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Genocide of 25,000 First Nation Children through Unstated Paternity Policy!

12/20/2012

34 Comments

 
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© Dr. Lynn Gehl, Gii-Zhigaate-Mnidoo-Kwe

Canada commits genocide of 25, 000 Indigenous children through Aboriginal Affairs and Northern Development Canada’s (AANDC) unstated paternity practice yet relies on language – unstated paternity− that blames their mothers.

In 1943, Raphael Lemkin first coined the term “genocide” and proceeded to define the term.  Interestingly, what many people do not know is that Lemkin defined genocide in cultural terms rather than in terms of killing and mass murder.  More specifically, Lemkin defined genocide as having two stages.  The first involves the denial of an oppressed group’s national pattern; and the second stage involves the imposition of the oppressor’s national pattern.


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When the International Convention on the Prevention and Punishment of the Crime of Genocide was adopted by the United Nations in December 1948, Lemkin’s definition was included within the definition.  Article 2 of the Convention codifies five genocidal practices and states that any of these acts committed with intent to destroy, in whole or in part, a national, ethnical, racial or religious group, constitutes genocide.  These five practices are: Killing members of the group; Causing serious bodily or mental harm to members of the group; Deliberately inflicting on the group conditions of life calculated to bring about its physical destruction in whole or in part; Imposing measures intended to prevent births within the group; and, Forcibly transferring children of the group to another group.

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That said, when I think about the issue of unknown and unstated paternity and the Indian Act, specifically about AANDC’s unstated paternity policy, or internal practice or whatever they want to call it, I realize it is in fact genocide.  As many know, Indian status is delineated into two subsections of section 6 of the Indian Act: subsection 6(1) and subsection 6(2).  While mothers registered under subsection 6(1) are able to pass on status to their children in their own right, this is not the case with mothers registered under subsection 6(2), also known as a weaker form of status.  In the event that a father’s signature is missing or not found on a child’s birth registration form, the Registrar of AANDC assumes a negative presumption of paternity, meaning the Registrar assumes non-Indian paternity.  This means that the children born of mothers registered under subsection 6(2) are vulnerable as their children are now considered to be non-status and thus not entitled to their treaty rights such as health care and education rights, First Nation band membership, and First Nation citizenship.

Many know by now that Indigenous women are victims of a higher rate of sexual violence such as incest, rape, gang rape, sexual slavery, and prostitution.  This situation has been brought on through the oppression of colonization, the denial of our rights as Indigenous people, the denial of our land and resources, the residential and day school systems, and the criminalization of our cultures and Indigenous knowledge systems.  In any sexist and racist society young Indigenous women are particularly vulnerable.  Research has shown that 45% of the children born to status Indian mothers 15 years of age or younger do not have their father’s signature on their birth registration form.  It is precisely at this moment where Canada’s practice falls within the parameters outlined in the International Convention on the Prevention and Punishment of the Crime of Genocide.  Specifically, when a father’s signature is not placed on a child’s birth registration form and the mother is registered under subsection 6(2) of the Indian Act, AANDC’s unstated paternity policy transfers [read commits the genocide] these children from their First Nation community into mainstream Canadian society.

It is crucial that I point out that in the process of committing genocide Canada relies on language that blames mothers, as in “unstated paternity”.  While AANDC’s unstated paternity policy targets Indigenous mothers for the lack of the father’s signature, there are many instances where a mother, for very legitimate reasons, may refuse to obtain a man’s signature, such as in the unfortunate situations of incest and rape.  In addition, there are many situations where a father will not sign a birth registration form as they seek to avoid child support payments or because they need to preserve a previous relationship.  Clearly, terms such as unreported, unnamed unacknowledged, unestablished, unrecognized, and unknown paternity are better signifiers of women’s realities.

AANDC’s genocidal policy continues to exist today despite the fact that section 15 of the Charter of Rights and Freedoms was put in place in 1982 and is supposed to protect Indigenous women from sex discrimination.  Furthermore, this genocidal policy exists today despite the long-time heroic efforts of Mary Two-Axe Early, Jeannette Corbiere-Lavell, Yvonne Bedard, Sandra Lovelace, and Sharon McIvor.  It is clear to me that legislative change, such as the changes to The Indian Act that took place in 1985 and 2011, is not an avenue for Indigenous women.  Clearly the government of Canada has merely manipulated moments of legislative change in their favour: genocide.

