Parents fight over child's Indian status
Indigenous mother asks court to quash need for father's consent with daughter's application
Kirsten Fenn
Northern News Services
Friday, June 16, 2017
SOMBA K'E/YELLOWKNIFE
A Yellowknife man is attempting to block his child from gaining Indian status because he believes the law that provides benefits to some indigenous people is a form of affirmative action and is used as a "crutch."
The toddler's mother, who does have Indian status, raised concerns about the father's refusal to sign the necessary paperwork for his daughter to gain status in a document filed with the NWT Supreme Court before Justice Shannon Smallwood in October 2015.
Yellowknifer recently learned about the ongoing case from an anonymous tip.
"The reason I want to register (the child) for Indian status is that having it has many benefits (to the child), such as free dental and medical care, as well as opportunities for post-secondary schooling funding," the court document states.
But the father argues the two year old does not yet need services requiring the status, adding he believes it is a form of affirmative action - something he "fundamentally" disagrees with.
"Life's rewards should be obtained through hard work, rather than one's heritage," the man stated in court documents.
He added he wants his child to use her talents and abilities to succeed in life rather than relying on the status "as a crutch."
"My personal belief is that this status often creates a dependency and I do not want that for (my child)."
The man stated Northerners already receive generous benefits and he prefers to "work extra hard" to pay for any dental or medical treatment his child might need.
He said in the court documents he would respect his child's choice if she chooses to obtain Indian status once she is older.
The child's mother has since requested a judge quash a requirement for the father's consent and signature so she can make an application for the child's Indian status on her own, stating she cannot otherwise afford extended health benefits for her child.
The mother argued she doesn't believe the father can pay for those benefits on his own.
To support her case, the mother attached several pages of racially-charged comments the man made on social media to show she does not believe he accurately presented his views on indigenous people in his court documents.
"What's racist is that aboriginals are treated better (than) other Canadians," the man reportedly writes.
 | 'Dwell in the past and you're never gonna get anywhere' | 
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"It is their fault for being in poverty. Go to work."
Another post quotes him writing indigenous people should leave reserves and join modern society.
"Dwell in the past and you're never gonna get anywhere," states the post.
Magnolia Unka-Wool, a Yellowknife lawyer with experience in family and indigenous law, said systemic racism, discrimination and trauma caused by residential schools have put First Nations people in the "worst situation" in Canada and many people have no choice but to rely on benefits from Indian status.
"We have Indian status because it's recognition of the treaties that (Canada) signed with First Nations people and the benefits provided through that are rights," she said.
With that said, many indigenous people have used those benefits to go on to successful careers where they can support their communities, she said.
The judge has yet to make a decision in the case.
