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Hundreds of Indigenous women will reportedly be notified about a class action lawsuit that would restore their membership in First Nation bands, including Samson Cree.
According to a recent court decision, a 14-year-old lawsuit alleging Canada’s Indian Act discriminated against women will proceed as a class action lawsuit and approximately 400 individuals will be notified about their Class status.
Plaintiff Bonnie Bruno says that her mother’s membership in the Samson Cree Nation and Indian status was yanked decades ago when she married a non-status man. Under the law, her descendants, including Bruno, were not eligible for Indian status, including financial support.
She says she has been fighting a battle for her and other Indigenous people’s rights for over a decade now.
“It shouldn’t have had to come down to this for me to have to sue my own band,” Bruno reportedly told CBC News. “I hope in future situations that it can be prevented.”
Law Denies Women and Children Cut of Profit
According to the proposed class action lawsuit Canada filed by Bruno 14 years ago, prior versions of the Indian Act discriminates against Indigenous women and their children. Under the law, Indigenous women who married non-status men had their Indian status removed and their children would not qualify as well.
Bruno alleges that she grew up on a reserve governed by the Samson Cree, but she says she was denied her fair share of profit from oil and gas revenues earned by the nation. Bruno points out that when she turned 18, she received $1,600 from Samson Cree, while her peers with membership earned more than $100,000.
Indian Law Amended; Samson Cree Refuses to Accept Change
CBC News reports that the impetus behind the old Indian Act was to assimilate Indigenous people; however, Indigenous men who married non-status women could maintain their Indian status. In 1985, recognizing the error of its ways, Canada’s federal government reportedly amended the Indian Act to retroactively restore Indian status to Indigenous women and their children who had lost their status.
More recently, the federal government further amended the law to extend Indian status to Indigenous women and their descendants from 1951 to 1869. CBC News reports that this extension may result in between 270,000 and 450,000 new members.
Samson Cree and other First Nations have reportedly refused to accept the amendment to the law. According to CBC News, Samson Cree and other groups even asked reinstated members to sign contracts in 1995 that would allow them into the band, but required them to give up past payments.
An Alberta court recently ruled that these contracts were illegal and affirmed that the amendments to the Indian Law were constitutional.
“The Samson nation took the law into their own hands to deprive these women of the very protections that the legislation intended for them to have,” the lawyer representing Bruno told CBC News. “They need to begin a reconciliation process on this issue, and it won’t happen until they can get accountability from the nation.”
UN Says Indian Act Still Discriminates Against Women
In 2019, a United Nations committee determined that Canada still discriminates against Indigenous women and their descendants. CBC News reported at the time that the committee concluded that Canada needs to ensure that women who lost Indian-status and their descendants are restored to the extent that they are equal with Indian-status men and their descendants.
“This decision represents an important support in our fight for equality, because it sends a clear message to the Canadian government: it must put an immediate end to discrimination against Indigenous women and provide redress to all those who suffer the consequences,” the president of Quebec Native Women told CBC News.
Samson Cree Plans to Appeal Recent Decision
For its part, Samson Cree reportedly maintains that it has recognized Bruno and others previously denied rights under the Indian Law and has provided these individuals services.
“This includes Ms. Bruno, who was not only recognized as a member of Samson Cree Nation in 1995 but also enjoyed many of the privileges and benefits of membership (such as residing in Samson Cree Nation-owned housing and Samson Cree Nation services) prior to 1995,” said a lawyer representing Samson Cree Nation in an email to CBC News.
CBC News reports that Samson Cree plans to appeal the recent court decision in 2021.
Have you been notified of the proposed Samson Cree class action lawsuit? We want to hear from you! Tell us what happened in the comment section below!
The lead plaintiff and proposed Class Members are represented by Philip Tinkler.
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2 thoughts onSamson Cree Class Action Lawsuit Notifies Hundreds of Women
How can one be added to this class action law suit? My Mother had her status taken away in the 1970’s when she married a white man?
my email : tm_holland@hotmail.com
Thx
I was made a member of the Samson band in the early 90s, when I was 20-years-old. I am curious how this has played out for Ms. Bruno because my kokum lost her status too by marrying a man without status. I was not contacted about this class action, but do feel like there are treaty rights and benefits that I either just don’t know about or am excluded from based on how I received membership, or because my kokum was Bill C-31. Where should I go for answers? I’d like to learn more about this issue. Thanks!