Families whose ancestors gave up Indigenous status sue for rights return
VANCOUVER — A proposed class-action lawsuit filed in Federal Court says the Canadian government wrongfully denies people status under the country’s Indian Act if their ancestors “voluntarily” gave up Indigenous status under laws that predate Confederation.
Plaintiffs Charles Wesley, Christopher Wesley, Sharon Nicholas and Nicole Nicholas filed a statement of claim in Vancouver this month seeking damages from the federal government for “being deprived of the benefits” of status under the act.
The claim says they all have “at least one direct ancestor” who was “enfranchised” under Canadian law, where they gave up their status and received the rights and privileges of Canadian citizenship.
The lawsuit says their “family history of enfranchisement” means they and their children and grandchildren are not eligible to register for status, depriving them of “tangible economic, educational, and health benefits of Indian status.”
