Electricity restored to Black Bear Crossing homes after ruling
The Tsuu T’ina Nation has been found in civil contempt of court for cutting utilities to three people living in an evacuated housing complex on the reserve — a “clear and flagrant” violation of court orders said the Court of Queen’s Bench judge who made the decision.
As part of an ongoing struggle between the residents and the Nation the band cut electricity and water to the homes at Black Bear Crossing days after Justice Jo’Anne Strekaf ordered October 20 that the status quo be maintained at the site. Another judge issued two subsequent orders instructing the band to restore the utilities but they remained off.
The residents’ lawyer Laura Snowball told court November 7 that the band’s actions were “a public flouting” of the court’s jurisdiction. “Surely this court and the public at large that has watched orders be issued and orders be disregarded is entitled to an explanation” said Snowball.
Hours after Strekaf ruled that the band failed to explain its actions and was in contempt electricity was restored to the homes of Fred Fraser 64 and Florence Peshee 74. The siblings whose electricity was disconnected for 10 days both consider themselves Tsuu T’ina but lost their membership when their mother married a Métis man. A third Black Bear Crossing resident Regina Noel 69 fluently speaks the waning Tsuu T’ina language but lost her membership when she married a Sioux man in the ’50s. All three are fighting for band membership and refuse to leave the complex just west of 37th St. S.W.
Tsuu T’ina councillor Traves Meguinis says that while media attention has focused on the three holdouts the band deserves credit for doing “an excellent job” of relocating the 150-plus families evacuated from Black Bear Crossing. Through an agreement between the band and the federal government evacuees on the membership list are being put up in Calgary rental properties. Others are moving into new homes on the reserve. “Those are the things that we’re proud of as Tsuu T’ina Nation leaders” says Meguinis adding that the current situation at Black Bear Crossing is both “unfortunate” and “complex.”
“We’re trying our best to make sure that we represent the elders and the membership in a respectful manner” Meguinis says. He declined to comment on chief and council’s response to the contempt finding. “Everything that’s being dealt with here [in court] — it’s very foreign to our people” says Meguinis. “That’s why we leave it to our lawyers to deal with.”
In explaining her contempt finding Strekaf noted the band originally invoked the court’s jurisdiction by applying to have the residents evicted in October. “Yet it is the Nation that is now being characterized as having failed to obey orders granted by the court — by the very court whose assistance it has sought” she said. “This has the appearance of wanting to have it both ways.” In court November 10 Tsuu T’ina lawyer Jeffrey Rath said the band takes the court orders “very seriously” and will do its best to follow them.
While the holdouts’ power has been restored turning the water back on has been more challenging. Band administrator Kevin Littlelight told court that vandals have damaged the plumbing in Black Bear Crossing by stealing copper pipes from empty units. “The infrastructure to that place is a total mess” Littlelight said. Water was briefly restored November 11 but was turned off again because basements in other units were flooding.
The band offered to put the holdouts in hotels for three days while it works to restore water but Noel and Fraser refuse to leave their homes. “I’d be worried that they would… tear down my home and then throw things all over and say ‘It’s not livable so you have to leave’ ” says Fraser. “So then I’m up the creek. I’ve got no place to go then. At least I’ve got some place to go right now.”
Peshee meanwhile recently paid a brief visit to the Foothills Hospital. Her niece Patty Fraser says her aunt’s health is deteriorating from stress. “She’s very strong about fighting her cause but when you’re 74 years old and you’re trying to stay in your home it’s very frustrating to have these holdbacks” says Patty. Peshee did end up staying in a hotel.
Strekaf has stayed the band’s eviction application until the contempt application is completely dealt with. As of press time the court hadn’t decided on a penalty for the contempt.