Through their unstated paternity policy, Canada perpetuates the sexual violence imposed on Indigenous women and commits genocide on their children.  Since 1985, when this AANDC policy emerged, I estimate that as many as 25,000 Indigenous children have been affected by this genocidal practice.

In April 2012 Canadians celebrated the 30th anniversary of the Charter of Rights and Freedoms.  Do you feel protected?  Did you feel fuzzy and warm?  I certainly did not and I am sure many Indigenous women and their babies stand with me on this.

Please like, share, and comment on this Black Face blog.
34 Comments
Anakka Hartwell
12/21/2012 01:52:34 am

FB posted and tweeted.
We have to raise awarness. Most people do not know and understand whats really going on. Its hard for people to accept that the Gov would actually plot and plan to eradicated a group of people.....its easier to deny its happening. We have to come together to help protect the Native People. Its our responsibility as residents of the planet.

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lynn gehl
12/21/2012 07:20:31 am

Kwey Anakka, Yes, it is hard to believe. Thank you for your comments. Lynn

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Betsy Bruyere
12/26/2012 02:56:35 am

you have my support in this movement... if i can help in any other way please let me know

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lynn gehl
12/27/2012 12:08:26 pm

Betsy, You can help by becoming more informed and talking with others about the issue. Miigwetch Lynn

Alice Horsnell
12/26/2012 03:09:41 am

i truly find this interesting and very informative.. honestly and sadly it is so true..

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lynn gehl
12/27/2012 12:09:06 pm

Miigwetch Alice

Becky
12/31/2012 10:23:17 am

Same with in Alaska. My grandpas name, Roy Khomakhuk isn't on my moms birth certificate so our status should have continued to my daughter but it's not going to now. My grandpa Roy passed away whenSame with in Alaska. My grandpas name, Roy Khomakhuk isn't on my moms birth certificate so our status should have continued to Makayla but it's not going to now. My grandpa Roy passed away when my mom was 3 so he can't sign the form or do paternity testing now. Also, in Alaska they "closed the books" with the info they had at the time- ie no corrections are able to be made. My daughter isn't able to get her treaty rights even though she does have enough native "blood quantum" (how they do it there). My mom is always trying to resolve this to no avail. my mom was 3 so he can't sign the form or do paternity testing now. Also, in Alaska they "closed the books" with the info they had at the time- ie no corrections are able to be made. Makayla isn't able to get her treaty rights even though she does have enough native "blood quantum" (how they do it there). My mom is always trying to resolve this to no avail.

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Suzanne Sholer link
12/21/2012 10:14:28 pm

It is truly backawrds that paternity, rather than maternity, should determine to which nation a child is a member. For centuries, it has been obvious who a child's biological mother is from the moment of birth. However, determining a child's biological father is quite a different matter

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lynn gehl
12/26/2012 10:16:22 am

I agree Suzanne. I think natural law rules here. Yet patriarchy interferes and makes a mess of things. Lynn

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Bernie Sheren
12/23/2012 05:00:43 am

The majority of people do not understand or believe that the government continues to maintain their practice of manipulating the Treaties to this day. My family's farm was stolen by the Canadian Government in the1980s and although they have acknowledged they had not right to take the land they have not given it back to our family. Rather they still use it as an RCMP horse training facility and collect money from the camp grounds they cleared farmlands and forests for than paved over it.

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lynn gehl
12/26/2012 10:18:02 am

Bernie, I agree and since 1985 they are targeting babies to eliminate their treaty responsibilities. Lynn

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Atsy
12/25/2012 12:22:04 am

350 Years ago my native ancestor married a White Guy their kids became legally whites and the tribe vanished over the next 100 years. The US State Government gave some cultural survivors a BIG Casino permit and limited the membership to 1500 "Worthy" families. It seems the Whites decide who is and who is not Native. The few Card Carrying Natives, don't want to share their Casino Profits so do not recognize the other families and so the Genocide continues fueled by Greed.
This has to stop. To be Native is not defined by Canada or America they are Corporations. We are the people.

