December 17, 2019
Dear Minister Schulz:
Re: ADOPTION AND/OR PRIVATE GUARDIANSHIP CEASE AND DESIST- 3RD AND FINAL NOTICE
On August 30, 2018, Grand Chief Noskey wrote a letter to then Minister Larivee, advising the Government of Alberta to Cease and Desist all adoptions and/or private guardianship of Treaty 8 Children. In addition, a copy of an Official Resolution R0S-2012-09-27 from the Assembly of Treaty Chiefs that took place in 2012 was provided stating that the Government of Alberta 'terminate the process of private guardianship and adoption'.
We have raised this matter with Alberta Children's Services on more than one occasion and we have consistently demanded that your government cease and desist all Adoptions/and or Private Guardianship of all Treaty 8 Children, especially using "Category 4" of Treaty 8 First Nations children.
The impacts to Treaty 8 First Nations children as a result of Adoption or Private Guardianship is of grave concern to the Sovereign Treaty 8 Nations. The impacts to our children include, but not limited to:
- Loss of their Inherent Rights and Natural Laws, including their ability to hunt, fish, gather and trap freely; and,
- Connection to their culture, family and community (cannot participate in Nation activities as a result of their status number removed and a B-number given to them explicitly to access medical, dental and optical services); and,
- Several Indian Act amendments and effects to Indian Status Registry including membership, citizenship and status eligibility as a result of the 1985 Bill C-31, the 2011 Bill C-3 and the most current Bill S-3; and,
- Promises made under Treaty No. 8 when it was signed in 1899 such as Education (i.e. Funding and priority status as a result of waiting for a new status number to be assigned, a process that can take up to 3 years); and, or
- Any potential financial gains through any royalties, settlements, agriculture benefits, and per-capita distributions, etcetera; and,
- Loss of identity and ability to determine First Nation membership status (ex. must be able to answer membership eligibility criteria questions).
Under Section 35 of the Constitution Act, 1982, the existing aboriginal and Treaty rights of the Aboriginal peoples of Canada are hereby recognized and affirmed. Yet time and again, the Province of Alberta has continued to disregard the Treaty relationship with the Crown and disrespect the authority and jurisdiction of our Sovereign Treaty 8 Nations.
The Sovereign Treaty 8 Nations are in various stages of developing their own child well-being laws. Full cooperation will be required by all Alberta staff to ensure a smooth transition occurs as we bring our Children home. Lack of cooperation will not be tolerated. You must uphold the Honor of the Crown in respect of our Treaty.
Without any further delay, we expect a response on the above matters prior to January 7, 2020.
Treaty 8 Nations have never given any authority to any government institution for our children, regardless of their residency.
Regards,
Arthur Noskey
Grand Chief
Treaty 8 First Nations of Alberta