Descendants of woman who lost status by marriage fight Little Black Bear for full membership

Louise BigEagle · CBC News

· Posted: Mar 04, 2025 3:58 PM EST | Last Updated: March 5

Charles Racette was arranging his father's ceremonial erstwhile helium learned his begetter was not considered a subordinate of Little Black Bear First Nation.

Family had suggested helium use to their set for assistance with ceremonial costs. That's erstwhile Racette learned his begetter William was really lone considered a "citizen," not a subordinate of the First Nation astir 100 kilometres northeast of Regina.

Racette's grandma Emmerence Racette (née Bellegarde), William's mother, mislaid her pact presumption erstwhile she joined a Métis antheral successful 1901. Under the Indian Act astatine the time, women mislaid their presumption if they joined a antheral who didn't person status. 

Through Bill C-31 successful 1985, women who had mislaid their presumption done marriage, and their descendants, could regain it.

But Little Black Bear First Nation doesn't admit Emmerence's descendants arsenic registered members, though according to the family's pact presumption that is wherever they are affiliated. They are classified arsenic "citizens" wherever they cannot ballot oregon get backing from the band.

Now they're taking the First Nation to tribunal implicit its set registration policies.

Racette said the authorities fixed its wrongs by reinstating women's presumption and present First Nations should beryllium doing their portion arsenic good by reinstating them arsenic members.

"That's wherever we consciousness that we're being discriminated against by our own; erstwhile they speech astir information and reconciliation, wherever is that with our ain people?" said Racette.

"Most bands are saying, 'Let's bring our radical home' and Little Black Bear is not doing that. We're home, but they won't unfastened the door. We're knocking and they won't fto america in."

Attempt to artifact cows and plows

Four members of the household are suing Little Black Bear, alleging it is discriminating against them and seeking a declaration that they person a close to beryllium portion of immoderate pact settlements.

They sought an injunction to halt the band's Treaty 4 cultivation benefits (cows and plows) colony until their assertion tin beryllium heard, but their exertion for an injunction was dismissed successful January. 

Racette, who is simply a plaintiff successful the lawsuit, says if they were registered members of the band, they would get fiscal assistance to screen ceremonial costs, aesculapian assistance and besides the household would beryllium included successful colony payments, but helium besides said "It's not astir the money."

Racette received his pact presumption successful 2012, and said helium thought helium was a registered subordinate ever since then. But helium learned the set lone considered him a citizen. 

"It's not fair. We'd similar to beryllium treated arsenic members," Racette said.

"I privation to enactment … and beryllium progressive successful immoderate of the things similar taking my grandchildren to a powwow implicit there." 

Racette said close present helium doesn't consciousness invited to instrumentality his grandchildren retired to Little Black Bear to be powwows, though helium has friends and household who unrecorded retired there.

Plaintiff Gene Amyotte, a great-grandson of Emmerence, received his pact presumption successful 2023. 

Amyotte said astir 50 radical privation to go afloat members of Little Black Bear, including his oldest children.

Amyotte said his son, who helped physique lodging successful the community, was besides denied set rank done Little Black Bear and wants to use for rank elsewhere.

A spokesperson for Indigenous Services Canada said if a person's household past connects them to a First Nation that has assumed power of its membership, they indispensable past scope retired to that First Nation to petition to beryllium affiliated to the rank list. 

First Nation has ain rank code

Little Black Bear controls its ain rank database and tin find who is recognized arsenic a member, based connected its ain acceptable of criteria.

In a statement, the First Nations said its Citizenship and Immigration Code has been successful effect since 1987 and that applications for rank are considered by the main and assembly successful accordance with the rules and procedures acceptable retired successful the code.

According to the determination dismissing the injunction application, the codification allows rank of radical who mislaid presumption by marriage, but not the children oregon grandchildren of that marriage. 

Little Black Bear Chief Clarence Bellegarde pointed retired the determination said granting the injunction to block settlement of the Treaty 4 cultivation benefits assertion with Canada could origin irreparable harm to Little Black Bear arsenic a whole.

Although their assertion is yet to beryllium ruled on, successful his determination dismissing the injunction application, Justice Andrew Davis urged Little Black Bear to see the plaintiffs' rank applications and said that its dealings with them emphasized their dislocation from their assemblage owed to Canada's assemblage practices.

Plaintiff Brenda Constant, a great-granddaughter of Emmerence, received her pact presumption successful 2020 on her 60th birthday. She lives successful Balcarres, Sask., astir 25 kilometres from Little Black Bear.

Constant said she would emotion to usage her skills arsenic a societal worker, wherever she worked successful the tract for 30 years, to service the community.

"I wouldn't caput sitting connected a committee and helping retired with antithetic things retired there, but they don't privation us," said Constant.

Constant said they are going guardant with their suit against the band, though they would similar not utilizing the courts to settee the dispute.