

"We must reaffirm that no matter whether the case is a decade old or a week old, no matter what the race, economic status or sex of the victim, we must continue to pursue those responsible with the same intensity," Taylor said.

Cardinal's family members from Wabasca presented the detective with a token of appreciation: a painting of a cardinal bird to remember Joyce Cardinal and how grateful they are to him for solving her murder.

"This evening brought back memories, but it's a relief, now we can move on. It's a good feeling," said Leonard Cardinal, Joyce's brother.

In 1995, names of 110 Aboriginal women who have been murdered in Western Canada were put on a list of murders where no one was charged, said Muriel Stanley Venne, president and founder of IAAW.

"Here was a man who solved one of the murders. We, as the Aboriginal women's organization, have to honor and encourage the dedication of this officer in the Edmonton Police Service," she added.

Since its foundation in 1994, the IAAW has been standing up for the rights of the Aboriginal women and trying to change attitudes towards them.

"We honor our own women in Esquao Awards every year and deal with discrimination, which Aboriginal women are faced with on daily basis," Stanley Venne said.

The evening concluded with a fashion show featuring Aboriginal designers.

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