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."

Attempt to block cows and plows

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.

"I want to participate … and be active in some of the things like taking my grandchildren to a powwow over there." 

Racette said right now he doesn't feel welcome to take his grandchildren out to Little Black Bear to attend powwows, although he has friends and family who live out there.

Plaintiff Gene Amyotte, a great-grandson of Emmerence, received his treaty status in 2023. 

Amyotte said about 50 people want to become full members of Little Black Bear, including his oldest children.

Amyotte said his son, who helped build housing in the community, was also denied band membership through Little Black Bear and wants to apply for membership elsewhere.

A spokesperson for Indigenous Services Canada said if a person's family history connects them to a First Nation that has assumed control of its membership, they must then reach out to that First Nation to request to be affiliated to the membership list. 

First Nation has own membership code

Little Black Bear controls its own membership list and can determine who is recognized as a member, based on its own set of criteria.

In a statement, the First Nations said its Citizenship and Immigration Code has been in effect since 1987 and that applications for membership are considered by the chief and council in accordance with the rules and procedures set out in the code.

According to the decision dismissing the injunction application, the code allows membership of people who lost status by marriage, but not the children or grandchildren of that marriage. 

Little Black Bear Chief Clarence Bellegarde pointed out the decision said granting the injunction to block settlement of the Treaty 4 agricultural benefits claim with Canada could cause irreparable harm to Little Black Bear as a whole.

Although their claim is yet to be ruled on, in his decision dismissing the injunction application, Justice Andrew Davis urged Little Black Bear to consider the plaintiffs' membership applications and said that its dealings with them emphasized their dislocation from their community due to Canada's colonial practices.

Plaintiff Brenda Constant, a great-granddaughter of Emmerence, received her treaty status in 2020 on her 60th birthday. She lives in Balcarres, Sask., about 25 kilometres from Little Black Bear.

Constant said she would love to use her skills as a social worker, where she worked in the field for 30 years, to serve the community.

"I wouldn't mind sitting on a board and helping out with different things out there, but they don't want us," said Constant.

Constant said they are going forward with their lawsuit against the band, although they would prefer not using the courts to settle the dispute.