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

Charles Racette was arranging his father's funeral when he learned his father was not considered a member of Little Black Bear First Nation.

Family had suggested he apply to their band for help with funeral costs. That's when Racette learned his father William was actually only considered a "citizen," not a member of the First Nation about 100 kilometres northeast of Regina.

Racette's grandmother Emmerence Racette (née Bellegarde), William's mother, lost her treaty status when she married a Métis man in 1901. Under the Indian Act at the time, women lost their status if they married a man who didn't have status. 

Through Bill C-31 in 1985, women who had lost their status through marriage, and their descendants, could regain it.

But Little Black Bear First Nation doesn't recognize Emmerence's descendants as registered members, although according to the family's treaty status that is where they are affiliated. They are classified as "citizens" where they cannot vote or get funding from the band.

Now they're taking the First Nation to court over its band registration policies.

Racette said the government fixed its wrongs by reinstating women's status and now First Nations should be doing their part as well by reinstating them as members.

"That's where we feel that we're being discriminated against by our own; when they talk about truth and reconciliation, where is that with our own people?" said Racette.

"Most bands are saying, 'Let's bring our people home' and Little Black Bear is not doing that. We're home, but they won't open the door. We're knocking and they won't let us in."

Four members of the family are suing Little Black Bear, alleging it is discriminating against them and seeking a declaration that they have a right to be part of any treaty settlements.

They sought an injunction to stop the band's Treaty 4 agricultural benefits (cows and plows) settlement until their claim can be heard, but their application for an injunction was dismissed in January. 

Racette, who is a plaintiff in the lawsuit, says if they were registered members of the band, they would get financial help to cover funeral costs, medical aid and also the family would be included in settlement payments, but he also said "It's not about the money."

Racette received his treaty status in 2012, and said he thought he was a registered member ever since then. But he learned the band only considered him a citizen. 

"It's not fair. We'd like to be treated as members," Racette said.