Canada has until end of January 2011 to Implement McIvor Decision
Jul 02, 2010 Marketwire.com
Canada Has Until End of January 2011 to Implement Mcivor Decision/Will Continue to Pursue Adoption of Bill C-3 When Parliament resumes in the Fall. The Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, issued the following statement today:
"On July 2, 2010, the Court of Appeal for British Columbia granted an additional extension of the suspension of the declaration of invalidity that resulted from the McIvor v. Canada ruling. The Government of Canada now has until January 31, 2011 to amend certain registration provisions of the Indian Act that the BC court deemed to be discriminatory.
This government is committed to continuing to seek passage of Bill C-3, which responds directly to the Court's ruling and we will continue to work diligently to see it passed in the fall session of Parliament. The approval of the extension sought by Canada avoids a legislative gap in British Columbia and provides more time for the government to secure the support required for the proposed legislation to be adopted in both the House of Commons and the Senate.
On March 11, 2010, the Government of Canada introduced Bill C-3, Gender Equity in Indian Registration Act, to directly address the requirements of the British Columbia Court of Appeal decision. If passed, Bill C-3 will ensure that eligible grandchildren of women who lost status as a result of marrying non-Indian men will become entitled to registration (Indian status) in accordance with the Indian Act.
This legislation addresses a specific case of gender discrimination in the Indian Act related to Indian registration. I urge my parliamentary colleagues to support Bill C-3 and finally end this inequality."
For more information, please contact
Indian and Northern Affairs Canada Media Relations 819-953-1160 819-953-1160
or
Office of the Honourable Chuck Strahl Minister's Office Press Secretary 819-997-0002 819-997-0002
Canada Has Until End of January 2011 to Implement Mcivor Decision/Will Continue to Pursue Adoption of Bill C-3 When Parliament resumes in the Fall. The Honourable Chuck Strahl, Minister of Indian Affairs and Northern Development and Federal Interlocutor for Métis and Non-Status Indians, issued the following statement today:
"On July 2, 2010, the Court of Appeal for British Columbia granted an additional extension of the suspension of the declaration of invalidity that resulted from the McIvor v. Canada ruling. The Government of Canada now has until January 31, 2011 to amend certain registration provisions of the Indian Act that the BC court deemed to be discriminatory.
This government is committed to continuing to seek passage of Bill C-3, which responds directly to the Court's ruling and we will continue to work diligently to see it passed in the fall session of Parliament. The approval of the extension sought by Canada avoids a legislative gap in British Columbia and provides more time for the government to secure the support required for the proposed legislation to be adopted in both the House of Commons and the Senate.
On March 11, 2010, the Government of Canada introduced Bill C-3, Gender Equity in Indian Registration Act, to directly address the requirements of the British Columbia Court of Appeal decision. If passed, Bill C-3 will ensure that eligible grandchildren of women who lost status as a result of marrying non-Indian men will become entitled to registration (Indian status) in accordance with the Indian Act.
This legislation addresses a specific case of gender discrimination in the Indian Act related to Indian registration. I urge my parliamentary colleagues to support Bill C-3 and finally end this inequality."
For more information, please contact
Indian and Northern Affairs Canada Media Relations 819-953-1160 819-953-1160
or
Office of the Honourable Chuck Strahl Minister's Office Press Secretary 819-997-0002 819-997-0002
Gender Equity in the Indian Registration Act
On March 11, 2010, the Government of Canada introduced proposed legislation to enhance Gender Equity in the Registration Provisions of the Indian Act.
Spurred by a civil lawsuit filed by Sharon McIvor and her son Jacob Grismer, the Court of Appeal for British Columbia ruled on April 6, 2009, that the Indian Act discriminates between men and women with respect to registration as an Indian, and therefore violates the equality provision of the Canadian Charter of Rights and Freedoms. The Court gave the Government until April 6, 2010, to amend those provisions.
If enacted by Parliament, Bill C-3 will ensure that eligible grandchildren of women who lost status as a result of marrying non-Indian men will become entitled to registration (Indian status) in accordance with the Indian Act. No one will lose their Indian status as a result of these amendments.
For More Information, go to: http://www.ainc-inac.gc.ca/br/is/vor-eng.asp
NOTE: If passed - the Act becomes into force as per Section 10 Bill C-3:
10. This Act comes into force, or is deemed to have come into force, on a day, on or after April 5, 2010, to be fixed by order of the Governor in Council.
