Thank you for the opportunity to speak to you today about Canada's effort to eliminate sex-based discrimination through this latest amendment to section 6 of the Indian Act.
As indicated, I represent seven first nations, mainly in southern Ontario. I am also the chair of the Assembly of First Nations' Women's Council. This council is an essential consultative body of the AFN under its charter, representing the interests and perspectives of first nations women who are members of our 634 first nations across Canada. As chair, I participate in meetings of the executive committee, our chiefs in assembly, and other meetings, including presentations to parliamentary committees on occasion.
As we are all painfully aware, the Indian Act was founded on the goal of complete assimilation of first nations as distinct nations. Since 1876, the Indian Act has undermined our kinship systems, our systems of governance, and many other aspects of our lives, including by enabling the imposition of the residential school tragedy. A primary tool to achieve those ends has been discrimination targeting first nations women.
This is the third time Parliament has attempted to rectify the sex discrimination in the act. In 1985, changes made under Bill C-31 left the task incomplete. In 2009, the British Columbia Court of Appeal found that the combination of the two-parent rule, the hierarchy of different types of status under subsections 6(1) and 6(2) of the Indian Act, and the second generation cut-off perpetuated sex discrimination under the act. Now the Descheneaux case has forced Parliament to make a third attempt.
We understand the compelling need for the government to respond to the discrimination identified in Descheneaux. Unfortunately, Bill S-3 will result in continued discrimination. In addition, the proposed amendments in Bill S-3 will compound the existing complexity of the Indian Act registration provisions by adding three additional subparagraphs to paragraph 6(1)(c).
The basic approach of this bill is to continue arbitrary federal control over first nation identity and simply push the residual gender-based discrimination down one generation.
Our review of Bill S-3 suggests other discrimination that will not be addressed. Number one, under Bill C-3, which addressed the McIvor decision, a woman who regains her status is deemed to be under subsection 6(1), and her children would also be eligible for subsection 6(1) status, passing on through future generations. However, a woman who lost and regained status for any reason other than that addressed under Bill C-3 was deemed to be under subsection 6(2), disadvantaging any future offspring.
Number two, Bill C-31 attempted to address the decision of the United Nations Human Rights Committee in the Sandra Lovelace case, as well as charter compliance issues. Now, under Bill C-31, a woman who regains status is deemed to be under subsection 6(1). A person, male or female, who lost and regained status under any circumstance other than marriage, under Bill C-31, is deemed to be under subsection 6(2), and any future offspring may be ineligible for status.
In our view, Canada's continued imposition of a two-parent rule, combined with the hierarchy of status transmission established by Bill C-31 under subsections 6(1) and 6(2), lies at the heart of the ongoing sex-based discrimination. We note with considerable concern that there is apparently no remedy yet for the unfair and long-standing discrimination in the department's policies respecting so-called “unstated paternity”.
I emphasize that these are not usually situations of paternity being unknown but most often of a woman having other reasons for not identifying the father of her child.
Thank you.