Appeals court rules cows and plows settlement money can be seized to pay child support arrears

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Appeals court rules cows and plows settlement money can be seized to pay child support arrears

SaskatchewanThe Peepeekisis Cree Nation has lost an appeal of a ruling saying a settlement payout to one of its members could be seized to pay for child support.Peepeekisis Cree Nation had argued it was not obligated to hand over any settlement moneyScott Larson · CBC News · Posted: Sep 24, 2025 2:34 PM EDT | Last Updated: 8 hours agoPeepeekisis Cree Nation appealed a court decision that allowed settlement money that was to be given to a band member could be seized to pay for arrears in child support. (Richard Agecoutay/CBC)The Peepeekisis Cree Nation in Saskatchewan has lost an appeal of a ruling saying a settlement payout to one of its members could be seized to pay for child support.The case centres around money Peepeekisis received under a settlement with the federal government.Colin Stonechild, a member of Peepeekisis Cree Nation, was behind almost $24,000 on his child support payments to his former partner.Stonechild, like other members of the Nation, is to receive a one-time payment of $30,000 as part of a $150-million “cows and plows” claim over lands seized from the nation more than 100 years ago.Saskatchewan’s Court of Appeal said Colin Stonechild’s $30,000 share of the Agricultural Benefits Settlement Agreement was not exempt from seizure to pay child support. (Law Courts of Saskatchewan)His former partner went to court over the outstanding child support payments and the court ruled that Stonechild’s settlement money could be seized from the nation.Peepeekisis appealed that decision, saying that while it took no position on whether Stonechild owed child support, the nation was not obligated to give up Stonechild’s share of the settlement. The court disagreed.The second issue the judge identified was whether Stonechild’s ex-partner “met the definition of an Indian within the meaning of the Indian Act.”Under the Indian Act, “the real and personal property of an Indian or a band situated on a reserve is not subject to charge, pledge, mortgage, attachment, levy, seizure, distress or execution in favour or at the instance of any person other than an Indian or a band.”The judge said Stonechild’s ex-partner was in fact a status Indian and that his share of the settlement was not exempt from seizure, and ordered the band to hand over the money.ABOUT THE AUTHORScott Larson works for CBC News in Saskatoon. scott.larson@cbc.ca

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