A Halifax man, who is black and Mi'kmaw, has a human rights complaint pending against the Native Council of Nova Scotia that alleges it has repeatedly denied him membership based on race and colour.

In his 2017 complaint, Leland (Lee) Francis, a retired social worker, alleged a different standard is being applied to his application because of his black heritage.

The council represents and provides programs and services for off-reserve Indigenous people.

Its guidelines state that to be a member, a person "must be a recognized Mi'kmaw person with proven Mi'kmaw ancestry and a proven connection to a current or historic Mi'kmaw community."

Lee Francis, who is black and Mi'kmaw, does Indigenous artwork. (Submitted by Lee Francis)

Francis is originally from Digby, N.S. He said his grandfather was also black and Mi'kmaw, and his great-grandfather was solely Mi'kmaw.

He continues to follow the teachings of his ancestors, attends cultural functions, is learning the language and how to drum.

Francis said he first applied for membership back in 2009, but has never been accepted as a member.

At the time, he said he met with the council's chief information officer, who reviewed Francis's documentation and told him it was adequate. He then advised Francis to attend nine or 10 meetings over a six-month period. Francis said he complied. He still attends meetings and continues his fight to be recognized as a member.

Lee Francis's grandfather, Ainsley Francis, was black and Mi'kmaw. (Submitted by Lee Francis)

Francis said the unfair treatment has negatively impacted him.

"This has caused much anxiety and depression over the years," he wrote in his complaint.

"When one is denied due process and fairness of treatment, it causes you to feel less respected as a person and robbed of identity."

None of the allegations have been proven.

Native Council says it never denied applications

Pierre Sabourin is the council's citizenship information officer. He said he couldn't speak about Francis's case, but did say "We haven't denied his application at all. That has never happened."

Sabourin said the council takes Francis's allegations very seriously.

Pierre Sabourin is the citizenship information officer for the Native Council of Nova Scotia. He says the organization has never denied membership to Lee Francis. (Submitted by Pierre Sabourin)

"The chief and president, Lorraine Augustine, has organized a special committee to review and investigate the allegations and we've also been working with the human rights tribunal," he said. "It's still in [the] early stages."

Sabourin said almost half of the group's members are of mixed heritage, including people who are black and Mi'kmaw.

Francis said each time his application was denied, he asked why. Each time, he said he was asked to meet a new requirement.

The group, his lawyer wrote in a 2016 letter to the council, has even asked him to provide affidavits from "at least two recognized Mi'kmaq community members" who knew Francis's grandfather, Ainsley Francis, and can attest that he lived as a Mi'kmaw person and was a recognized member of the community.

"They know there's no way that can be done … he's been dead for decades," Francis said.

Lee Francis (not shown in photo) says he often attends Mi'kmaq powwows to embrace his heritage. (Submitted by Lee Francis)

In the letter, Francis's lawyer, Jade Pictou, said it is unclear what authority the council draws upon for putting "this onerous standard of proof" on Francis.

"I am unable to find anything in Council's Memorandum of Association or on any materials publicly available to establish this test," Pictou wrote.

Francis's submitted documents include records from the former Department of Indian Affairs (now Indigenous and Northern Affairs) dating back to 1923 and a summary of his Mi'kmaw connection, which contains census information relating to the Indigenous heritage of his great, great-uncle.

He also included the military records of his grandfather, which stated at the time that his father was "full Indian."

A spokesperson for the Nova Scotia Human Rights Commission, said it is unable to comment on a complaint at any stage unless the complaint is sent to a board of inquiry, at which time it becomes public record.

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