Status
(In)Voluntarily Enfranchised: Bill C-3 and the Need for Strengthening Kinship Laws in Treaty 4
Documents & Presentations
Author/Creator
[Danette-Jubinville]
Description
Looks at the question of belonging, identity and gender equality and failure to address this in Bill C-3. Uses author's family story to show lack of Indian status or band membership in community.
The Indian Act: A Northern Manitoba Perspective
Articles » Scholarly, peer reviewed
Author/Creator
Robert Robson
The Canadian Journal of Native Studies, vol. 11, no. 2, 1991, pp. 295-331
Description
Argues that the 1985 Bill C-31 amendments have failed to meet the intended objectives and do not adequately deal with the needs of the First Nations.
Indian Act Amendments - Bill C-31
Articles » General
Author/Creator
Deanna Wuttunee
Saskatchewan Indian, Special Edition, July 1985, p. 13
Description
Act will now conform to the Charter of Rights and Freedoms giving many individuals standing as First Nation and designation of "Status Indians," allowing access to federal programs operating on and off-reserve.
Indian Claims Commission Proceedings (1998) 10 ICCP
E-Books
Author/Creator
Indian Claims Commission
Description
Report and responses for: Sturgeon Lake First Nation Inquiry, Red Deer Holdings Agricultural Lease Claim; Chippewa Tri-Council Inquiry, Chippewas of Beausoleil First Nation, Chippewas of Georgina Island First Nation, Chippewas of Rama First Nation, Collins Treaty Claim; Friends of the Michel Society Inquiry, 1958 Enfranchisement Claim; and the Athabasca Chipewyan First Nation Inquiry, W.A.C. Bennet Dam and Damage to Indian Reserve 201 Claim. Commissioners include: Daniel J. Bellegarde, P. E. James Prentice, Roger J. Augustine, and Carole T. Corcoran.
Indian Registration, Membership, and Population Change in FirstNations Communities
E-Books » Chapters
Author/Creator
Stewart Clatworthy
Aboriginal Policy Research, vol. 5
Description
Study looks at classification of membership codes, changes to membership rules, projected populations eligible under new rules, and implications of population changes. Chapter five from Moving Forward, Making a Difference, vol. 3, which is also vol. 5 in the Aboriginal Policy Research series. Originally presented at the second annual Aboriginal Policy Research Conference, 2006.
Indian Registration: Unrecognized and Unstated Paternity
E-Books » Chapters
Author/Creator
Michelle Mann
Aboriginal Policy Research, vol. 5
Description
Looks at 1985 amendments to Indian Act. Chapter six from Moving Forward, Making a Difference, vol. 3, which is also vol. 5 in the Aboriginal Policy Research series. Originally presented at the second annual Aboriginal Policy Research Conference, 2006.
Indian Registration: Unrecognized and Unstated Paternity
Documents & Presentations
Author/Creator
Michelle M. Mann
Description
Discusses the ramifications of Bill C-31, which amended the Indian Act, and the policy options available to the Registrar of Indian and Northern Affairs to deal with the inequities that have arisen in terms of children having status.
Indian Status for Women
Articles » General
Author/Creator
Star Phoenix Editorial
Saskatchewan Indian, vol. 11, no. 8, August 1981, p. 2
Description
Saskatoon Star Phoenix article that supports the amending of law so First Nation women keep "registered status" after marriage to men who are not "registered Indians."
Indigenous Feminism and the Indian Act
Articles » General
Author/Creator
Katherine Carey
Ignite, vol. 4, no. 1, Spring 2012, pp. 10-17
Description
Examines the gendered element of settler-colonialism in terms of the Indian Act, the treatment of Indigenous women in the legal system, and the struggles to achieve self-determination.
Indigenous Gender-Based Analysis of Bill S-3 and the Registration Provisions of the Indian Act: Final Report
Documents & Presentations
Author/Creator
Native Women's Association of Canada (NWAC)
Description
Bill was designed to remove sex-based discrimination in the provisions of the Indian Act. Discusses implementation of the Bill and unresolved, ongoing issues such as second-generation cut-off and the implications for registered population, age and marital status-based distinctions, implementation in urban areas, and unknown and unstated parentage policy.
Judge Rules against Indian Registrar
Articles » General
Author/Creator
Paul Barnsley
Windspeaker, vol. 25, no. 3, June 2007, p. 9
Description
Discusses B.C. case where complainant, a First Nations woman who took legal action against the Indian Registrar to regain her Indian status, felt that Section 6 was unconstitutional and contrary to the Canadian Charter of Rights and Freedoms.
Entire issue on one pdf. To access article scroll to p.9.
