Bill C 31 And First Nation Membership
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Bill C 31 And First Nation Membership
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Author : Michelle M. Mann
language : en
Publisher:
Release Date : 2006
Bill C 31 And First Nation Membership written by Michelle M. Mann and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2006 with categories.
"The ramifications of Bill C-31 changes to the Indian Act in 1985 have been the source of numerous legal and policy challenges primarily involving Indian registration and band membership issues. Bill C-31 was intended to bring the Indian Act into conformity with the gender equality rights provided under s. 15 of the Canadian Charter of Rights and Freedoms and s. 35(4) of the Constitution Act, 1982. It was intended to address gender discrimination arising from previous provisions of the Indian Act, which stipulated that an Indian woman, who married a non-Indian man, lost her Indian registration, as did their children"--Introduction, p. 3.
A Select And Annotated Bibliography Regarding Bill C 31 Indian Registration And Band Membership Aboriginal Identity Women And Gender Issues
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Author :
language : en
Publisher:
Release Date : 2005
A Select And Annotated Bibliography Regarding Bill C 31 Indian Registration And Band Membership Aboriginal Identity Women And Gender Issues written by and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2005 with Electronic books categories.
The Drive For Citizenship
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Author : John T. Ward
language : en
Publisher:
Release Date : 2009
The Drive For Citizenship written by John T. Ward and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2009 with categories.
Bill C-31, an Act to Amend the Indian Act, was passed by the Canadian Parliament on June 28, 1985. It was intended to bring the Indian Act into line with the provisions of the Canadian Charter of Rights and Freedoms, in part by allowing the reinstatement of Indian Status to women who had lost it after marrying non-Aboriginal or non-Status men. It followed from the efforts of Native women Jeannette Lavell and Sandra Lovelace in court appeals over sexual discrimination in the Indian Act. Yet there were many negative reactions to the bill. Bill C-31 introduced rules governing who could be registered as "Indian." It also contained new rules with respect to children born on or after April 17, 1985. This paper argues that these rules discriminate against children with one parent who is not recognized as "Indian" under the new rules. The primary purpose of the bill was to allow Aboriginal people to create their own criteria for managing the membership of bands. However, it caused a number of conflicts and failed to produce the results Aboriginal community hoped for. There were concerns about the increase in the Aboriginal population as people returned to reserves and inadequate funding to meet the needs arising from such population growth. Many Native persons viewed the bill as a mechanism for assimilation and argued that they should have sole responsibility over the regulation of their own memberships. Recent research on Bill C-31 is limited, in that many authors ignore the personal experiences of those who helped create and were affected by the legislation. For the most part, the literature tends to stress the growth of the Native population following the bill's implementation. A more thorough analysis would yield a greater understanding of the bill's impact on First Nations rights and self-determination. This thesis will incorporate an array of primary sources, including summary reports, scholarly studies, statistics, interviews and personal commentaries. An analysis of secondary sources will also reveal the current state of research on the topic, and show how this thesis provides a new perspective by considering matrimonial real property, blood quantum, court cases and legal Status.
Bill C 31 Equality Or Disparity
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Author : Canadian Advisory Council on the Status of Women
language : en
Publisher:
Release Date : 1987
Bill C 31 Equality Or Disparity written by Canadian Advisory Council on the Status of Women and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1987 with Indian women categories.
Background paper examines how Bill C-31 (an Act to amend the Indian Act) will affect Indian women in Canada. Focusses on the issue of legal Indian status.
Indian Status And Band Membership Issues
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Author : Furi Megan
language : en
Publisher:
Release Date : 2003
Indian Status And Band Membership Issues written by Furi Megan and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2003 with Indians of North America categories.
Aboriginal Conditions
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Author : Jerry P. White
language : en
Publisher: UBC Press
Release Date : 2011-11-01
Aboriginal Conditions written by Jerry P. White and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-01 with History categories.
