Michel First Nation

New York, April 27 - The Truth and Reconciliation Commission of Canada (TRC), today, proposed to the Ninth Session of the United Nations Permanent Forum on Indigenous Issues, to host an international Roundtable discussion on truth commissions within the next two years.

"We know that there are as many as 50 countries around the world that have operated, or are planning similar Commissions," said The Honourable Justice Murray Sinclair, TRC Chair. "This is an opportune time to have an international discussion on these processes so that we can share and learn about experiences of practices that work best."

Truth Commissions, generally, are established as truth seeking bodies to address past human rights violations. They are officially sanctioned temporary bodies that are victim centered. The process helps a country come to terms with its past in order to move forward.

Commissioner Chief Wilton Littlechild stated that an International Roundtable on Truth Commissions can build upon the momentum created through efforts such as the Declaration on the Rights of Indigenous Peoples.

"We acknowledge the announcements from this Permanent Forum relating to the UN Declaration. We applaud those efforts and encourage members of the UN Permanent Forum to give its full support to furthering that discussion through an International Roundtable discussion," said Chief Wilton Littlechild.

Additionally, the TRC of Canada supports efforts that are underway to see an International Declaration on a Decade of Reconciliation.

"This Declaration would be seen as a significant gesture of reconciliation among Indigenous Peoples throughout the global community," said Commissioner Marie Wilson.

The Truth and Reconciliation Commission of Canada's mandate is to inform all Canadians about what happened in Indian Residential Schools. The Commission will document the truth of survivors, families, communities and anyone personally affected by the Indian residential schools experience. The TRC will guide and inspire Indigenous Peoples and Canadians in a process of reconciliation and renewed relationships that are based on mutual understanding and respect.

Additional information on the Truth and Reconciliation Commission of Canada is available at www.trc.ca.

For further information: Rod Carleton, Media Relations, Truth and Reconciliation Commission of Canada, Tel: (613) 992-8195, Cell: (613) 325-6724, Rod.carleton@trc.ca

Ottawa, ON (April 13th, 2010)

Traditional Greetings, Acknowledge Algonquin Nation

Good afternoon, and thank you for inviting the Native Women's Association of Canada to speak to this Committee on these matters, which are crucial to Aboriginal women, their children, their families and their communities.

The Native Women's Association of Canada (NWAC) is a nationally representative political organization comprised of ten Provincial and Territorial Member Associations (PTMAs) from across this country and is dedicated to improving the social, economic, health, and political well being of First Nations, Métis and Inuit women of Canada.

Thank you for providing us with the opportunity to speak with you here today regarding our perspective on Bill C-3: Gender Equity in Indian Registration Act, which was tabled in the House of Commons on March 11, 2010.

Read More...

  On March 11, 2010, the Government of Canada introduced proposed legislation to enhance Gender Equity in the Registration Provisions of the Indian Act.

Spurred by a civil lawsuit filed by Sharon McIvor and her son Jacob Grismer, the Court of Appeal for British Columbia ruled on April 6, 2009, that the Indian Act discriminates between men and women with respect to registration as an Indian, and therefore violates the equality provision of the Canadian Charter of Rights and Freedoms. The Court gave the Government until April 6, 2010, to amend those provisions.

If enacted by Parliament, Bill C-3   will ensure that eligible grandchildren of women who lost status as a result of marrying non-Indian men will become entitled to registration (Indian status) in accordance with the Indian Act.  No one will lose their Indian status as a result of these amendments.

Written by Administrator    Friday, 12 March 2010 12:55  OTTAWA – New Democrats welcome the legislation introduced today to allow some women to pass on their Indian Status to their grandchildren but are concerned that the government has not yet provided any new funds to meet the financial impact this change will have on band councils.

“The government’s own estimates say more than 45,000 people will be added to the Indian Registry as a result of this legislation. All of those people will be eligible for the benefits that Status brings,” said Jean Crowder (Nanaimo-Cowichan) the NDP Aboriginal Affairs critic. “But we have heard nothing in the Throne Speech or saw anything in the budget about covering the costs of these additional members.”

The narrow scope of the Bill only gives the right to pass on Status to a small group of women, those who had “married out” prior to 1985. It does not deal with Status issues for children whose parents or grandparents were enfranchised, illegitimate daughters who were denied Status and the broader issue of the second-generation cut-off.

