The Bigger Picture: Kehewin moving towards Complete Self-Determination

“Treaty law trumps Canadian law,” Kehewin Councillor Benjamin Badger explains why Gordon Gadwa’s recent case in Canadian Courts holds no bearing on the governance of Kehewin Cree Nation. “Time and time again, in history, if you look through cases, Treaty law wins over Canadian law.”

It’s not that Councillor Badger, Chief Brenda Joly and the rest of Council are blatantly ignoring the case Gadwa took to the courts, it’s that Council isn’t required to follow the ruling. Councillor Badger explains, “in Kehewin, we’re a Treaty Nation, we had the ability to enter into a treaty because we are a sovereign nation. Which means we had the ability to govern ourselves before contact [from the Eurpoeans].” In 1876, Kehewin signed Treaty 6, “that gave us the treaty base.”

An easy way of thinking of Kehewin Cree Nation is like the Vatican. The Vatican appears as a city in Rome, but it is in fact its own country or sovereign nation, with its own governing body and laws. That is is the same with Kehewin Cree Nation in Canada.

Canadian-Native politics grew since 1876, explains Councillor Badger, “the Canadian Indian Act came into play. This is Canadian legislation that is involved in the Canadian legal framework. We all know, Canadian law answers to the Constitution.” Councillor Badger explains there are some glaring issues with the Indian Act, “it was meant to assimilate and control us; but there was protections in there for our lands. In these lands we always had the ability to govern ourselves.”

Colonization means we were dispossessed; of our land base, of our cultures, of our traditions. All the governing factors that make a Nationhood. After we were dispossessed we became dependent on the Indian Act. – Benjamin Badger Councillor Kehewin Cree Nation

It’s important to recognize the struggle indigenous people have had in asserting their rights to govern themselves, “you hear ‘colonization’ and I want people to know what that means, because it gets thrown around a lot. Colonization means we were dispossessed; of our land base, of our cultures, of our traditions. All the governing factors that make a Nationhood. After we were dispossessed we became dependent on the Indian Act. This legislation dictated if I was Indian enough I could live on a Reserve, if I could work… There’s so much in the Indian Act, but the root of it is where we are at.”

Councillor Badger says the new direction that Kehewin Cree Nation is taking is self-determination, “we always had the ability.” An important step that Council is moving towards is building a constitution for Kehewin. “In Kehewin we’re talking about Gordon (Gadwa) and the Chief [position], but we need to be talking about the bigger issue; we’re still suffering from the Indian Act. The Indian Act oppressed us as people. We became dependent on the Act to govern ourselves; ultimately, we have to remember as a sovereign nation we have the ability to govern ourselves, we just have to remember it and practice it.”

It’s not all about us, as Indigenous Peoples – it’s a humanity thing. – Councillor Benjamin Badger

“Now we’re hearing the Trudeau Government talking about rebuilding the Nation-to-Nation relationship; that’s what it means, we’re a sovereign nation with the ability to practice Nationhood. In that Nationhood building we have the capacity to make decisions within our borders to define who we are.” There are 634 Reserves in Canada with only a small number that self-govern. The system still flawed in a sense as it was self-governing policies that Canada developed, “you can be self-governing but here are the rules, you have to really think of that perspective.”

There are four ways Reserves choose to hold elections

1. Follow the Indian Act
2. First Nations Election Act
3. Custom Election Process
4. Nation Develops own Constitution

Kehewin used a Custom Election Process for its last election. The word “custom” in this instance is used to mean best-suiting, not traditions. With the new elected Council and Chief, Kehewin is moving towards developing its own Constitution. With a Constitution in place the Nation will be better able to govern itself, as well as better shape rules & regulations behind the election process so issues like Gadwa v Kehewin do not happen. “We have to put forward good governance; integrity, honour, respect. That’s going to leave a legacy for the next generation.”

One of the positive things that are happening in Kehewin right now, peoples are finding their voices again. – Benjamin Badger Councillor Kehewin Cree Nation

Councillor Badger cannot speak to the specifics of the Gadwa v Kehewin case because there is an appeal filed and it is still active in the courts. “The bigger picture is the people in Kehewin know we have the ability to govern ourselves, but we need to build the capacity to do so.”

We have to start remembering who we were, as peoples. – Benjamin Badger Councillor Kehewin Cree Nation