[IPSM] Bill C-31: The Discrimination Continues 20 years later

[devin at riseup.net]

Bill C-31: 
     The Discrimination Continues 20 years later
From: "Devin Butler Burke" <devin at riseup.net>
To: ipsm-l at lists.resist.ca
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Bill C-31: The Discrimination Continues 20 years later
(April 18, 2005 Press Release)

April 17th, 2005 was a significant day for First Nations peoples. It marks
20 years since amendments were made to the Indian Act, commonly known to
First Nations as "Bill C-31". It was first introduced in Parliament on
April 17, 1985 and it received Royal Assent on June 28, 1985.

To mark the 20th anniversary of the continued discrimination of Bill C-31,
the Native Women’s Association of Canada (NWAC) and the Quebec Native
Women Inc. (QNW) are planning a protest on Parliament Hill on June 28,
2005.  It is well known that Bill C-31 did not alleviate the
discrimination within the Indian Act. In fact, the situation has worsened.
First Nations children are losing Indian status at an alarming rate
because one of their parents is non-status. If something is not done then
there will be no more status Indians in the foreseeable future.

NWAC President, Beverley Jacobs, is very concerned over the effects of
Bill C-31. “My office is receiving numerous calls related to Bill C-31. I
am hearing about women being denied access to their communities as a
result of who they married before 1985. I am also hearing about First
Nations children being denied Indian status due to unstated paternity.
This issue is important to First Nations women across the country. We will
continue to advocate for these women until all discrimination is removed
from the Indian Act.”

Ellen Gabriel, President of the Quebec Native Women Inc. shares similar
concerns related to Bill C-31. She states that “Although Bill C-31 was
passed 20 years ago, the sexual discrimination that First Nations women
have had to endure began with the creation of the 1876 Indian Act.  The
time to rectify this injustice is long over due.  We, as Aboriginal women
leaders, must continue to fight for equality of our rights to end this
injustice that never should have happened in the first place!"

The discrimination within Bill C-31 is not only a First Nations’ women’s
issue. It is an issue that affects all First Nations citizens. Both male
and female children and grandchildren are losing Indian status because one
of their parents is non-status.

Since their inception thirty-one years ago, Quebec Native Women Inc. and
the  Native Women's Association of Canada have been advocating on behalf
of Aboriginal Women in Canada.

For further information: contact Charlene Beatty, Executive Assistant to
the President of the Native Women's Association of Canada at (613)
722-3033 ext 225 or Ellen Gabriel, President of the Quebec Native Women
Inc. at (450) 632-0088.

Niá:wen/Thank You

Bill C-31 Fact Sheet

	On June 28, 1985, Bill C-31, An Act to Amend the Indian Act, received
Royal Assent. Bill C-31’s purpose was to eliminate sexual discrimination
within the Indian Act to bring it in line with the Canadian Charter of
Rights and Freedoms and to respond to Sandra Lovelace’s decision from the
United Nations Human Rights Commission. The UN recognized that Canada was
discriminating against First Nations as a result of the marriage
provisions within the Indian Act.

Bill C-31 has many aspects to it. First, Bill C-31 abolished the concept
of enfranchisement. It is no longer possible for First Nations to “sell”
their Indian status. In addition, Bill C-31 provided for the return of
Indian status to those who lost it plus one generation. This
second-generation cut-off affects many First Nations.

Dr. Martin Cannon, Professor of Sociology at the University of
Saskatchewan, finds that “the Indian Act is responsible for making gender
discrimination the foremost of “Aboriginal issues” in the minds of both
female and male descendants of women who acquired status under Bill C-31
and who lost it under the historic Indian Act.  To me, there is no way to
separate ‘Aboriginal issues’ – those that are of common concern to all
Aboriginal people – from ‘women’s issues’; especially since the history of
colonial policy injustices and processes of racialization in what is now
called Canada have everything to do with the history of patriarchy and sex
discrimination.”

Second, First Nations have to apply to have their Indian status
reinstated. Indian Affairs was not prepared for the hundreds of thousands
of applications for re-instatement. It is now twenty years later and there
are still approximately 10,000 people waiting to regain their Indian
status.

Third, Bill C-31 created new definitions of status, which reflects the
continued discrimination and sexual discrimination in the Indian Act.
There are six subsections of Section 6(1). First Nations peoples who were
registered prior to 1985 have Section 6(1)(a) status. For those women who
regained status, they are registered under Section 6(1)(c). Her children
are registered under Section 6(2).

As First Nations marry persons with no Indian status then their children
have Section 6(2) status. If a person with Section 6(2) status has a child
with a person with no Indian status then their child has no Indian status.
Bill C-31 initially increased the First Nations population but as more
First Nations have children with non-status people, Bill C-31 will
eliminate Indian status in the foreseeable future.

Fourth, under the provisions of Bill C-31, First Nations women must state
the status of the father when registering their children. Many First
Nations women are having difficulties with having to register her children
if she does not want to state the paternity of her children, especially if
she is an abusive or violent relationship. According to Bill C-31, if the
father of the child is not listed on the birth certificate then Indian
Affairs assumes that the father is non-status. Unstated paternity means
that the child will either have Section 6(2) status or no Indian status.

Fifth, Bill C-31 gave each First Nations community the right to develop
their own membership code. However, each membership code had to be
approved by the Minister of Indian Affairs.
All First Nations communities have issues with the lack of resources
related to Bill C-31: financial, infrastructure, land and housing. There
were concerns that increased First Nations populations would have
detrimental effects on already limited lands and resources. The Federal
Government should have provided additional lands and resources to offset
the increase in First Nations populations.

Finally, since Bill C-31 was introduced, there have been hundreds of cases
being litigated in the courts. These cases deal with membership issues,
status issues and continued discrimination and sexual discrimination
within Bill C-31.