A dispute over who could occupy his late mother’s home and whether legal wills were recognized for the First Nations led one man to take his two brothers to court.
The ordeal began two years ago when Jason Hokaluk became the executor of his mother’s will.
His mother, Doreen Hokaluq, died of cancer in March 2020. In her will, Doreen named her granddaughter and grandson, who are Jason’s nephews and nieces from his late sister, as those who hoped to occupy her home in Brokenhead Ojibway Nation, around 60 kilometers northeast of Winnipeg after she died. She also wanted the assets in the house divided; if the division could not be agreed, she wanted the things to be sold and the proceeds added to the rest of her property.
But in March of this year, Jason filed a lawsuit against two of his brothers, Alan and Lawrence Hokaluk, Brokenhead Ojibway Nation and her housing administration, claiming they did not comply with his mother’s wishes, as set out in her will.
“The worry is that they just didn’t give me a chance to do my due diligence as a contractor, go into my mother’s house, review all of her assets properly – and fulfill her wishes as I promised,” he said.
He claims Lawrence lived illegally at his mother’s home for 18 months and damaged her property while he was there. The allegation also alleges that Allen used his influence as an adviser to the group to prevent housing authorities from evicting Lawrence.
“I disappointed my mother,” Jason said. “Because some people who are not free went in there and basically just took it.”
In an e-mail statement to the CBC, Alan’s lawyer said he could not comment because the matter was before the court. Attempts to contact Lawrence, the housing administration, the head of Brokenhead Ojibway Nation, as well as Jackie Pomer, chief operating officer and their representative office, went unanswered.
Jason Hokaluk with his mother Doreen Hokaluk. (Submitted by Jason Hokaluk)
Chronology of events
The problems began the day after Jason’s mother died, according to the schedule set out in the lawsuit. First, Allen tried to enter the house – and over the next few days, Lawrence broke in twice.
Then, while Jason and other family members were at Doreen’s funeral, Lawrence and his partner moved into the home, the lawsuit said.
By this time, Jason had already informed the community’s chief operating officer that he had been named as an executor of his mother’s will – and the housing authority confirmed the document and confirmed its intention to honor Doreen’s wishes.
But for the next 18 months, no one removed Lawrence from the group’s home, despite Jason’s demands to the housing administration.
Instead, Jason claims that the housing authority offered him a changing apology – and it was not until September 21, 2021, that the RCMP and the housing administration expelled Lawrence.
Influence as a group advisor
During this time, Lawrence damaged, destroyed, distributed or sold many of Doreen’s belongings, according to the lawsuit, including a lawn mower, jewelry, appliances, medical equipment, family memories and photos.
In an interview, Jason said he had hoped to find photos of himself and his mother from her home, but was unable to find them.
In his statement of claim, Jason claims that his brother Allen used his power as a board member to persuade the group’s chief operating officer and security chief to allow Lawrence to live illegally at home.
Allen was elected an adviser to the Brokenhead Group on April 18, 2020, a few weeks after his mother’s funeral.
The home has a desired location in Brokenhead Ojibway Nation, right next to the river with plenty of space. (Jason Empson / CBC)
What are the rights to homes owned by the group?
When it comes to housing owned by the First Nations community, Indigenous Services Canada (ISC) spokeswoman Madeleine Warlow said the department encourages all people living in the reserve to make a will.
The occupation of housing owned by the first nations is not governed by the inheritance provisions of Indian lawWarlow said in an email, noting that this is an issue run by every first nation.
But Doreen’s will and testament were certified by Indigenous Services Canada, which means they approved it.
In one infographics on the ISC website, it states that less than nine percent of people who die in reserve have a will. When asked about this, Warlow said the ISC was not tracking the information.
Tuma Young is a L’nu lawyer and professor in Nova Scotia who works on wills and estate cases. Usually in these types of cases, he said, the group will obey the will, but homes owned by the group cannot actually be bequeathed to anyone.
“Generally, you can’t leave items in your will to anyone if you don’t own them,” he said of Doreen’s home.
Young proposes that Anishinaabe’s approach be used and that traditional laws on the origin of property be applied to resolve the dispute, not the court.
“When people say we don’t own anything, that’s not true. I tell people that we have concepts of ownership. It is in our language, it is in our laws, it is in our songs, ceremonies. If you go to a sweat hut, you’re gifted with something, it’s a transfer of ownership. It could be an eagle fan, it could be a regalia, or it could be a house. “
Jason has filed a claim for damages against his brother Alan for no more than $ 100,000 for negligence, breach of fiduciary duty, fraud, abuse or misuse of public office.
No acts of protection have yet been filed by any of the accused.
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