Download or read book Bill C 31 and First Nation Membership written by Michelle M. Mann and published by . This book was released on 2006 with total page 80 pages. Available in PDF, EPUB and Kindle. Book excerpt: "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.
Download or read book Indigenous Writes written by Chelsea Vowel and published by Portage & Main Press. This book was released on 2016-08-02 with total page 307 pages. Available in PDF, EPUB and Kindle. Book excerpt: Delgamuukw. Sixties Scoop. Bill C-31. Blood quantum. Appropriation. Two-Spirit. Tsilhqot’in. Status. TRC. RCAP. FNPOA. Pass and permit. Numbered Treaties. Terra nullius. The Great Peace… Are you familiar with the terms listed above? In Indigenous Writes, Chelsea Vowel, legal scholar, teacher, and intellectual, opens an important dialogue about these (and more) concepts and the wider social beliefs associated with the relationship between Indigenous peoples and Canada. In 31 essays, Chelsea explores the Indigenous experience from the time of contact to the present, through five categories—Terminology of Relationships; Culture and Identity; Myth-Busting; State Violence; and Land, Learning, Law, and Treaties. She answers the questions that many people have on these topics to spark further conversations at home, in the classroom, and in the larger community. Indigenous Writes is one title in The Debwe Series.
Download or read book First Nations Women Governance and the Indian Act written by Judith F. Sayers and published by . This book was released on 2001 with total page 180 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Beyond Blood written by Pamela D. Palmater and published by UBC Press. This book was released on 2011-05-13 with total page 281 pages. Available in PDF, EPUB and Kindle. Book excerpt: The current Status criteria of the Indian Act contains descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants, which author Pamela Palmater argues will lead to the extinguishment of First Nations as legal and constitutional entities. Beginning with an historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Indigenous identity, Aboriginal rights, and the Canadian Charter of Rights and Freedoms. Palmater also examines band membership codes to determine if their reliance on status criteria perpetuates discrimination. She offers changes for determining Indigenous identity and citizenship and argues that First Nations must determine citizenship themselves.
Download or read book Aboriginal Conditions written by Jerry P. White and published by UBC Press. This book was released on 2011-11-01 with total page 314 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book The Drive for Citizenship written by John T. Ward and published by . This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book 21 Things You May Not Know about the Indian Act written by Bob Joseph and published by Indigenous Relations Press. This book was released on 2018-04-10 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt: Based on a viral article, 21 Things You May Not Know About the Indian Act is the essential guide to understanding the legal document and its repercussion on generations of Indigenous Peoples, written by a leading cultural sensitivity trainer.Since its creation in 1876, the Indian Act has shaped, controlled, and constrained the lives and opportunities of Indigenous Peoples, and is at the root of many enduring stereotypes. Bob Joseph's book comes at a key time in the reconciliation process, when awareness from both Indigenous and non-Indigenous communities is at a crescendo. Joseph explains how Indigenous Peoples can step out from under the Indian Act and return to self-government, self-determination, and self-reliance--and why doing so would result in a better country for every Canadian. He dissects the complex issues around truth and reconciliation, and clearly demonstrates why learning about the Indian Act's cruel, enduring legacy is essential for the country to move toward true reconciliation.
Download or read book Assembly of First Nations Positions on the 1985 Indian Act Amendments Or Bill C 31 written by Assembly of First Nations and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Perils of Identity written by Caroline Dick and published by UBC Press. This book was released on 2011-11-15 with total page 262 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Aboriginal Peoples and Forest Lands in Canada written by D.B. Tindall and published by UBC Press. This book was released on 2013-02-11 with total page 366 pages. Available in PDF, EPUB and Kindle. Book excerpt: Aboriginal people in Canada have long struggled to regain control over their traditional forest lands. Aboriginal Peoples and Forest Lands in Canada brings together the diverse perspectives of Aboriginals and non-Aboriginals to address the political, cultural, environmental, and economic implications of forest use. This book discusses the need for professionals working in forestry and conservation to understand the context of Aboriginal participation in resource management. It also addresses the importance of researching traditional knowledge and traditional land use and examines the development of co-management initiatives and joint ventures between government, forestry companies, and Aboriginal communities.
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Elder Brother and the Law of the People written by Robert Alexander Innes and published by Univ. of Manitoba Press. This book was released on 2013-11-30 with total page 347 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the pre-reserve era, Aboriginal bands in the northern plains were relatively small multicultural communities that actively maintained fluid and inclusive membership through traditional kinship practices. These practices were governed by the Law of the People as described in the traditional stories of Wîsashkêcâhk, or Elder Brother, that outlined social interaction, marriage, adoption, and kinship roles and responsibilities.In Elder Brother and the Law of the People, Robert Innes offers a detailed analysis of the role of Elder Brother stories in historical and contemporary kinship practices in Cowessess First Nation, located in southeastern Saskatchewan. He reveals how these tradition-inspired practices act to undermine legal and scholarly definitions of “Indian” and counter the perception that First Nations people have internalized such classifications. He presents Cowessess’s successful negotiation of the 1996 Treaty Land Agreement and their high inclusion rate of new “Bill-C31s” as evidence of the persistence of historical kinship values and their continuing role as the central unifying factor for band membership.Elder Brother and the Law of the People presents an entirely new way of viewing Aboriginal cultural identity on the northern plains.
