Sucker Creek: Bill C-31 splits reserve and family

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The dispute between the Sucker Creek band and a band member over the eviction of her non-Native husband will be resolved today (Sept. 18), says chief James Badger.

The dispute began with band member Cindy Sawka, formerly Calliou, received an eviction notice addressed to her white husband from the band council saying "this (Sucker Creek) is an Indian reserve, not a Metis colony."

Sawka says the letter is also implied that she should follow her husband because it is "customary for a woman to follow her husband."

However, Sawka, who is six months pregnant says she never intended to settle permanently on the reserve, but wanted to stay near her mother until her baby is born.

"We are looking to homestead, but it takes time to work out all the details," she said. "So my mother said we should stay in her trailer until the baby comes."

The stress of the ordeal has taken its toll on Sawka, who was admitted to an Edmonton hospital, says Indian Rights for Indian Women leader, Jennie Margetts.

"It's a strain," she says. "But she won't lose the baby."

However, Margetts says Sawka is only one of the many women faced with similar problems because of Bill C-31. It amended the Indian Act in 2985 to allow Indian women to regain Indian status and also gives bands the right to limit membership.

"This lady is only one of hundreds who are suffering," says Margetts, who has contacted Ottawa and is already preparing a legal case against the Sucker Creek council. "The whole issue of C-31 has to be addressed."

Chief Badger was not prepared to comment on the case, saying he and the band have already contacted a lawyer.

"We will be meeting with all the parties Friday (Sept. 18) to resolve the issue," he said, adding that the whole question of membership will also be addressed at the Indian Association of Alberta All Chief's Conference Sept. 29 at the Enoch reserve.