Canadian Human Rights Tribunal

Decision Information

Summary:

Edward Peters alleged that Peters First Nation (PFN) did not adequately aid him and denied his requests for a new home build after his house was destroyed by a fire. He also claimed that PFN removed him from a PFN members’ meeting and improperly denied him monetary distributions that PFN gave to its members. Mr. Peters alleged that these actions were discrimination against him based on the family grouping to which he belonged (family status), age, and disability. Mr. Peters passed away after he filed his complaint, and his Estate became the complainant.
The Tribunal validated part of the complaint but not all of it. The evidence did not support a finding that PFN discriminated against Mr. Peters when he was seeking assistance for a home build. The Estate did also not prove any discrimination with respect to the membership meeting. PFN’s exclusion of the Estate from a $200,000 per capita distribution from a settlement with Canada was also not found to be a discriminatory practice. PFN authorized the $200,000 per capita distribution after Mr. Peters’ death. However, the Tribunal found that PFN retaliated against Mr. Peters for filing this complaint when PFN refused to pay the Estate three payments of $3,000 each. These payments, which also flowed from the settlement with Canada, were authorized by Band Council Resolution prior to Mr. Peters’ death.

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