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Your Application for Indian Status Registration is Your Responsibility

4/29/2013

23 Comments

 
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Recently I heard a story that caused me to pause.  Someone shared with me their story of struggling to get their children registered as status Indians and thus access to their treaty rights.  Is seems that Aboriginal Affairs and Northern Development Canada (AANDC) is taking a long time to process applications for Indian status.  This person submitted her children's application in June 2010 and as of April 2013 the process continues to be in a state of limbo.

While this advice I offer here is not full-proof, this is what I suggest.

When it comes to Indian status registration, AANDC will not act in your best interest.  Do not think they will. Ultimately it is up to you to monitor the progress of your application process.

If you are applying for Indian status and your children's Indian status, send in the applications as well as all of your long form birth certificates - at the same time. Do not wait for AANDC's request for your children's long form birth certificates. 

I suggest that you open a file and place copies of the applications, the long form birth certificates, and all correspondence that is sent to you from AANDC in this file.

Also, do your best to obtain the contact name and telephone number of the AANDC employee that is handling your application. 

Furthermore, keep track of the date of your original application, and follow up every few months with direct contact with the person assigned to your file. Do not wait for them to contact you.  Do this in a good and exact way. By this I mean make sure you are kind and your dates are correct.

AANDC will delay the application process as it is in their best interest to slow the process down and deny entitlement to Indian status. AANDC does not work for you but rather they are a department of the federal government, and so you must remain diligent and on top of your and your children's application process.

Note: There are two status designations: section 6(1) and section 6(2).  Section 6(1) is considered stronger in that individuals can pass on Indian status to their children in your own right.

Note: If you are registered under section 6(2) of the Indian Act you will be unable to pass on Indian status to your children in your own right.

Note: If you are registered under section 6(2) you may be entitled to be registered under section 6(1).  I suggest you get some advice on this. 

Note: In situations of unknown, unstated, unrecognized, unreported, unacknowledged, and unestablished paternity - it is assumed by AANDC that the father is non-status.  This assumption negatively affects your child's right to Indian status. Click here for more information.

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 she 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 comment on, like, and share this Black Face blog.


23 Comments
Chaneesa
6/30/2013 03:35:54 pm

I thought the indian act was revised to avoid the sexist implications of the original act where women marrying non status men will not be able to pass on status to their children?? How then is section 6(2) still justified? Please clarify.

Thanks very much, I really enjoy your blog - its extremely informative.

Reply
Lynn Gehl
7/1/2013 07:53:12 am

To learn more read some of the articles published on this website. Look under "community publications" and "academic publications". Lynn

Reply
Carolyn Quirt
7/30/2013 02:10:25 am

Recently, we received our non-status cards from the Mattawa-North Bay Algonquins and it has been my understanding that we need to wait a few years (about 5) before the treaty is signed, then we become status. I'm hoping you can steer me in the right direction. Should we just be applying with AANDC as we did with the chief?

Reply
Lynn Gehl
7/30/2013 07:56:37 am

Carolyn, Re Indian status registration - you need to apply with AANDC. Lynn

Reply
Suzanne Aubertin-Ryan
9/23/2013 12:51:37 am

Thank you Lynn!!! I had the same question and could not get a straight answer from anyone else.

Clayton Garlow
10/11/2015 09:36:20 pm

My common law wife is non indian and I am registered under section 6(2), is there any way for me to register my son? So that he can continue my heritage?

jack b
10/23/2016 06:32:31 pm

The settlement was reached October 2016. Now starts the Ottawa lands negotiations. I'm applying to aandc but there are no friends there either.

Reply
Dustin
4/14/2014 11:05:46 am

I'm 24 and I just submitted my application under Bill C3. My dad is registered, his mother is also registered. Here's hoping this process doesn't take YEARS.

Canada Post shows that they received my application package on April 7th. When would you recommend I follow up on it and how?

Reply
Lynn
4/14/2014 01:14:26 pm

Hi Dustin,
I would follow up with a call two weeks after. See if you can get a name of the person who will be reviewing your file.

You may find this interesting: http://aptn.ca/news/2013/12/03/red-tape-2/

Lynn

Reply
Chad
8/2/2014 01:32:09 pm

Hello, I have recently received a certificate of Algonquin status from Mattawa/Northbay Algonquin First Nations. My question is , do I need to apply with AANDC for First Nation Status ?

Reply
Lynn Gehl
8/6/2014 05:36:08 am

Kwey Chad,

It is important that you gain clarity of the terms you are using.

AANDC is the only institution where you can become registered as a status Indian as per the Indian Act. Did you apply with them directly? I ask this because you need to.

Band membership and citizenship are conferred through First Nations that are recognized by the government of Canada as a legitimate First Nation. For the most part Indian status is required for band membership and/or citizenship in these First Nations.

In addition to this there is entitlement to be enrolled in the Algonquin land claims process through Algonquin communities that are not recognized as First Nations - yet they call them selves a First Nation. The reality is they are formations under the land claims process.

Your question states you received "Algonquin status" which informs me that you are not yet clear about the differences between Indian status, membership, citizenship, and enrollment. I will say that it is complicated.