Laval Case
Alternate Title
Lavell Case
Articles » General
Saskatchewan Indian, vol. 3, no. 3, March 1972, p. 4
Description
Lavell challenged federal legislation, which controlled the legal rights and legal status of First Nation women who married men without "registered Indian" status.
"Legislating-Out" Sexual Discrimination: Native Women and Bill C-31
Articles » General
Author/Creator
Christine Saulnier
Problématique, no. 5, 1999, pp. 64-92
Description
Comments on the historical context of the issue of sexual and racial discrimination, presents the flaws apparent in the design and implementation stages, and analyzes the basis for the differences between the evaluations presented by the government and those by the target population.
Lifetime Devoted to Women's Work
Articles » General
Author/Creator
Cheryl Petten
Windspeaker, vol. 21, no. 12, March 2004, p. 38
Description
Recounts the life and works of Monik Sioui, founder of the Quebec Native Women's Association and advocate for rights of Aboriginal people.
Entire issue on one pdf. To access article scroll to p.38.
Losing Ground/Standing Ground as We Speak: Land, Nation and Indigenous Women's Testimony in Canada's Acts of Abocide
Articles » General
Author/Creator
K. J. Verwaayen
Zeitschrift für Kanada-Studien, vol. 33, no. 1, 2013, pp. 78-97
Description
"... this paper addresses community trauma produced through the sexism of federal law and its implications for exogamy and cultural genocide, as well as for land, housing, and other resources."
Making Aboriginal Policy: A Conference Ten Years after the Final Report of the Royal Commission on Aboriginal Peoples
Alternate Title
Indigenous Bar Association in Canada 18th Annual Fall Conference October 19-21, 2006
Documents & Presentations
Author/Creator
Indigenous Bar Association
Description
Comments on the 18th Annual Fall Conference that brought together Indigenous law students from across Canada to speak with Elders, leaders, academics and lawyers on a variety of relevant topics.
Mary Two-Axe Earley: I Am Indian Again
Media » Film and Video
Author/Creator
National Film Board of Canada (NFB)
Courtney Montour
Description
Tells the story of the woman who fought for more than two decades against the sex discrimination embedded in the Indian Act and became leader in the Canadian women's rights movement.
Duration: 34:07.
Matriarchy and the Canadian Charter
Alternate Title
NWAC Discussion Paper
Documents & Presentations
Author/Creator
Native Women's Association of Canada
NWAC Discussion Paper
Description
Depicts the status of Iroquoian Matriarchy, focusing on its structures, powers and functions, and presents recommendations for the matriarchal system within the Canadian Constitution and the Charter.
McIvor V Canada and the 2010 Amendments to the Indian Act: A Half-Hearted Remedy to Historical Injustice
Articles » Scholarly, peer reviewed
Author/Creator
Sarah E. Hamill
Constitutional Forum, vol. 19, no. 1, 2 & 3, 2010, pp. 75-84
Description
Looks at the deficiencies of Bill C-31 in addressing gender discrimination and Aboriginal status as amendments to the Indian Act .
McIvor v. Canada (Registrar of Indian and Northern Affairs) 2009 BCCA 153
Alternate Title
McIvor v. Canada (Registrar of Indian and Northern Affairs) 2009 British Columbia Court of Appeal 153
Sharon Donna McIvor and Charles Jacob Grismer (Plaintiffs) and the Registar, Indian and Northern Affairs Canada, The Attorney General of Canada [...]
Documents & Presentations
Author/Creator
British Columbia Court of Appeal
Description
Court ruling found that the registration provisions in the Indian Act were unconstitutional as they violated the equality provision of the Charter of Rights and Freedoms.
Mohawk Family Hopes To Reclaim Identity in Canadian Court
Articles » General
Author/Creator
Celeste Mackenzie
Cultural Survival Quarterly, vol. 26, no. 4, Indigenous Responses to Plan Colombia, Winter, 2002
Description
Discusses some concerns surrounding Bill C-31, including not allowing Indian Status for children and grandchildren of women who married a non-status person.
"More Mohawk Than My Blood": Citizenship, Membership and the Struggle Over Identity in Kahanawake
Articles » General
Author/Creator
E. J. Dickson-Gilmore
Canadian Issues, vol. 21, [Aboriginal Peoples in Canada/Futures And Identities], [Winter], 1999, pp. 44-62
Description
Looks at traditional citizenship policies and policies necessitated by land and economic pressures.
