Stoney Nakoda elder fights to stay in her home for the holidays

UPDATE: On Dec. 17,RhondaKaquittsreceived notification from the law firmMLTAikins, acting on behalf of the Chinikichief and council, that she would be allowed to stay in her home until Jan. 1, 2019.

Stoney Nakoda elder Rhonda Kaquitts is fightingto stay in her home for the holidays.

Kaquitts' fight comes after she received an eviction notice from the law firm MLT Aikins acting on behalf of the Chiniki chief and council.

The StoneyNakodaNation is comprised of threeseparate bands Bearspaw, Wesley andChiniki each with its own chief and council.

The letter states thatKaquittsmust vacate her home by November 30, 2018.Kaquitts says shereceived the letter just 10 days ago, givingherlittle time to leave.

Kaquittssaysshe has made several attempts to reach out for legal help but with no success.

"I feel like I am standing on top of a mountain by myself,"she said.

Standing next to her recently decorated Christmas tree, the 65-year-old says she has lived in the home and celebrated Christmas there for the past 14 years and has no intention of leaving now.

The eviction notice from the band alleges that Kaquittsdoes not hold a "certificate of possession" or a "certificate of occupation" in reference to a clause in the Indian Act.

The letter goes on to state that if the family does not move out by midnight on November 30th, the Chiniki band will seeka court order for possession of the house.

However, according to Kaquitts, the ownership of the land is based on anoral agreement between family membersand adheres to the Stoney's tribal customs.

She says herfamily has requested to see a Chiniki band housing policy so they could get a certificate of occupationbut that they were told there is no housing policy and, therefore, no certificate of occupation.

Kaquitts' granddaughter,WyanneSmallboy-Wesley, says the eviction has nothing to do with her grandmother's right to live in the home and everything to do with a controversial development in the area.

She says the band plans to build a solar array nearKaquitts' home and that the road leading to her house is the only access route to the potential building site.

It is a project Smallboy-Wesleysays her grandmother is against.

"The only way for them to do itis to get rid of her and her family," she said.

TheKaquittsfamilysays the Chinikiband is workingto develop the project.Documents produced to promote the development claim it will create employment and training opportunities for the band.

A land designation referendum was held in October to determine if the Stoney NakodaNation could issue leases for seven sites on its land.

The referendum failed to pass, with 675 out of 1,205 electors voting to not lease out the parcels. Smallboy-Wesley says that vote meant the Stoney Nakodaadministration could not lease out the land.

However, the Stoney Nationis unique in that it is made up of the three separate bands.

Smallboy-Wesley says it means that while the Stoney NakodaNation can not lease the land, each individual band can, sincethe referendum does not apply to them.

She says that since the solar project would be built on Chinikiland, that band is moving forward with the project despite the failed referendum.

Smallboy-Wesleysays the family has reached out to 10 law firms for help but with no luck. The family has also contacted the Alberta Human Rights Commission, which said they should approach the federal government.

According to the family, the federal government said they can't deal with the issueand that it should be taken up with their band theChiniki.

"We were at a loss, we are in no man's land because Stoney doesn't have a constitution, there is nothing in the band laws to protect the people," SmallboyWesley says.

For her part,Kaquittssays she isstaying put in herhouse until further action is taken from the band. CBC News has reached out to the Chinikichief and council but has not yet received comment.

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