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No More Failed Remedial Legislations to the Indian Act - sign the petition

10/28/2013

5 Comments

 
Section 15 of The Canadian Charter of Rights and Freedoms states all Canadians have the right to live free from sexual and racial discrimination, yet Canada refuses to remove the sex discrimination in the Indian status registration provisions of The Indian Act.  Despite the long-time efforts of Indigenous women such as Mary Two-Axe Early, Jeannette Corbiere-Lavell, Yvonne Bernard, and Sandra Lovelace sex discrimination continues.

While The Indian Act was amended in 1985 to eliminate the sex discrimination against women who married non-Indian men, Canada took advantage of this remedial process creating the second-generation cut-off rule, and through applying this rule in a detrimental way to the descendants of Indian women as compared to the descendants of Indian men.  In this way Canada manipulated the remedial process.

Sharon McIvor furthered the effort, where in 2011 The Indian Act was once again amended.  Despite her 25 year effort Canada again manipulated the remedial process where as such many issues remain.  For example, the grandchildren of Indian women once enfranchised, and born prior to September 4, 1951 continue to be denied.

Further, many are unaware of the matter or unknown and unstated paternity (also unreported, unnamed, unacknowledged, unestablished, and unrecognized paternity).

Prior to the 1985 amendment to The Indian Act provisions protected mothers and their children whose father’s signature was not ascribed to the birth certificate − meaning the child was the same as their Indian mother, a status Indian.  Through the 1985 remedial process Canada removed these provisions creating yet another new form of sex discrimination.  Today Canada assumes all unknown fathers are non-Indian and this negatively affects the child’s treaty rights such as housing, health care, and education.  This policy remains in situations of sexual violence such as rape, gang rape, incest, prostitution, and sexual slavery.  Lynn Gehl v. Attorney General addresses this sex discrimination and it will be heard in court in May 2014.

Please sign this petition in support of the call for Canada to end the manipulative practice of using the remedial process of eliminating the sex discrimination in the Indian status registration provisions of The Indian Act as an opportunity to create new forms of sex discrimination in law, policy, and practice.

Link to petition: click here

To learn more: www.lynngehl.com

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Dr. Lynn Gehl 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, is an outspoken critic of the Ontario Algonquin land claims and self-government process, and recently published a book titled Anishinaabeg Stories: Featuring Petroglyphs, Petrographs, and Wampum Belts.  You can reach her at lynngehl@gmail.com and see more of her work at www.lynngehl.com

Please like, share, and comment on this Black Face Blog.

5 Comments
Sylvia Smith
9/28/2014 11:49:08 am

Remove the sex discrimination in the Indian Act now. Remove the second generation cut-off rule. Stop manipulating the remedial process! End the dishonest practices now! All Canadians have the right to live free from discriminatory practices. Get it right this time, Canada!

Reply
Nancy (ishi) Bonear
10/14/2014 06:21:41 pm

this is just so absurd..been allowed for far too long..and we all know why it was created in the first place..& why they cling to it with all their teeth..it's a barely disguised assimilation method to reduce our numbers by even status elimination.....c'mon Ca gov..Evolve already!

Reply
Janice M.Makokis
10/15/2014 06:13:58 am

I'm one of these woman without my fathers name and I have 14 children with full treaty father and all my children are billc31

Reply
Khaire
10/15/2014 08:30:20 am

If they don't amend the Indian Act to give Aboriginal women their Charter rights, then our legislator discriminates through race and gender; an action which effects all women and every minority.
The vigilant citizens maintains their rights, will the naive sells the little rights they have, lets stay vigilant and support the protection of our charter rights!

Reply
Christine Hunt
10/20/2014 02:05:24 pm

This is extremely unfair. This should have been taken care of when Bill-31 happened. I can't believe the cold hearted government.

Reply

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copyright Lynn Gehl
www.lynngehl.com