Native Women's Association of Canada, Stacey-Moore & McIvor v The Queen (The Native Council of Canada, The Metis National Council & The Inuit Tapirisat of Canada Intervening)
Articles » Scholarly, peer reviewed
Author/Creator
Larissa Behrendt
Aboriginal Law Bulletin, vol. 2, no. 58, October 1992, p. 46
Description
Describes how the Native Women's Association of Canada had to fight for their Charter Rights in the Federal Court of Canada. Also discusses the case of McIvor v. Canada that found that registration provisions in the Indian Act were unconstitutional as they violated the equality provision of the Charter of Rights and Freedoms.
New Brunswick Aboriginal Peoples Council Summary Report from Collaborative Process on Indian Registration, Band Membership and First Nation Citizenship
Documents & Presentations
Author/Creator
New Brunswick Peoples Council
Jula Hughes
Mary C. Milliken
Description
Reports results of consultations about issues raised by bill S-3 and Canada's revision of the Indian Act in response to the Superior Court of Quebec's ruling in the Deschenaux case.
Patriarchy and Paternalism: The Legacy of the Canadian State for First Nations Women
Articles » Scholarly, peer reviewed
Author/Creator
Mary Ellen Turpel (Aki-Kwe)
Canadian Journal of Women and the Law, vol. 6, 1993, pp. 174-192
Description
Shares perspective and reflections on the relationship between First Nations women and the Canadian State on the 20th anniversary of the Report of the Royal Commission on the Status of Women in Canada
The Politics of Intragroup Difference: First Nations' Women and the Sawridge Dispute
Articles » Scholarly, peer reviewed
Author/Creator
Caroline Dick
Canadian Journal of Political Science, vol. 39, no. 1, March 2006, pp. 97-116
Description
Looks at the Sawridge dispute, and problems associated with Bill C-31 regarding Aboriginal women’s rights within their own societies both on and off the reserves.
Preliminary Impacts and Concerns Flowing from the Implementation of Bill C-31
Alternate Title
NWAC Submission
Documents & Presentations
Author/Creator
Native Women's Association of Canada
Description
Bill was supposed to remedy the sexually discriminatory section 12(1)(b) of the Indian Act; deals with who is entitled to Status. Document covers issues such as reinstatement backlog and priorities, registration documentation, identification of father/illegitimate children, and funding issues (health, education, housing, child welfare) resulting from increase in status population.
"The Queen and I": Discrimination Against Women in the Indian Act Continues
Articles » Scholarly, peer reviewed
Author/Creator
Lynn Gehl
Canadian Woman Studies, vol. 20, no. 2, National Identity and Gender Politics, Summer, 2000, pp. 64-69
Description
Discussion of identity under the Indian Act and the past discriminatory provision of women who marry non-Indian men losing thier status, and social and political rights.
Racism, Sexism, and Colonialism: The Impact on the Health of Aboriginal Women in Canada
Articles » Scholarly, peer reviewed
Author/Creator
Mary Hampton
Carrie Bourassa
Kim McKay-McNabb
Canadian Woman Studies, vol. 24, no. 1, Womens Health and Well-Being, Fall, 2005, pp. 23-29
Description
Argues that because Aboriginal women suffer from multiple oppressions there are even greater impacts on their health than that of Aboriginal men.
Report to Parliament on the Design of a Collaborative Process on Indian Registration, Band Membership and Fist Nation Citizenship
Documents & Presentations
Author/Creator
Government of Canada
Description
Process to take place as a result of the decision in Descheneaux c. Canada (Procureur général) which ruled on sex-based inequities in Indian registration affecting first cousins and siblings that were carried forward in the 1985 and 2010 amendments to the Indian Act. Bill S-3, the government's response, extends entitlement to status to people omitted from historic list.
Residual Sex Discrimination in the Indian Act: Constitutional Remedies
Articles » General
Author/Creator
Elizabeth Jordan
Journal of Law and Social Policy, vol. 11, Fall, 1995, pp. 213-240
Description
Explains that even though the Indian Act was amended by Bill C-31, there remains residual sexual discrimination in determining Indian status.
Revisiting Histories of Gender-Based Exclusion and the New Politics of Indian Identity
Alternate Title
Research Paper (National Centre for First Nations Governance)
Research Paper for the National Centre for First Nations Governance
Documents & Presentations
Author/Creator
Martin J. Cannon
Description
Examines the injustices associated with Bill C-31 and argues that the Act will eventually lead to legal assimilation of Status Indians in Canada.
Revisiting Histories of Legal Assimilation, Racialized Injustice, and the Future of Indian Status in Canada
E-Books » Chapters
Author/Creator
Martin Cannon
Aboriginal Policy Research, vol. 5
Description
Addresses citizenship, identity, status, and Canadian policy. Chapter two from Moving Forward, Making a Difference, vol. 3, which is also vol. 5 in the Aboriginal Policy Research series. Originally presented at the second annual Aboriginal Policy Research Conference, 2006