The statements below are Merchant Law Group’s account of this case. They reflect allegations or the firm’s position and have not been determined by a court unless a settlement or judgment is noted.
About This Case
Individuals with "Indian Status" are considered to be wards of the Canadian federal government. It has not historically applied to the Metis or Inuit peoples. "Indian Status" is the legal identity of Indigenous persons in Canada. It is considered to be a form of apartheid law by the Assembly of First Nations. Yet losing this status legally severs Indigenous individuals from their own communities.
This has severed many individuals from tribal revenues, such as the oil and gas reserve revenues generated at Pigeon Lake for the Samson Cree. Losing status also deprives certain individuals of certain protections they are otherwise eligible for under the law, such as residing in Nation-owned housing or receiving Nation services.
The financial consequences of losing status can trickle down through the generations, which is why the grandchildren of those who lost status through marriage are now able to take part in this class action suit.
Source: Merchant Law Group
Who May Be Eligible
A class action has been authorized against the Attorney General of Canada. You are eligible if: Your grandmother lost her Indian status by marrying a non-Indian and recovered her Indian status under paragraph 6(1)(c) of the Indian Act following the 1985 amendments; and, Your only Indian parent is eligible to Indian status under paragraph 6(1)(c.1) of the Indian Act as amended in 2010, and, You are eligible for Indian status under subsection 6(2) of the Indian Act.
Source: Merchant Law Group
Frequently Asked Questions
What is the status of the case?
The lawsuit has been "authorized" to proceed as a class action. The Court has yet to rule on liability issues associated with the case. If you are a putative member of the Class, your rights may be impacted. Please click and read thru the below “Notice of Authorization” for official notice details relating to this class action.
Source: Merchant Law Group
Disclaimer: This information is sourced from Merchant Law Group. It is provided for general information only and does not constitute legal advice. Always verify details with the original source before taking any action.
Legal disclaimer: Information on this page is general in nature and does not constitute legal advice. ClaimBar tracks class action settlements and provides updates. Always seek professional legal advice for your specific circumstances.
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