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The Rocky Mountain Cree say they'll continue to press their claim to compensation, although they've been evicted from Jasper National Park.
They had camped just inside the east gate of the park until Oct. 13 when park wardens evicted them and charged three men with illegal camping. The group had been camping inside Jasper for over a month passing out leaflets explaining their claim. They said they were not fairly compensated for giving up their residence and use of the park for hunting, fishing and trapping.
But Ian Rutherford, acting assistant deputy minister of the Canadian Parks Services, said the case is "closed. As far as we can determine there is not evidence for their claim. Our advisors were unable to uncover any evidence they were not properly compensated. There is no documentation so they have no legal basis at all."
The group's spokesman, Lester Howse, said the Cree will continue their fight and will meet next week to discuss the possibility of taking the matter to the Supreme Court of Canada.
He said the legal system has been used against them and "we will go ahead with occupying the land. We will not be removed anymore."
The demand for a commission of inquiry into the land claim was rejected in a letter from Ottawa to Chief Charlie Desjarlais of the Rocky Mountain Cree.
Michael Audy, the park's assistant superintendent, said the park tolerated the encampment because there may have been some validity to the claim. "But since Ottawa decided on the basis of historical information the Crown had met its obligation, there was no further need for us to tolerate their illegal activity."
Compensation ranging from $300 to $2,000 was paid to six Native families who lived in the park before its creation in 1909, said Audy. Because they did not hold title to the land, the money was for improvements to the land.
Howse, however pointed to a letter his elders say gave them the right to settle anywhere on Crown land without being bothered. But Audy said the government's legal advisors have been unable to locate that letter.
The three men charged were the only protesters present at the site when wardens arrived with the response from Ottawa, said Audy. Howse, Chief Desjarlais and Kenny Desjarlais were ordered to appear in court Dec.4 on charges of illegal camping. The maximum fine if convicted is $2,000.
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