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
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