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help with a native issue & a wrongful death suit

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Carrie Moon

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Sep 12, 2002
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www.carriemoon.ultraescort.com
I met a friend of a friend last night who is on disability. Her daughter is 1/2 ojibway and the daughter's father (a native) was killed last year. The daughter is 18 and she no longer receives gov't support as a result. The father never provided support anyway.. I recall having a native girl as a roomate 20 odd years ago who received gov't money simply for being native.. anyone know what this might be???

The daughter is trying to launch a wrongful death suit on her father's behalf... I barely know them but was wondering if anyone might have knowledge on either subject I could pass on to my friend.
 
Joy said:
Perhaps the 18 yr old daughter should... get a job?
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ah.. thanks guys... she has one. wow.. nice. love the compassion that abounds here.
 
Madison Doll said:
Hey Carrie.

I think it is wonderful that you are trying to help this woman. Assuming she lives in Ontario this site may be a good jumping off point I would also add that she can seek legal assistance at her local legal aid office.

I know someone who in doing some academic work around aboriginal rights and law. I am going to email her and get back to you.

Maddy
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Thanks Maddy. You are a doll... for real
 
Carrie Moon said:
I met a friend of a friend last night who is on disability. Her daughter is 1/2 ojibway and the daughter's father (a native) was killed last year. The daughter is 18 and she no longer receives gov't support as a result. The father never provided support anyway.. I recall having a native girl as a roomate 20 odd years ago who received gov't money simply for being native.. anyone know what this might be???

The daughter is trying to launch a wrongful death suit on her father's behalf... I barely know them but was wondering if anyone might have knowledge on either subject I could pass on to my friend.
Click to expand...


My understanding is that wrongful death suits brought by a family member are not "on behalf" of the deceased. Rather they are in the name of the individual bringing the suit and the damages are based on the "pain and suffering" caused by the death of the loved one and for the loss of "guidance, care and companionship". In other words, a spouse could claim for the emotional distress of the loss of her partner, as well as for the loss of income brought about by their death. A child could claim for the loss of financial support provided by a parent up until they are 18 and could reasonably be thought of as independent. If there was an expectation of going to university and that the parents would support this, that too might be claimed.

In this situation, it sounds like your friend has long been estranged from her father and he never provided financial support, nor would there be much expectation that he would in the future. Given that, not much to base a wrongful death case on.

As for receiving government support simply for being "native" ... i don't know about that. There are lots of really poor native folks out there. Specific bands may pass on funds to members of the band who don't live on reserve. Generally Aboriginal people who receive social assistance benefits, regardless of whether Status indians or not, have to meet provincial/municipal qualifications. That may be different if they are actually living on reserve, where the Band administers the social assistance benefits. But as far as I know there is no specific benefit provided by the government that First Nations people receive simply because they are native. The government does provide educational assistance for First Nations individuals to go to university. Beyond that I'm not sure what benefits they would be talking about.

Cheers,

Porthos
 
Carrie, I believe they must live on the reserve to get the government cheque. Or at the very least maintain a mailing address on the reserve
 
Joy said:
So what's the problem?
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I can see where you guys jumped to the conclusion that it was about laziness... in the case of my former roomate it was.. she had a full-time job (we both worked as security jobs) and was very smart.. and received this native 'pension' or whatever you call it... I call it an inheritance.. well deserved.

re: this 18 year old.. she's learning disabled but does work at a burger king or something and is attending school. they live in an area where crackheads abound and dealers.. and I felt like if they could afford to move they might have a fighting chance.

Yes Joy..and Ray... I may be a bit of a bleeding heart but assuming laziness is at the heart of the matter is a bit simplistic considering you know nothing about what is going on.. just a kneejerk reaction perhaps?
 
Thanks Porthos and Chuckparker. The former roomate was from Manitoulin Island.. I think she did maintain an address there.. and that makes sense about the wrongful death suit..


Good job I didn't say anything to them about my thoughts to get their hopes up.
 
I met an Ojibway girl once at a place I happened to be working at and she was a fantastic person - funny, down to earth, genuine...AND....hardworking.

Anyway, I remember her saying something about it being necessary to live on the reservation in order to receive some sort of stipend from the government.

She also told me that alot of aboriginals like herself prefer to build a life off the reservation simply because they feel they have no future there - especially the young ones. They can return anytime they want, however and some do.

Your friend should know her rights as an aboriginal and I believe there is a provincial government ministry concerned strictly with aboriginal affairs that can help her in this respect. I'm sure they can also help her to get free legal advice which, in her case, is probably the best thing to do.
 
Of course she should be able to find a contingency fee lawyer who can help with a wrongful death suit. Problem is that with the small claims Court rising to $25,000.00 in January of 2010 this might be a small claims suit.
 
As far as I know most Tribes are Matriarchal and the blood line carries through the mother.
 
Not sure about this area of the law, but will offer 0.02.

Many Natives receive tons of $$$ from casinos on their specific reserve. If they belong to the Band in quesion, they are entitled to share the wealth, which can be significant. This is a matter of luck, though.

Not sure if Natives are paid as of right by the Feds. Maybe if their specific treaty gives them the right to a pension in return for the band giving up fishing and hunting rights or something like that.

The wrongful death suit sounds non-lucrative. She was estranged from her dad and at 18, her entitlement to support from him had likely ended anyway. So no $$$.

Try this link for free legal advie though.
http://www.aboriginallegal.ca/
 
Tell her to contact Aboriginal Legal Services of Toronto (ALST). They have lawyers on staff who could probably assist or point her in the right direction.

I think some treaty indians get a monthy stipend by virtue of the treaty.

Fernie
 
I worked with a girl a few years ago who was Aboriginal on her moms side Her dad was a successful contractor her mom an RN. Because she was 1/2 native she got to go to college for FREE!!!!!!! Which she used to brag about all the time. When her parents had more than the means to send her !!!!!! WTF!!!!!

There should be some sort of way to control this kind of abuse.I get sick and tired about hearing about the issues of 200 freaking years ago.
The Caledonia fiasco is in its third year now with no end in sight.
 
thanks for all the advice! I will pass it on to her.. it's up to them what they do with it....
 
Google "Native Status" to find sites where you can learn about the myriad of rules there have been for qualifying as a "Status" Native individual.

I believe the Indian and Northern Affairs Canada (INAC) website has already been cited.

The Assembly of First Nations maintain a website with some useful information as well.

Note that if only one parent is eligible, the child may or may not be eligible for Status. And without the parents being able to sign the registration form, the application will become more complicated.

I would recommend the individual (or someone authorized to call on her behalf) call the nearest INAC office, and ask direct questions about eligibility and benefits.
 
thanks Anynym.
 
In addition to what MichaelZzzz posted there also has to be a cause of action.

Just for example I'm under a physicians care just had a series of heart tests everything is fine, and next week kaboom drop dead of a massive heart attack. Unless you have evidence to prove that the physician or the hospital were total incompetents you have absolutely no cause of action for a natural event.
 
Sorry for the misunderstanding... but I believe I said he was killed.. He didn't just drop dead of natural causes. He was actually hit by a drunk driver.
 
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