Morley elder is evicted for second time, same house

Rhonda Kaquitts, an elder of the Stoney Nakoda First Nation, has been living in her home for the last 10 years, but soon she'll be forced to leave. The 65-year-old Morley resident said the home she resides in is managed by the Chiniki First Nation administration, but it's been in her possession – or so she thought – since the death of her late husband in 2007. On Nov. 21, an alarming letter was delivered to her from a reserve security officer – a notice of eviction. "I heard this knock with a pen "tick tick tick," I just got up and listened again and there was this knock," she said, though added she needed to get out of bed and get dressed before opening the door. "I got up and went to the door and (someone) was honking his car horn. After reading the letter, Kaquitts was left balking –  she was given seven days to pack up and leave. "I didn't know, I was crying. It really hurt," Kaquitts said. The notice stated that Kaquitts does not have a certificate of possession or a certificate of occupation, meaning she isn't entitled to reside in the home. She refused to vacate and made an application for relief – essentially an appeal to the eviction – through the Federal Court on Nov. 29. Her appeal letter states that the eviction came as a surprise, that the eviction notice was dated Nov. 8 but wasn't received until Nov. 21 and that the eviction process is "patently unreasonabe" and "fraught with illegalities." After a few weeks from the eviction date with no sign of being forced to go, she thought the order might be dropped. However, on Dec. 17, she was served with yet another notice with an extension. Now she has until Jan. 1 to leave. It's not the first time she has been threatened with eviction. Back in December 2008, after Kaquitts' husband died she was told the home belonged to her husband's brother but the eviction was challenged internally through the band and Kaquitts was permitted to stay.

Home is located on land hoped to become solar project

Kaquitts said it didn't escape her attention that the coordinates of her home match a section of land earmarked for the Chiniki band's hopeful solar panel project. While the project has not been able to move forward due to two failed land designation votes, Kaquitts said she's concerned that there might be other motives for her eviction.

Housing on reserves is complex

First Nation bands manage housing on the reserve, including renovations for existing homes and new builds. Designating of the homes to each individual or family is also up to Nation leaders. Nation members do not own their homes, they simply occupy them. Funds for housing needs are distributed by Indigenous Services Canada (ISC) which should then be appropriately allocated by the Nation government. The responsibility for the provision and management of housing on reserve lands also rests with the band. Evictions and tenant protection on reserves is based on bylaws and/or policies set by chiefs and councils or the band administration, according to ISC. When it comes to disputes over who has rights to occupy a home it can be trickier to determine and when there are other factors such as housing shortages, it can escalate the number of disputes. For example, there has been a population surge in the community – a  6.3 per cent increase to population within the Nation, compared to Canada as whole which had only a five per cent increase in the same time span. However, in Morley, according to the 2016 profile census for the Nation (which includes all three satellite reserves – Morley, Bighorn and Eden Valley) there are 755 occupied private dwellings for a population of 3,710 and the average home has five or more people, indicating a possible housing shortage. The Cochrane Eagle reached out to the Chiniki council to find out about housing policies specific to the band but has not yet heard back. Kaquitts said she remains hopeful that a favourable resolution will be sorted out, but for now she'll spend the holiday season wondering if she'll have a home in the new year.