“There has to be a broader process that looks at the many issues around Status. Piecemeal changes in response to judicial orders are not the right way to deal with the inequities that arose from the Indian Act,” said Crowder. “There are whole communities, like the Michel First Nation in Alberta that lost Status in the past. We need to hear from all the stakeholders and come up with comprehensive legislation. It will take time but this is a crucial issue for First Nations in Canada.”

For full story, go to the first perspective:  http://www.firstperspective.ca/index.php/releases/159-changes-to-indian-status-without-resources-a-blow-says-ndp
For more information: Contact Jesse Brady, Press Secretary 613-720-6400

Last Updated: Wednesday, March 10, 2010 | 2:44 PM MT CBC News
More than 45,000 Canadians could be recognized as status Indians under changes the federal government plans to make to the Indian Act, CBC News has learned.  The changes come after Ottawa lost a court challenge addressing the different ways that men and women are treated when it comes to Indian status under the Indian Act.

In 1985, Ottawa changed the rules for women who married non-natives. They would retain their status, as would their children, but not their grandchildren.  But the rules are different for Indian men. They and their descendants keep their status when they marry non-native women.
Last year's court decision has prompted the government to extend Indian status for one more generation. This means grandchildren of such a union will now have native status, but not great-grandchildren.

Carol Scott, whose grandmother was a status Indian, said her grandmother lost that recognition when she married a non-aboriginal man.
The marriage meant that her grandmother and her children couldn't live on reserve and were denied health and education benefits.  But Scott, who's from Manitoba, said that it's more an issue of identity. "It's almost like you're lost, you're in limbo. You don't know where you belong anymore. And that's so important to belong," she said.  Scott said the government's amendment is as good start.  "We want what belongs to us. It's our birthright. I'm an aboriginal person, I'm proud of it and I want my son to be proud of it, too."  Scott wants the proposed amendments extended so her son will be eligible to become a status Indian as well.

Wanda Wuttnee, who heads the native studies department at the University of Manitoba, said that she's in the same situation as Scott and that the government needs to go further.  "They haven't corrected it yet with this decision. It didn't remove the barriers. My children cannot pass status to their children. So yes, there's still a problem."

Shawn Atleo, the head of the Assembly of First Nations, said it's a question of who has the right to define citizenship.  "And so here we are again with potentially the federal government acting in isolation and unilaterally in defining who is or who isn't a member of a community when it really rightfully belongs to the indigenous nations to do so."  But Atleo said he welcomes any changes that make the rules fairer for aboriginal women and their descendants.

With files from Karen Pauls

"We (Canada) also have no history of colonialism."

Prime Minister Stephen Harper
Speaking at the G20 Summit in Pittsburgh, PA
September 25, 2009

Colonialism: the control or governing influence of a nation over a dependent country, territory, or people; the system or policy by which a nation maintains or advocates such control or influence.

OTTAWA, Oct. 1 - First Nation leaders and a chorus of Canadians find the Prime Minister's comments that there is "no history of colonialism" in Canada shocking, confounding and wrong.
AFN National Chief Atleo today stated:

"The Prime Minister must be held to the highest standard especially when speaking to the international community. There is no room for error. The current line of response from federal officials that the Prime Minister's remarks were taken 'out of context' is simply not good enough for someone in his position.

I have spoken with the Minister of Indian Affairs and urged him and the Prime Minister to meet with First Nations in good faith to address this matter and, equally important, begin the work of reconciliation that lies ahead. The Prime Minister stated in his apology to students of residential schools that, 'There is no place in Canada for the attitudes that inspired the Indian Residential Schools system to ever prevail again.' The Prime Minister must ensure that such commitments inform every statement and action.

The effects of colonialism remain today. It is the attitude that fueled the residential schools; the colonial Indian Act that displaces traditional forms of First Nations governance; the theft of Indian lands and forced relocations of First Nations communities; the criminalization and suppression of First Nations languages and cultural practices; the chronic under-funding of First Nations communities and programs; and the denial of Treaty and Aboriginal rights, even though they are recognized in Canada's Constitution.

Internationally, Canada has been scrutinized and harshly criticized for its treatment of Indigenous peoples and failure to respect Aboriginal and Treaty rights. Canada is increasingly isolated as one of only three nations in the world that has refused to sign the United Nations Declaration on the Rights of Indigenous Peoples, a document that rejects the doctrine of colonialism.

