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The Eklutna Tribe has operated its new casino outside Anchorage, Alaska, under the shadow of two separate lawsuits.
As KNBA’s Rhonda McBride reports, a federal judge has dismissed one of them.
Ever since a group of property owners tried to block the casino with a lawsuit, tribal advocates have kept a close eye on this case, because their attorney, Don Mitchell, challenged the Native Village of Eklutna’s status as a federally recognized tribe.
“Congress has never allowed a middle-ranking employee of the Interior Department to just wave a magic wand and create 200 Indian tribes, either in Alaska or any other place.”
Mitchell is referring to Ada Deer, who was Assistant Interior Secretary in the Clinton administration.
In 1993, she included Eklutna in a list of Alaska tribes on the Federal Register to eliminate any doubt that they have the same status as other tribes in the United States.
Numerous court cases have tried and failed to invalidate Deer’s decision.
Last month U.S. District Judge James Robart stood by those cases – and ruled that the Eklutna lawsuit should be dismissed in “equity and good conscience.”
Tribal legal experts like Michelle Demmert applauded the ruling, but she says cases like this one consume time, energy, and precious dollars.
“Time and time again, the law is clear in these areas that continue to be challenged. If the argument was that the Eklutna tribe is not a tribe, there’s legal precedent. There’s federal law that says, ‘They are.’”
In a statement, Aaron Leggett, the president of the Native Village of Eklutna, called the ruling a significant step forward because it affirmed an important principle to the tribe – that its rights are firmly rooted in the land.
The tribe still faces another federal lawsuit, this one brought on by the Alaska Attorney general. It also aims to shut down the casino.
Canada’s Senate debates Bill C-5 before its passage.
A recent federal law that passed in the Canadian parliament, called the major projects bill, has drawn criticism and anger from Indigenous leaders.
They call it a betrayal of reconciliation and a failure to properly consult with Indigenous stakeholders.
More from Dan Karpenchuk.
First there was Bill 5 from Ontario, which allowed the provincial cabinet to designate special economic zones.
The aim to fast track resource development such as mining of critical minerals.
That bill passed without consultation from First Nations and they say it oversteps treaty obligations.
Now at the federal level the controversial Bill C-5 has also passed. It is legislation to fast track major projects across Canada.
It gives Ottawa the power to side step environmental protections and other laws.
Originally it was aimed at circumventing the Indian Act, but that part was removed.
Some Native leaders have warned that it could lead to protests and legal challenges if it does not respect rights and title.
And some had called on members of parliament and other lawmakers to slow down Bill C-5 so that Indigenous leaders could review the law.
Senator Paul Prosper (Mi’kmaq) is calling the rushed passage of the legislation a betrayal.
“We do not want success and progress to come on the backs of Indigenous peoples. We want to be at the table making decisions alongside Canadian politicians because these decisions affect us. They affect our lands and resources.”
Sen. Prosper said Canada is becoming a country of extremes and the ability for moderate social discourse is gone. He says it isn’t right or acceptable.
The Canadian Chamber of Commerce praised the quick passage of the bill, saying it has the potential to unleash the Canadian economy, but also urged the government to ensure that there is full compliance with rights of Indigenous communities and environmental standards.
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