Her Majesty the Queen et al. v. Barbara Cunningham, et al.

Supreme Court Hearings

Her Majesty the Queen et al. v. Barbara Cunningham, et al.

Her Majesty the Queen in Right of Alberta (Minister of Aboriginal Affairs and Northern Development), et al. v. Barbara Cunningham, et al. – December 16, 2010
Case #33340
The respondents argue that certain sections of the Métis Settlements Act breach their Charter rights. Their membership in the Peavine Métis Settlement in Alberta was terminated because they had voluntarily registered as Indians. They had applied for Indian status in order to receive benefits that are not offered by the Métis settlement.

They had applied for Indian Status in order to receive health and educational benefits that are not offered by the Métis settlement. Two sections of the Métis Settlements Act, when combined together, prohibit an individual from being a Métis settlement member and a status Indian at the same time.