I hope this is helpful.

Lynn

Reply
Krystal
8/7/2014 04:11:06 am

I'm so frustrated. I applied in November of 2011. Under the Bill C-3 statute, as my mother is status but my father is not. I recieved my temporary file number along with my birth certificate back in the mail in 2012, and have literally heard nothing since. I contacted AANDC in January and was told there was a backlog, and that my file would be assigned in april. I contacted again recently, and there is nothing listed as correspondence on my file. Of course the number listed as a contact number is only an info line, and can only submit a ticket for a call back. If you miss the phone call, you have to call the info line again and submit a whole new ticket, despite the registar clerk leaving the info line as a contact number.

Im at wits end as the info line person told me yesterday, that my application was recieved before the back log, and I have not recieved any further correspondence requiring clarification or additional supporting information for my case.


so frustrated.

Reply
Lynn Gehl
8/7/2014 12:22:36 pm

Kwey Krystal,

I am hearing this a lot. Have you seen this: http://aptn.ca/news/2013/12/03/red-tape-2/

Lynn

Reply
Caroline
10/16/2014 11:29:59 am

Hi Lynn,
I appreciate your blog and have signed your petition. Applying for status is extremely trying.When you say, "Note: If you are registered under section 6(2) you may be entitled to be registered under section 6(1). I suggest you get some advice on this" Do you have any direction where to search for advice?

Reply
FrustratedMom
10/21/2014 05:12:23 am

Applications submitted in February 2014. Received confirmation 3-4 weeks later via registered mail saying my documents were received. I have continually called for an update and as of today 8 months later they have told me August 2012 applications are being reviewed now so I am looking at at least 2016 before my application is reviewed.

This is frustrating considering the government website states 4-6 months for application review.

Reply
Mike Tarbaj
3/9/2015 03:11:19 am

Hi Frustrated Mom,
I just submitted a post with similar complaints, and similar time frames.
I think we have to take steps to let this be known that it's not acceptable.
Would you like to join me? You could be the first to join me in this petition.
Mike Tarbaj

Reply
Mike Tarbaj
3/9/2015 03:04:27 am

I have been applying for Indian Status on behalf of my daughters for over 10 years. Feb 18th 2014 AANDC confirmed receipt of my 3rd application over the years. I believe that I covered all bases required to warrant issuing Status. I understood AANDC was backlogged, and the processing time may be a year. In the last 2 months I started checking on the progress of applications. AANDC said because these are re-opened applications.They are currently working on fall 2012 applications. I am not good with this, I'm sure there are others that would like to do a joint petition to Stephen Harper's office. Please list my email and I would like to apply pressure for action.

Reply
Bruce
8/31/2015 09:44:58 am

My wife and I adopted an aboriginal child and have been trying for several years to get him recognized with status. Twice our entire forms package was returned noting that the forms had changed before anyone could look at his application. After four and a half years, we received a notice that his status had been finally approved, but then it was revoked several weeks later, because the signing guarantor (our family doctor) did not use block letters on one of the forms. This is absurd. Now we have been instructed to start over, for the third time. Further to fan the fires of frustration, we have always been told the only way to communicate is by fax. Yes, I said fax. I am certain these delays are a way for the department to either make people give up, or for a certain percentage to simply die off before being granted status. I'm both infuriated and ashamed of my government's obvious attempts to thwart our efforts to help our child.

Reply
Rachel
4/22/2016 10:19:27 am

I submitted by sons application and was informed there was insufficient information on the file to process his application. I was then instructed to fax supporting documents to prove that both my mother in laws parents were of native decent and therefore her status would be upgraded to allow for registration of my children under the new bill. I was advised Under bill c3 the application would be processed in a timely manner within 6-8 months. I recently contacted them to follow up they are now informing me it will be another two years. I have launched an official complaint and it is currently under review with there complaints department. If I am successful in receiving a response I will post updates.

Reply
Lynn Gehl
4/25/2016 09:07:53 am

Kwey Rachel,

Thank you for sharing this. Have you seen this 2013 APTN investigation? http://aptn.ca/news/2013/12/03/red-tape-2/

You may want to contact APTN and ask them to do a follow up on this matter.

Reply
Rob
11/8/2017 07:07:26 pm

I just submitted an application in August 2017. I received a letter today saying they received my application and my file was open. Does anyone know what sort of processing time we are looking at now. I see the last comment was April 2016 above. Thanks

Reply
Caroline
11/15/2017 09:07:17 am

My application process took 3 years.
During my process:
- they required more information
- they would not have found my tracked package if I had not ensured that it was delivered by calling and alerting them to it.
- they lost my application for the status card along with my photos... I had to reapply for the card and send new photos

My brother's application (he submitted after mine was approved) took 6 months, so it varies. I also had to call on his behalf to move it forward.

You should call and have a conversation to ask about the timeline and be involved in your process. Keep a record of every interaction.
Call regularly. I hope it goes well for you. :)

Reply
Rob
11/21/2017 07:27:46 pm

Thank you. I will stay on top of it. I appreciate the help.


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copyright Lynn Gehl
www.lynngehl.com