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lynn gehl
12/26/2012 10:21:10 am

Kwey Atsy, Yes, I agree money will do that - divide those who have little. Really a terrible thing. Integrity though is long standing - sometimes it takes generations. Lynn

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Cliff Standingready
12/25/2012 06:24:15 am

Lynn... This gives cause for the book Speak For US to be written by myself...It directly focuses on labels that was forced on the "Little Ones" who did not survive the residental schools... an estimated 50,000 kids did not survive.Once we take the number out of that statement we restore their identities.That said it focuses on labels being the identity. Like " you are stupid" " you come from pagans" "You are a sinner" This is harm perpetuated directly on the humanity of the child. that is the objectivity of the situation. The sixties scoop is a blatant act of genocide. Yet there are many so abused that they have become institutionalized to the labels that they can not speak for them selves. Fear prevents them from breaking out of the pattern of genocidal thinking.I am speaking from the "white paper" back in 1969. " social engineering does not work"....CHILDREN OF THE CREATOR. The subtley of denying status becomes the denial of humanity. My comment... Respectfully

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lynn gehl
12/26/2012 10:24:08 am

Kwey Cliff, Regarding unknown and unstated paternity - the label 'bastard' is an awful destiny. Lynn

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Angel
12/25/2012 07:04:08 am

I am not a "native" but, I am a woman. My baby was stolen from me at birth by the county even though I had a home and place to take my child home. I tried to find an attorney and nobody would help me..they wanted money I did not have, which is why the county stole my baby from me...my heart has been broken ever since...it is not only limited to "native" people...this type of practice and many others are done to women worldwide...even in so-called free countries....

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lynn gehl
12/26/2012 10:26:49 am

Kwey Angel, I am sorry about your pain. Yes, you are right this type of thing happens to many women. I kindly suggest you join an advocacy effort that challenges this kind of practice that hurts moms and their children. It may serve you well. Lynn

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Giizis Kwe
12/25/2012 08:41:07 pm

Some of my grandchildren are affected by the laws of 6(2). Also, my sister and I have the same two 6(1) parents but my sister lost her status in 1985 when she married a non-native man. She got a different status back when a law changed in Canada and she became a C-31 status native. We both had children with non-native men, and my kids became 6(2)'s. Her children were also 6(2)'s. Then in 2012 when the law changed again with the McIvor case, my sister's childrens' kids gained status, and my childrens' kids did not. Why? Because I did not lose my status. So, my sister and our kids have the same circumstances, except status. Two of my grandchildren out of five, do not have status. Yet they were born and are being raised on our First Nation, but as not status natives. Therefore, I am, and my 2 daughters and their children are discriminated against by Canada's laws because we are women.

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lynn gehl
12/26/2012 10:34:53 am

Kwey Giizis, Some of the details are left unclear and this is ok as I am not providing legal advice. I, though, advise that you discuss the situation with a lawyer. Another thing - in Canada legislation and legal remedies have proven unable to resolve sex-discrimination. The goal of the federal government is to eliminate their treaty responsibilities and status Indians and they are willing to do so in discriminatory ways. This is terrible - but that is what is happening. You are right. Lynn

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Christine
12/26/2012 11:09:40 am

Unfortunately the majority of us cannot afford lawyers to stand for us. My mom was taken from her mom and adopted out. There is noone willing to help me find my family. I don't have a piece of paper in my pocket, but that does not mean I'm non Native. Traditional ceremonies and way of life are what give me my "rights" as the government certainly doesn't

Pam Macdonald
12/26/2012 12:57:06 am

An egregious example of white male misogyny attempting to shape and control Aboriginal peoples into its own mould. The goal of course is the destruction of matriarchal societies and their assimilation into mainstream colonialist community. I was blessed to have had strong women in my background who taught, toiled, marched and protested against that system, even though I was *bred in the bone* of it... a pure WASP. All Women must now join together to lead us through the coming morass. We must Stand tall, Battle on and Idle No More.

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lynn gehl
12/26/2012 10:35:58 am

Well said Pam. Lynn

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Jack Edwin Poitras
12/26/2012 05:02:21 am

The thing that has made me angry and frustrated was the lack of concern or perhaps I ought to say the willingness of the Chiefs across the country who so willingly agreed to give up the rights of the unborn children. By this I mean my daughter, who, if she chooses to marry and have children with a non aboriginal man dooms her children to a life as a "lost child." without status! I mean her children would no longer have status under section 6.2 of Bill C-31. Those far thinking Chiefs, bless their black lil hearts and protectionist thinking, have wrought great damage and hurt on my family. Yet we are called upon to protect those children, whose male parent's name is not on a birth certificate. I am having a great deal of difficulty in dredging up any sympathy for the cause@

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lynn gehl
12/26/2012 10:39:34 am

You can be sure Jack I am not asking you to have sympathy for a neglectful man or a neglectful law or policy as the government of Canada has constructed them to be. I care about the mothers and their babies. Please care along with me. Lynn

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marge
12/26/2012 05:03:12 am

Comment deleted

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Moxie Moxon
12/27/2012 04:29:22 am

amazingly written article. Thank you for being smart and putting this in writing. it's shared in all my networks.

