Mi'kmaq woman seeks to join Abegweit First Nation, files human rights complaint

Cheryl Simon wants to be a member of Abegweit First Nation, just like her motherand her grandmother before that.

She's applied for membership and been turned down, she said,because her father isnot Indigenous and not a band member.

Her complaint, filed with the Canadian Human Rights Commission in Ottawa last month, takes aim at the band's membership rules.

"I think they're extremely discriminatory and I think they're archaic," said Simon. "It's something that we've been living with for decades and it's something that needs to change."

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Simon is a lawyercurrently working in Halifax.

Request to join band declined

Her arguments, set out in a three-page complaint, claim the band's membership rules unfairly discriminate by race, gender, family and marital status.

"My lineage comes through my mother, not my father," said Simon."If my lineage came through a man, I would be a member."

Simon applied to the band for membership three years ago, she said,andreceived notice in Oct. 2015that her request had beendeclined.

Not having membership means she can't vote in band elections and doesn't qualify for some benefits, she said.

First Nation has custom membership rules

Canada's Indian Act allowsindividual bandsto create their own membership codes, if they so choose.

That's whatAbegweitFirst Nation did. The AbegweitCustom Membership Code has been in place since 1985.

The codeis afour-page document that sets out membership criteria. Itrelies, in part, on sections of Canada's Indian Act.It ishow those sectionsare used in the Abegweit code that Simon argues have kept her off the membership list.

Abegweit chief Brian Francis declined to comment on Simon's human rights complaint, saying he hasnot been notified of the complaint, but did say change may be coming.

Reviewing rules

"To be a member, currently, both your parents have to be members of theAbegweitFirst Nation," said Francis."It's time to take a look at reviewing the membership codewith a view to expanding it."

The First Nation will host a meeting Nov. 29in Scotchfort to discuss possible changes to membership and election rules.

"It's up to the community to review the membership and look at the changes," said Francis. "Council will facilitate that, but it's a community process."

'Too many people are being treated differently'

Simon's complaint to the Canadian Human Rights Commissionwill take some time to be processed.

"I want change for my community. I want the discrimination to stop. Too many people are being treated differently and that just needs to end," said Simon.

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