Family in Aklavik, N.W.T., hopeful after minister says Indigenous people have right to move freely

A woman in Aklavik, N.W.T., whose Inupiaq husband has been threatened with deportation says she's very happy that the federal immigration minister has said he wants to make it easier for Indigenous people to cross international borders.

"When I heard that announcement the other day me and my husband watched it and we smiled, and I was saying:'Yes, yes, yes. Finally somebody's listened to us,'" Carol Oyagaktold CBC Radio's The Trailbreaker.

In an interview with CBC News late last month, Immigration Minister Marc Miller saidhe wants to make it easier for Indigenous peopleto cross borders that have divided their homelands and families for generations.

Miller said Canada should recognize Indigenous peoplehave an inherent right to move freely across international boundaries.

'This is stressful'

Oyagaksays if that should come to pass she'd probably cry for a week from the emotional release "because this is stressful."

Her husband, Herman, travelled a traditional routeby snowmobile in 2018to come live with her in Aklavik, about 200 kilometres north of the Arctic circle.Then on March 24, 2020, the RCMParrested him.

The CanadaBorder Services Agency moved to deport him back to Alaska,before thedeportation order was deferred in 2021.

A lawyer for Oyagak said at the time that his right to live in Aklavik with his wife and family flows from the "rights of Indigenous [people]to engage in their traditional practices, even where that involved crossing borders in order to hunt, fish, participate in celebrations, marry, and engage in cross-familial relationships or activities."

Oyagak was deemedinadmissible to Canada due to criminality,lawyerNick Sowsunsaid in 2021.

He was convicted in 2015 in Alaska of criminal mischief for property damage under $250.

Waiting in limbo

Aftermeeting Carol at a drum dance festival in Alaska, Sowsun said Oyagakbecamea respected member of his community.

"Together, Herman and Carol started a new life," Sowsunsaid at the time. "Herman became sober, deepened his connections to his traditions and culture, and he became rehabilitated."

Carol Oyagak said Thursday that without the change the family can only wait for instance, Herman isn't eligible for Canadian health care.

WATCH | Canada looking to recognize Indigenous trans-border movement rights:

Canada looking to recognize Indigenous trans-border movement rights

1 year ago

Duration 2:04

International borders often separate Indigenous people in Canada, the U.S. and Greenland from their relatives and homelands. Some First Nations even issue passports, which other countries recognize for free travel, but Canada does not something the federal immigration minister now says should be fixed.

A senior federal government sourcetold CBC News last month thatthe government is considering both aministerial directive and amendments to the Immigration and Refugee Protection Actthat would exemptIndigenous people whose traditional homelands extend beyondCanada's borders from Indigenous people.

A government source said the federal government is looking to present a solution next year.

Miller's commitment is part of the federal government's roadmap for implementing theUnited Nations Declaration on the Rights of Indigenous Peoples.

'It's our right'

Miller, who was shuffled from the Crown-Indigenous relations portfolio to immigration over the summer, said there's immense institutional resistance within the federalgovernment, but he's determined to get the job done.

Miller acknowledges the United States is ahead of Canada in its approach to Indigenous rights and border mobility.

The U.S. recognizes the historical clauses of theJay Treaty, which was signed by the U.K. and U.S. in 1794, before Confederation.

The treaty states that Native Americans may travel freely across the international boundariesand Indigenous Peoples in Canada are entitled to enter the U.S. freely to work, study, retire, invest or immigrate.

Canada doesn't recognize those rights.

"It's our right," Carol Oyagaksaid Thursday. "We've always travelled back and forth between Alaska and Canada. And we're always going to continue doing it."