Royalty payments cut off to band

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Royalty payments have been cut off to the Saddle Lake First Nation and the Goodfish Lake Band, over a dispute with Indian Affairs over the question of membership of re-instated status Indians.

People who were re-instated as status Indians, under Bill C-31 and were added to the membership lists of the two bands by the Indian Affairs, must receive their share of per-capita payments, insist government officials.

"We haven't accepted the re-instated people. Our programs, services and per-capita distribution is for our members. We send the Bill C-31 people to Indian Affairs for the services they need," said Chief Houle of Saddle Lake.

Band members of the Goodfish Lake band have been denied their gas royalty shares, as Goodfish Lake and Saddle Lake are considered by the government as one band.

Royalty shares of $20 were distributed in May, since then distribution has stopped. Previous distributions were reduced from previous payouts of $40 to $100.

Saddle Lake held a referendum vote on membership codes on May 16. The vote received a majority, said Houle. The membership codes have been submitted to Indian Affairs and are presently under review.

However, Houle states that the regional office of Indian Affairs has refused to recognize the referendum results, because 18-year-old band members were not allowed to vote.

Bill C-31 had also lowered the voting age to 18 yeas old from the previous 21 year old voter eligibility as well as restoring status to many non-Status Indians. But under Saddle Lake customary law, band voters must be over 21 years old.

Saddle Lake council had sent a band council resolution (BCR) with a list of band members the band council said are eligible to receive per-capita shares.

But Indian Affairs officials refused to recognize the list, because it excluded re-instated members.

"We have forwarded our band list, whether the government recognizes our action, we will continue to run our own affairs," said Houle.

"The gas royalty monies have not been cut off, we are waiting for a band council resolution, requesting per-capita payments for all band members. Including the re-instated band members," said Jack Heghes, Manager of Statutory Requirements and Band Resources.

Heghes, confirmed that under secion 64.1a of the Indian Act, per-capita shares could be distributed to band members from that particular band's capital revenue account, however band consent is necessary.

"The Indian Act is quite clear on per-capita distribution, that all band members, including re-instated band members be eligible to receive per-capita shares." stressed Heghes, who admitted that, Saddle Lake did send in a band council resolution and band membership list that excluded re-instated status Indians.

The gas royalty money is presently being deposited into the band's capital account, said Heghes.

Chief Houle does not know when the issue will be resolved or when royalty per-capita shares will be distributed again.

"We will probably hold out, if Indian Affairs insists that we include C-31 people. We will bank our money," said Houle. Chief Morris Jackson of the Goodfish Lake tribal council was unavailable, to comment at press time.