Aimed at three main constituencies - Aboriginal and non-Aboriginal social scientists, government and Aboriginal policymakers, and Aboriginal communities - the book has multiple purposes. First, it presents findings from recent research, with the goal of advancing research agenda, and stimulating positive social development. Second, it encourages greater links between the social scientific and external research communities and demonstrates the kind of research needed as a foundation for public policy. Finally, it acts as a guide to research methods for Aboriginal communities and organizations, and promotes cooperation between researchers and Aboriginal peoples in an effort to ensure that research decisions serve both groups equally. A vital addition to public policy and Native studies, Aboriginal Conditions will be welcomed by social scientists, policymakers, and academics working in these fields.
Assembly Of First Nations Positions On The 1985 Indian Act Amendments Or Bill C 31
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Author : Assembly of First Nations
language : en
Publisher:
Release Date : 1988
Assembly Of First Nations Positions On The 1985 Indian Act Amendments Or Bill C 31 written by Assembly of First Nations and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 1988 with Indians of North America categories.
The Perils Of Identity
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Author : Caroline Dick
language : en
Publisher: UBC Press
Release Date : 2011-11-15
The Perils Of Identity written by Caroline Dick and has been published by UBC Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2011-11-15 with Social Science categories.
Calls for the provision of group rights are a common part of politics in Canada. Many liberal theorists consider identity claims a necessary condition of equality, but do these claims do more harm than good? To answer this question, Caroline Dick engages in a critical analysis of liberal identity-driven theories and their application in cases such as Sawridge Band v. Canada, which sets a First Nation’s right to self-determination against indigenous women’s right to equality. She contrasts Charles Taylor’s theory of identity recognition, Will Kymlicka’s cultural theory of minority rights, and Avigail Eisenberg’s theory of identity-related interests with an alternative rights framework that account for both group and in-group differences. Dick concludes that the problem is not the concept of identity itself but the way in which prevailing conceptions of identity and group rights obscure intragroup differences. Instead, she proposes a politics of intragroup difference that has the power to transform rights discourse in Canada.
First Nations Women Governance And The Indian Act
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Author : Judith F. Sayers
language : en
Publisher:
Release Date : 2001
First Nations Women Governance And The Indian Act written by Judith F. Sayers and has been published by this book supported file pdf, txt, epub, kindle and other format this book has been release on 2001 with Law categories.
The first paper in this compilation is a review of the literature on First Nations women and self-government. It covers the following subject areas: traditional roles of First Nations women, the impact of colonization on those women, male leadership, contemporary First Nations women & sexual equality, and contemporary First Nations women & self-government. It also provides some legislative options, draft policies, recommendations, and general discussion of good governance from a First Nations women's perspective. The second paper addresses two questions: can & should the Indian Act be amended to provide for more equitable governing powers between First Nations women & men, and if amendments are desired, how can new regulations & policy improve the political participation of First Nations women. The questions are approached by investigating the responses of Lake Babine First Nation women to such questions and comparing this information with published analyses of women and First Nations governance. The final paper examines the history & rationale for the section 67 exemption of Indian Act matters from the Canadian Human Rights Act in the context of First Nations women's equality interests in governance. It reviews barriers to full realization of First Nations women's equality rights, particularly issues relating to Indian status & the band membership entitlement system, and decision-making by Indian Act band councils that reflects the arbitrary legal distinctions made in the Act.
From Recognition To Reconciliation
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Author : Patrick Macklem
language : en
Publisher: University of Toronto Press
Release Date : 2016-04-06
From Recognition To Reconciliation written by Patrick Macklem and has been published by University of Toronto Press this book supported file pdf, txt, epub, kindle and other format this book has been release on 2016-04-06 with Law categories.
More than thirty years ago, section 35 of the Constitution Act recognized and affirmed “the existing aboriginal and treaty rights of the aboriginal peoples of Canada.” Hailed at the time as a watershed moment in the legal and political relationship between Indigenous peoples and settler societies in Canada, the constitutional entrenchment of Aboriginal and treaty rights has proven to be only the beginning of the long and complicated process of giving meaning to that constitutional recognition. In From Recognition to Reconciliation, twenty leading scholars reflect on the continuing transformation of the constitutional relationship between Indigenous peoples and the Canadian state. The book features essays on themes such as the role of sovereignty in constitutional jurisprudence, the diversity of methodologies at play in these legal and political questions, and connections between the Canadian constitutional experience and developments elsewhere in the world.