2. Women's Perspectives - Christian Aboriginal Infrastructure ...

Secondly — All persons intermarried with such Indians and residing amongst them, and
the descendants of all such persons:
Thirdly — All persons residing among such Indians, whose parents on either side were or
are Indians of such Body or Tribe, or entitled to be considered as such: And
Fourthly — All persons adopted in infancy by such Indians, and residing in the village or
upon the lands of such Tribe or Body of Indians, and their descendants:
Parallel legislation in Upper Canada, An Act for the protection of the Indians in Upper
Canada from imposition, and the property occupied or enjoyed by them from trespass and
injury, S. Prov. C. 1850, c. 74, s.10 simply noted that the act applied to "Indians and
those who may be intermarried with Indians---."
16 An Act to repeal in part and to amend an Act, intituled, An Act for the better
protection of the Lands and property of the Indians of Lower Canada, S. Prov. C. 1851, c.
59, s. 2 stated that the following persons and classes of persons, and none other, shall be
considered as Indians---.
Firstly. All persons of Indian blood, reputed to belong to the particular Tribe or Body of
Indians interested in such lands or immoveable property, and their descendants:
Secondly. All persons residing among such Indians, whose parents were or are, or either
of them was or is, descended on either side from Indians or an Indian reputed to belong to
the particular Tribe or Body of Indians interested in such lands or immoveable property,
and the descendants of all such persons: And
Thirdly. All women, now or hereafter to be lawfully married to any of the persons
inclueded in the several classes hereinbefore designated; the children issue of such
marriages, and their descendants.
17 S. Prov. C. 1857, c. 26.
18 Department of Indian Affairs and Northern Development [hereafter DIAND],
Identification and Registration of Indian and Inuit People (Ottawa: 1993).
19 Sally Weaver, "First Nations Women and Government Policy 1970-92:
Discrimination and Conflict", in Changing Patterns: Women in Canada, 2nd edition, ed.
Sandra Burt, Lorraine Code and Lindsay Dorney (Toronto: McClelland and Stewart,
1993), p. 98. Weaver notes in this regard:
Traditionally, the predominant principle of descent among the tribes was bilateral —
meaning that descent was traced equally through both the mother's and the father's
relatives. Next most common was matrilineal descent, the tracing of descent through the
female line. Patrilineal descent was much less common.
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