Download or read book Settlement Subsistence and Change Among the Labrador Inuit written by Andrea H. Procter and published by Univ. of Manitoba Press. This book was released on 2012 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: "On January 22, 2005, Inuit from communities throughout northern and central Labrador gathered in a school gymnasium to witness the signing of the Labrador Inuit Land Claim Agreement and to celebrate the long-awaited creation of their own regional self-government of Nunatsiavut. This historic Agreement defined the Labrador Inuit settlement area, beneficiary enrollment criteria, and Inuit governance and ownership rights.
Download or read book Tribal Constitutionalism written by Kirsty Gover and published by OUP Oxford. This book was released on 2010 with total page 300 pages. Available in PDF, EPUB and Kindle. Book excerpt: Recognized tribes are increasingly prominent players in settler state governance, but in the wide-ranging debates about tribal self-governance, little has been said about tribal self-constitution. Who are the members of tribes, and how are they chosen? Tribes in Canada, Australia, New Zealand and the United States are now obliged to adopt written constitutions as a condition of recognition, and to specify the criteria used to select members. Tribal Constitutionalism presents findings from a comparative study of nearly eight hundred current and historic tribal constitutions, most of which are not in the public domain. Kirsty Gover examines the strategies adopted by tribes and states to deal with the new legal distinction between indigenous people (defined by settler governments) and tribal members (defined by tribal governments). She highlights the important fact that the two categories are imperfectly aligned. Many indigenous persons are not tribal members, and some tribal members are not legally indigenous. Should legal indigenous status be limited to persons enrolled in recognized tribes? What is to be done about the large and growing proportion of indigenous peoples who are not enrolled in a tribe, and do not live near their tribal territories? This book approaches these complex questions head-on. Using tribal membership criteria as a starting point, this book provides a critical analysis of current political and sociolegal theories of tribalism and indigeneity, and draws on legal doctrine, policy, demographic data and tribal practice to provide a comparative evaluation of tribal membership governance in the western settler states.
Download or read book From Recognition to Reconciliation written by Patrick Macklem and published by University of Toronto Press. This book was released on 2016-04-06 with total page 496 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Disinherited Generations written by Nellie Carlson and published by University of Alberta. This book was released on 2013-07-03 with total page 217 pages. Available in PDF, EPUB and Kindle. Book excerpt: Two Cree women fought injustices regarding the rights of Aboriginal women and children in Canada.
Download or read book Final Report of the Truth and Reconciliation Commission of Canada Volume One Summary written by Truth and Reconciliation Commission of Canada and published by James Lorimer & Company. This book was released on 2015-07-22 with total page 673 pages. Available in PDF, EPUB and Kindle. Book excerpt: This is the Final Report of Canada's Truth and Reconciliation Commission and its six-year investigation of the residential school system for Aboriginal youth and the legacy of these schools. This report, the summary volume, includes the history of residential schools, the legacy of that school system, and the full text of the Commission's 94 recommendations for action to address that legacy. This report lays bare a part of Canada's history that until recently was little-known to most non-Aboriginal Canadians. The Commission discusses the logic of the colonization of Canada's territories, and why and how policy and practice developed to end the existence of distinct societies of Aboriginal peoples. Using brief excerpts from the powerful testimony heard from Survivors, this report documents the residential school system which forced children into institutions where they were forbidden to speak their language, required to discard their clothing in favour of institutional wear, given inadequate food, housed in inferior and fire-prone buildings, required to work when they should have been studying, and subjected to emotional, psychological and often physical abuse. In this setting, cruel punishments were all too common, as was sexual abuse. More than 30,000 Survivors have been compensated financially by the Government of Canada for their experiences in residential schools, but the legacy of this experience is ongoing today. This report explains the links to high rates of Aboriginal children being taken from their families, abuse of drugs and alcohol, and high rates of suicide. The report documents the drastic decline in the presence of Aboriginal languages, even as Survivors and others work to maintain their distinctive cultures, traditions, and governance. The report offers 94 calls to action on the part of governments, churches, public institutions and non-Aboriginal Canadians as a path to meaningful reconciliation of Canada today with Aboriginal citizens. Even though the historical experience of residential schools constituted an act of cultural genocide by Canadian government authorities, the United Nation's declaration of the rights of aboriginal peoples and the specific recommendations of the Commission offer a path to move from apology for these events to true reconciliation that can be embraced by all Canadians.