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lynn gehl
12/27/2012 12:12:27 pm

Kwey Moxie, Miigwetch for the kind words. I worked hard learning how to read and write. It took a lot of effort. Please keep learning with me and sharing. Lynn

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jessie clarke
12/30/2012 02:18:13 am

I fall under section 6(2) because my mother had married a white man...and lost her status but regained it in 1985. Since then ive had children who i could not get status for as i was under that section. Then i heard about Sharon Mcivor who fought the gov't for TWENTY years! Can you believe that? Saying that it goes against the charter...which it does...but it goes to show how the gov't will do whatever it can to slow or stop the process...but thankfully this woman never gave up and because of her Bill c-3 was passed. I was able to get my kids status because of that bill that my children were entitled to in the first place! But the journey is not over. Its far from over and she is now fighting for the grandchildren and as Sharon Mcivor states, "Bill C-3 will make about 45,000 people newly eligible for registration as Indians. But Bill C-3 will not end the sex discrimination in the status registration provisions of the Indian Act." Its going to be a battle for years to come. I been watching this case since it came out and im grateful for women like Sharon to fight the gov't on whats rightfully ours...and for posts like this Lynn...because its so soooo important for First Nations and ALL Canadians to know whats really going on...we need more lawyers...more awareness...more education on these matters at hand

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lynn gehl
12/30/2012 01:45:07 pm

Kwey Jessie, Yes, Sharon McIvor and myself have worked for a long time - and it continues. I have been working on my court challenge for 27 years. Lynn

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Christine
12/30/2012 05:25:32 am

I had hoped for some suggestions as to organizations or individuals that may help me find my family of origin, then on rereading my post realized I had not asked for this ! So if you know of who might be able to help me find my family I would be most grateful ! My mom was taken from hers and adopted to a white family. I know I am Native and have lived accordingly. My search has been extensive, long, exhausting and so far fruitless. Any new direction would be most welcomed ! Meegwich !

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lynn gehl
12/30/2012 01:49:08 pm

Kwey Christine, I am sorry I have no idea where you should begin. I would begin with a Google search such as: "How do I find my Indigenous/Native/Indian grandparents when my mother was adopted out?" You may need to hire someone to help you? Lynn

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Christine
12/30/2012 02:01:57 pm

No Problem. It was just another way our status and rights have been stolen by the government. They took babies away and adopted them out to white families. I've been searching for over 20 years. Spent time with incredible elders all over Turtle Island, so it's been a wonderful journey in many unexpected ways. .

Lynda McDonald link
1/5/2013 03:38:50 am

Still happening today, as we speak, my nieces were adopted out lost their names and have adopted names. Also my mom's family are still fighting for their heritage. It goes on and on, and there is nothing we can do. We don't have the money to hire expensive lawyers. The damage has been done and I won't see any remedies in my lifetime. That's the true fact, they don't want to reclaim their names also because the CAS brainwashed them to think that all their family members had died while in care and they told them the living survivors were all drunks and criminals. So they are reluctant but want to know some family members this is how the government has destroyed our family with lies, deceit and brainwashing. Also they have brainwashed them with religious views. But anyways nothing will change, sad but true, we don't have the ability to work together, We are too divided look at the Chiefs they are always fighting at meetings and don't agree with one another, they are always wanting programs for their communities and don't want to share. Most of the Indian Act Chiefs are selected by dishonesty, corruption and lies. Most of them are grade eight Chiefs, they get selected when they bribe band members. So it's not much of a future to look at. We all live in run down houses and they hire only family members or friends they don't even hire the educated people.

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Lynn Gehl
5/16/2013 01:09:07 am

Kwey Lynda,

Yes, I agree with you the effects of colonization are longtime and continuing today. I hope that your nieces are happy even if they don't understand the history. Being happy is important. Lynn

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