imposed the Euro-Canadian concept of patrilineal kinship and inheritance on the indigenouos peoples of Canada. To be considered an "Indian" under the Indian Act, a person had to be the biological child of an Indian father, or have been adopted by an Indian father in accordance with Canadian family law. The Indian Act also provided that women would take their legal status from their husbands. A Shuswap woman who married a non-Indian Canadian continued to belong to her childhood band under Shuswap law, but became "White" under the Indian Act. Likewise, although a "White" Canadian woman who married a Shuswap became a member of her husband's band under the Indian Act, she was never regarded as Shuswap by her husband's band. As a result of the original Indian Act, Shuswap women who married non-Indians were removed from "band lists" maintained by the Government of Canada, thereby losing their rights to live on lands set aside for Shuswap bands ("Indian reserves"). In 1951 the Indian Act was amended to the extent that minor Indian children would also lose their status if their mother married a non-Inctian; bands could, however, apply for an exemption from this rule. Other Shuswaps lost their Indian status upon obtaining off-reserve employment, serving in the Canadian armed forces, or completing higher education. The authors conclude that it was Government policy to remove from Indian reserves anyone deemed capable of assimilating into non-Indian Canadian society.' 2.4 By virtue of Bill C-31 women who, on account of their marriage to non-Indians prior to 17 April 1985, had lost their Indian status under the former Indian Act/ together with any of their children who had lost status with them, could be reinstated and thus be reconsidered band members. In addition, Bill C-31 authorized the reinstatement of men or women who were deprived of their status before 1951 for other reasons. The children of such persons, however, were added to a band list only if both partents were Indians or were entitled to be registered as Indians. Children born before 17 April 1985, merely required the child's father (of/ if the parents were unmarried, mother) to have Indian status. 2.5 Bill C-31 provides that a band "may assume control of its own membership if it establishes membership rules for itself in writing". It is submitted, however, that few bands were able to obtain approval of their own rules before 28 June 1987, the deadline established by Bill C-31. The net effect has been that persons -who left the reserves before 1985, together with most of their children, have been reinstated upon request, and that all children born out of interracial marriages after 1985 have been, or will t>e, deleted from band lists. Complaint 3.1 The authors submit that two aspects of Bill C-31 affect them adversely: bringing in new band members whom the community cannot house or support, and imposing new standards for Indian status which will operate to deprive many of the authors' children and grandchildren of their Band membership and right to live on the reserve. The net result on the Band is a gain of nine persons, in terms of Indian status, and a loss of two. In addition, since the Band's proposed membership rules were not approved by the Minister before 28 June 1987, all persons acquiring the legal status of Indians are entitled to band membership. Another problem arises with respect to children born after 17 April 1985, since they may acquire such status only if they have two Indian parents. The continued application of Bill C-31 will have an -359-

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