IF YOU THINK YOU MAY BE ELIGIBLE TO APPLY FOR STATUS UNDER BILL C-3, You May Also Be Interested In:
Spurred by a civil lawsuit filed by Sharon McIvor and her son Jacob Grismer, the Court of Appeal for British Columbia ruled on April 6, 2009, that the Indian Act discriminates between men and women with respect to registration as an Indian, and therefore violates the equality provision of the Canadian Charter of Rights and Freedoms. The Court gave the Government until April 6, 2010, to amend those provisions.
If enacted by Parliament, Bill C-3 will ensure that eligible grandchildren of women who lost status as a result of marrying non-Indian men will become entitled to registration (Indian status) in accordance with the Indian Act. No one will lose their Indian status as a result of these amendments.
For More Information, go to: http://www.ainc-inac.gc.ca/br/is/vor-eng.asp
NOTE: If passed - the Act becomes into force as per Section 10 Bill C-3:
10. This Act comes into force, or is deemed to have come into force, on a day, on or after April 5, 2010, to be fixed by order of the Governor in Council.
IF YOU THINK YOU MAY BE ELIGIBLE TO APPLY FOR STATUS UNDER BILL C-3, You May Also Be Interested In:
McIvor and Impending legislative changes - Implications for Michel First Nation members
1. What are the implications of the McIvor decision for the Michel First Nation?
a) If you have only one Indian grandparent, you cannot have status
McIvor dealt strictly with the double mother rule and found that it is discriminatory on the basis of gender. The court stated that the government has no obligation to grant status. Furthermore, the court of Appeal decided that ss.6(1)(a) and (c) violate the Charter to the extent that they grant status to individuals who would not have had status under the foermer legislation under s.12(1)(a)(iv). Very simply put, if a child only has one Indian grandparent, they would not have status.
Without analyzing each individual's geneology, it is impossible for legal counsel to determine whether the court's ruling will affect the status of individual Michel First Nation members.
b) The government is committed to changing the status provisions of the legislation
MInister Strahl has stated, "This Government has taken many actions over the years to ensure Aboriginal people enjoy the same rights, protections, and equality as other Canadians. Proceeding with those amendments as ordered by the Court is another step in that direction."
The argument that Indians should have the same rights as other Canadians is an echo of the 1969 White Paper that advocated the elimination of special status for Indians. Bill C-31 was effective in eliminating status within two generations, and thus eliminating Government responsibility for Indians. If the government amends the legislation to address the double mother rule, it may have little effect on Michel First Nation members' current status, but it may impact your ability to pass status on your children.
The committment by the Minister to make revisions to the Act is an opportunity to press the government to include the re-designation of the Michel First Nation as a band. Nevertheless, the net effect of the legislation will be the near elimination of status Indians within one or two generations, and the elimination of bands. Most band membership codes require that individuals have status. However, there is nothing in law to prevent an Indian band from determining its own membership independent of status.
For More information on McIvor See: McIvor Background
The Supreme Court of B.C. decision is available at:
http://www.courts.gov.bc.ca/Jdb-txt/SC/07/08/2007BCSC0827.htm
a) If you have only one Indian grandparent, you cannot have status
McIvor dealt strictly with the double mother rule and found that it is discriminatory on the basis of gender. The court stated that the government has no obligation to grant status. Furthermore, the court of Appeal decided that ss.6(1)(a) and (c) violate the Charter to the extent that they grant status to individuals who would not have had status under the foermer legislation under s.12(1)(a)(iv). Very simply put, if a child only has one Indian grandparent, they would not have status.
Without analyzing each individual's geneology, it is impossible for legal counsel to determine whether the court's ruling will affect the status of individual Michel First Nation members.
b) The government is committed to changing the status provisions of the legislation
MInister Strahl has stated, "This Government has taken many actions over the years to ensure Aboriginal people enjoy the same rights, protections, and equality as other Canadians. Proceeding with those amendments as ordered by the Court is another step in that direction."
The argument that Indians should have the same rights as other Canadians is an echo of the 1969 White Paper that advocated the elimination of special status for Indians. Bill C-31 was effective in eliminating status within two generations, and thus eliminating Government responsibility for Indians. If the government amends the legislation to address the double mother rule, it may have little effect on Michel First Nation members' current status, but it may impact your ability to pass status on your children.
The committment by the Minister to make revisions to the Act is an opportunity to press the government to include the re-designation of the Michel First Nation as a band. Nevertheless, the net effect of the legislation will be the near elimination of status Indians within one or two generations, and the elimination of bands. Most band membership codes require that individuals have status. However, there is nothing in law to prevent an Indian band from determining its own membership independent of status.
For More information on McIvor See: McIvor Background
The Supreme Court of B.C. decision is available at:
http://www.courts.gov.bc.ca/Jdb-txt/SC/07/08/2007BCSC0827.htm