The Prime Minister's statement speaks to the need for greater public education about First Nations and Canadian history. It may be possible to use this moment to begin bridging this gulf of misunderstanding. The future cannot be built without due regard to the past, without reconciling the incredible harm and injustice with a genuine commitment to move forward in truth and respect.

First Nations leaders and Canadians call on the Prime Minister to honour the apology and to make clear the path to reconciliation."

National Chief Shawn Atleo
Assembly of First Nations
The Assembly of First Nations is the national organization representing First Nations citizens in Canada.
For further information: Interview requests for AFN National Chief Atleo should be directed to: media[at]afn.ca; Robert Simpson, (778) 991-1407; Chantelle Krish, (778) 990-9544

Darcy Henton, Edmonton Journal Published: Wednesday, September 30, 2009

A provincial court judge has dismissed illegal hunting charges against an Alberta Metis hunter who declined to produce genealogical records to provincial wildlife officers to prove his ancestry.

Judge Brian Hougestol said in a ruling released Tuesday that moose hunter Dion Lizotte proved his ancestry when he showed officers a card that identified him as a member of the Paddle Prairie Metis Settlement, and no further proof is required.

Lizotte, a 33-year-old father of four, was charged after he shot a large bull moose on Sept. 21, 2007, in the Nailor Hills, about 70 kilometres south of Paddle Prairie, Alberta's most northerly Metis settlement.
He argued at the trial in Peace River provincial court that membership in a designated Metis settlement is proof enought and that the 6,000 members of Alberta's eight Metis settlements should not be charged as long as they have their membership cards.

"I'm a fifth-generation Metis living on the setlement," he said at the time  "We shouldn't have to go through this."  Lizotte, who sits on his settlement's governing council, said Tuesday some residents of his community, north of Fort McMurray, were fearful of hunting off the settlement after he was charged and a moose he shot was seized. 

"I feel a lot better that I don't have to be scared to feed my family anymore" he said  But he said the case should never have been taken to court.  "We're a land-based Metis settlement.  This should have been negotiated at the table rather than in court.  It would have saved a lot of people a lot of money."

A letter from Indian and Northern Affairs Minister Strahl was received recently.  The letter acknowledged receipt of a letter sent by Chief Callihoo August 10th.  Although Minister Strahl is unable to meet with Chief Callihoo - "Mr. Roy Gray, Director, Special Legislative Initiative, would be pleased to meet with you on behalf of the department" the letter states.    

 The Indian Act defines eligibility for Indian Status (i.e. Registered Indians). The Indian Register is the official record identifying all Status Indians in Canada.

Over the years, there have been many changes to the rules for deciding who is eligible for registration. Important changes were made to the Indian Act in 1985, when Parliament passed Bill C-31. These changes were intended to remove parts of earlier legislation that discriminated against women. The changes also gave First Nations the opportunity to control their own membership.

In April 2009, the Court of Appeal for British Columbia ruled in the case of McIvor v. Canada that certain registration provisions of the Indian Act are unconstitutional as they violate the equality provision of the Charter of Rights and Freedoms. The Court suspended its declaration of invalidity for 12 months - to April 6, 2010 - to give Parliament time to amend the Indian Act.

In order to comply with the Court of Appeal's decision and to avoid a legislative void in British Columbia, the Government of Canada is moving forward with a legislative process to amend the registration provisions of the Indian Act.

Over the late summer and early fall of 2009, INAC will seek feedback on proposed changes to the registration provisions of the Indian Act. A discussion paper has been developed to explain how the federal government intends to move forward following the McIvor decision and to invite views on the approach. It is possible to participate in the process by sending your comments before November 13, 2009 to:

Special Legislative Initiative
Resolution and Individual Affairs
Indian and Northern Affairs
18th Floor, 10 Wellington Street
Gatineau, QC K1A 0H4
Fax: 1-866-817-3977
Email: mls-sli@ainc-inac.gc.ca

Additonal Information:

• Frequently Asked Questions - Engagement Process - Amendments to the registration provisions of the Indian Act As per the Court of Appeal for British Columbia's decision in the Sharon McIvor litigation
  
• Court of Appeal for British Columbia's judgment