Key

Feb 23, 2011

Bill C-3 passes, now what?

The Gender Equity in Indian Registration Act (Bill C-3) came into effect on January 31, 2011. The goal of Bill C-3 is, as the title states, to remedy the gender discrimination caused by the Indian Act.
 
The bill grants status to eligible grand-children of women who lost status as a result of marrying non-Indian men.
 
The key criteria are:
 
- Did your grandmother lose her Indian status as a result of marrying a non-Indian?
 
- Is one of your parents registered, or entitled to be registered, under sub-section 6(2) of the Indian Act?
 
- Were you, or one of your siblings, born on or after September 4, 1951?
 
The bill doesn’t address all gender discrimination as this article on Rabble notes:
 
“Grandchildren who trace their Aboriginal descent through the maternal line will continue to be denied status if they were born prior to September 4, 1951. And yet grandchildren who trace their Aboriginal descent through the male line will not.
 
Further, by proposing only to correct sex discrimination against the grandchildren of women who lost status by marrying out, Bill C-3 would continue to exclude grandchildren who are descended from status Indian women who had children with non-status men in common-law unions. It would also continue the exclusion of female children and grandchildren of status Indian men who partnered with non-status women in common-law unions. Male children and grandchildren of status Indian fathers who co-parented with non-status women in common-law unions will have status.”
 
While the bill is a welcome step in acknowledging the inequality in the Indian Act, it is problematic to categorize identity. Categories create barriers and effect how we view each other on an individual level. Status Indian, C-31, C-3 does one have more worth than the other? The upside to the new bill is that it is sparking a debate about Native identity, citizenship and membership across Canada.

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