Gender Equity in Indian Registration Act

An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs)

This bill was last introduced in the 40th Parliament, 3rd Session, which ended in March 2011.

Sponsor

Chuck Strahl  Conservative

Status

This bill has received Royal Assent and is now law.

Summary

This is from the published bill. The Library of Parliament often publishes better independent summaries.

This enactment provides a new entitlement to Indian registration in response to the decision in McIvor v. Canada (Registrar of Indian and Northern Affairs) that was issued by the Court of Appeal for British Columbia on April 6, 2009.

Elsewhere

All sorts of information on this bill is available at LEGISinfo, an excellent resource from the Library of Parliament. You can also read the full text of the bill.

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:40 p.m.
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Vancouver Island North B.C.

Conservative

John Duncan ConservativeParliamentary Secretary to the Minister of Indian Affairs and Northern Development

Mr. Speaker, I will ask the member for Abitibi—Témiscamingue a question that will give him an opportunity to speak some more, because I know he has not had a full opportunity.

I will mention a couple of things and ask a question.

First, there was not a lot talked about in either of the previous two speeches by the members for Nanaimo—Cowichan and Abitibi—Témiscamingue, but there is an exploratory process that goes beyond this legislation that has been announced. That has sent the right message on the other issues that keep creeping in, which is registration, membership and citizenship issues, a broad range of issues that the bill brings to the floor.

I would also like to make a comment. The member for Nanaimo—Cowichan talked about how we were dealing piecemeal with the Indian Act. In full recognition of that, the legislation is addressing a narrow court decision, but what we have also discovered is that one size does not fit all.

Finally, the member for Abitibi—Témiscamingue made reference to Mary Hurley, our committee researcher. I would like to think the other members of the committee would join with us in congratulating her on her work. She is in her last week. I understand she is retiring this week, so special significance and special recognition to her. We wish her a long, prosperous and healthy retirement.

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:40 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

I would join the member in those sentiments.

The hon. member for Abitibi—Témiscamingue.

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:40 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, am I to understand that the Parliamentary Secretary to the Minister of Indian Affairs and Northern Development agrees with my colleagues that I should keep talking for 10 more minutes? No? Oh well, it was worth a try.

I agree with my colleague. There have been pseudo-consultations. With respect, I would add that I am not sure that the Supreme Court Act required the government to hold broad consultations. Nevertheless, I hope that the government is not expecting this bill to pass quickly, certainly not before Easter. That will not happen. It may pass before Easter 2011, but certainly not before Easter 2010. We want to hear from women. I hope that many women's groups are listening today. I would invite aboriginal women who have been negatively affected by this unfair, arbitrary and discriminatory law to talk to committee members about what they would like to see happen.

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:40 p.m.
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NDP

Jean Crowder NDP Nanaimo—Cowichan, BC

Mr. Speaker, the member for Abitibi—Témiscamingue gave a very thorough speech. It is no surprise that I have a couple of questions for him in reference to the process that has been set out for some sort of consultation. As always, the devil is in the details.

At this point, it is whether it will be the kind of process that was done with matrimonial real property. A report tabled by Wendy Grant-John outlined some processes around consultation and they were promptly disregarded.

There are a couple of other thorny parts around what is being disregarded. Clatworthy, back in 2001, identified the fact that the contribution of unstated paternity was a factor in determining membership. The presumption is if the woman does not identify who the father is, that he is non-status, that has accelerated the non-status position. That problem is not dealt with in this legislation.

The second one is around resources. We know the resourcing issue is critical to allow bands to deal with people who could potential regain status. Could the member elaborate on the issues around resources.

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:45 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I would like to thank my colleague.

Quite humbly, I must say that I do not know who would be entitled. That will be a priority issue when the committee begins its study of Bill C-3 and its application.

Women's rights were compromised by Bill C-31 in 1986 and especially by the 1951 Indian Act. We must not let that happen again. The problem started in 1951. I know, that is an important year—it is the year I was born—but that year some problems made their way into the Indian Act, and governments have been trying to fix those problems ever since. I hope that this government will find the resources and give aboriginal peoples a chance to make progress. Many aboriginal people will go back to the reserves. These are people who have always wanted to go back but cannot because the reserves do not have adequate funding to accept them. Let us hope that Bill C-3 will make it possible for people to go back to the reserves.

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:45 p.m.
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Bloc

Paule Brunelle Bloc Trois-Rivières, QC

Mr. Speaker, I would like to congratulate my colleague for making us aware of this issue. When I was the critic of the status of women in 2004-05, I was truly struck by the plight of aboriginal women. These women truly experienced extreme violence. It is disturbing that a bill such as this heaps more discrimination on them. We wonder how they will find a way to turn things around.

This is the first I have heard about the bill. My colleague spoke of the loss of privileges when an aboriginal woman marries a white man. Can he give concrete examples? What are these privileges?

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:45 p.m.
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Bloc

Marc Lemay Bloc Abitibi—Témiscamingue, QC

Mr. Speaker, I thank my colleague from Trois-Rivières. An Indian woman who marries a white man loses all her rights. This means that she is no longer a band member and she is thrown out of the band. She has to leave the area and generally, she and her children are literally—and I do mean literally—removed forcibly from the reserve. That has happened. Therefore, she is no longer an Indian within the meaning of the Indian Act. She cannot own property on the reserve. She and her husband cannot own a house. They are expelled from the reserve.

That has happened in Quebec. It has actually started happening again with the Mohawks. It has happened in a number of other communities. There is a shortage of land. If a woman is not an Indian under the law, she is turned out. She loses her rights, her children lose all their rights under the Indian Act, that is, the right to be recognized. What is worse, they lose their culture. When you are expelled you have no rights. You are on the outside.

You would not believe that this could happen in Canada. However, that is exactly what has happened to aboriginal women over the past century and it is unacceptable. Women had power because tradition was passed on by women, by mothers. Overnight, they had their rights trampled on. This was confirmed in 1951 and in 1985. Let us hope that this is not the case when we have finished studying Bill C-3.

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:50 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

Is the House ready for the question?

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:50 p.m.
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Some hon. members

Question.

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:50 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

The question is on the motion. Is it the pleasure of the House to adopt the motion?

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:50 p.m.
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Some hon. members

Agreed.

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:50 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

The motion is carried. Accordingly the bill stands referred to the Standing Committee on Aboriginal Affairs and Northern Development.

(Bill read the second time and referred to a committee)

Gender Equity in Indian Registration ActGovernment Orders

March 29th, 2010 / 4:50 p.m.
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Conservative

The Acting Speaker Conservative Barry Devolin

It is my duty, pursuant to Standing Order 38, to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Edmonton—Strathcona, the Environment; the hon. member for Don Valley West, Airline Security; the hon. member for Acadie—Bathurst, Justice.