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Gehl at the Court of Appeal

12/24/2016

2 Comments

 
​News Coverage regarding Lynn Gehl Vs The Attorney General of Canada Court of Appeal Hearing
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The best legal team from right to left: Mary Eberts, Christa Big Canoe, Lynn Gehl, Emilie Lahaie, Jeremy Kolodziej Photo credit: Monica Vida
Here is a CBC radio interview I did December 22. (Move to 7:40-13:22.)

http://www.cbc.ca/news/canada/toronto/programs/ontariomorning/ontario-morning-podcast-thursday-december-22-2016-1.3908644
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“Gehl's co-counsel, Mary Eberts, said the government's current interpretation of the Indian Act treats men and women differently, with women bearing the disproportionate brunt of the unequal treatment. In general, Eberts said, it is far more difficult to identify a father than it is a mother.”
 
Note: These news articles contains wording that is may confuse people: “Tens of thousands of women are estimated to be in Gehl's situation — denied Indian status in cases in which a father is unknown or unstated on his child's birth certificate. This usually results from cases of rape, incest, or abuse, or where a man simply disavows his child.” Women in the first sentence should be replaced with “mothers and children”.

http://www.cbc.ca/news/canada/toronto/lynn-gehl-indian-act-challenge-1.3904977

https://www.thestar.com/news/canada/2016/12/20/feds-discriminating-against-indigenous-women-through-indian-act-ontario-court-hears.html
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 “A woman’s long quest to be recognized as an Indian goes before Ontario’s top court Tuesday in a constitutional challenge that asserts she and others like her are victims of discrimination. At issue is a federal government policy that a father whose name does not appear on his child’s birth certificate is not an Indian. This includes cases of rape or incest, or where the man simply disavows his child.”
 
“Gehl, who has a doctorate in indigenous studies, said the judge’s view was too narrow. ‘Canada has spent almost $1 million defending a discriminatory policy and law,’ she said.”
 
http://www.680news.com/2016/12/19/indian-act-sex-discrimination-lawsuit-reaches-ontarios-top-court-2/
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​See also: 

"At issue is a federal government policy that a father whose name does not appear on his child’s birth certificate is not an Indian. This includes cases of rape or incest, or where the man simply disavows his child."

http://www.thepeterboroughexaminer.com/2016/12/20/peterborough-womans-indian-act-sex-discrimination-lawsuit-reaches-ontarios-top-court
 
See also:
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"After unsuccessful attempts at registration, Gehl took her fight to the courts in 2002, arguing 1985 provisions of the Indian Act that determine how status is passed to children are unconstitutional."

http://www.timescolonist.com/indian-act-sex-discrimination-lawsuit-reaches-ontario-s-top-court-1.4956562
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Lynn Gehl, Ph.D. is an Algonquin Anishinaabe-kwe from the Ottawa River Valley. She has a section 15 Charter challenge regarding the continued sex discrimination in The Indian Act, and is an outspoken critic of the land claims process. Her book The Truth that Wampum Tells: My Debwewin of the Algonquin Land Claims Process  offers an insider-Indigenous analysis of the Algonquin land claims process in Ontario. You can reach her through, and see more of her work at www.lynngehl.com.

2 Comments
Pearl Theriault
12/25/2016 03:54:21 am

I support your work and your efforts to change discriminatory language in the Indian Act. It's an important step to equality of genders and you're the person to do it for all women in Canada. Thank you Lynn.

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Lynn Gehl
12/31/2016 08:08:27 am

Miigwetch Pearl.

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copyright Lynn Gehl
www.lynngehl.com