CEDAW/C/81/D/68/2014
section 6 (1), which left them unable to freely transmit their status to their own
children, as a direct result of the disenfranchisement of their maternal ancestor.
Canada had chosen to take a piecemeal approach to amending the discriminatory
provisions, motivated only through numerous legal challenges, rather than to end the
discrimination completely;
(h) British Columbia Civil Liberties Association, which submitted that the
sex-based discrimination perpetuated by the Indian Act was antithetical to gender
equality and dated back to 1850, when an “Indian” was legally defined as a male
person of Indian blood. Today, Bill S-3 remained discriminatory.
15.5 The author submits that it is abnormal that the State party’s legislation
determines who merits to belong, or not, to an indigenous people. The author’s
ancestor, Chief Thomas Chilihtin of Cheakamus, was one of 16 leaders who, in 1921,
amalgamated 16 indigenous communities into what is now the Squamish Nation.
Prior to that, all of the communities faced immense pressures, given that their
ancestral territories were surrounded by non-indigenous people acquiring their land
and in the middle of rapid development. The Chief presented to the Royal
Commission in North Vancouver, on behalf of the Squamish Nation, his prediction on
the loss of their culture, stating that: “When the white man came, he was allowed to
go where he pleased to hunt, trap or fish. Then our troubles began. The white man
thought we ate too much fish and passed laws to prevent our people fishing, except
for a short time each year.” The author submits that, still in 2020, the State party takes
a similar approach through its policies that have banished and removed indigenous
women, their children and their descendants from their communities, due to historical
and current discrimination.
State party’s additional submission
16.1 On 5 February 2021, the State party reiterated its position that sex-based
inequities had been eliminated from the legislation.
16.2 The State party acknowledges that, according to the Department of Indigenous
Services, the new cut-off date will likely require legislative changes.
Issues and proceedings before the Committee
Consideration of admissibility
17.1 In accordance with rule 64 of its rules of procedure, the Committee must decide
whether the communication is admissible under the Optional Protocol. Pursuant to
rule 72 (4) of the Committee’s rules of procedure, it is to do so before considering the
merits of the communication.
17.2 In accordance with article 4 (2) (a) of the Optional Protocol, the Committee is
satisfied that the same matter has not been and is not being examined under another
procedure of international investigation or settlement.
17.3 The Committee takes note of the State party’s argument that the communication
should be declared inadmissible under article 2 of the Optional Protocol, because, as
a man, the author cannot claim to be a victim. The Committee also takes note of the
author’s contentions that article 2 of the Optional Protocol does not require
individuals submitting a communication and claiming to be victims of gender -based
discrimination to be women, that the author and his children are victims because they
are matrilineal indigenous descendants and that the State party discriminates against
indigenous women and their descendants under the Indian Act. The Committee recalls
that article 2 of the Optional Protocol establishes that communications may be
submitted by or on behalf of “individuals”, without limiting the victim status to
“women”. The Committee notes that the author claims, on his own behalf and on
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