2. Women's Perspectives - Christian Aboriginal Infrastructure ...
2. Women's Perspectives - Christian Aboriginal Infrastructure ... 2. Women's Perspectives - Christian Aboriginal Infrastructure ...
64 Indian Act, R.S.C. 1985, c. I-5, s. 10. 65 Indian Act, s. 2(1). This definition may be affected by the outcome of the appeal in the case Corbiere v. Canada (cited in note 45). 66 This may also be affected by the outcome of the appeal in Corbiere v. Canada. 67 Clatworthy and Smith, "Population Implications" (cited in note 63), p. 20. The authors note in this context that "one motivation for passing a code was to exclude from membership a portion of the C-31 registrant population". 68 In the Indian Act of 1985, section 77(1) contains the band council election requirement that electors be "ordinarily resident on the reserve". 69 Bill C-31 Summary Report (cited in note 46), p. iv. 70 Bill C-31 Summary Report, pp. 24-25, 43. 71 The Congress of Aboriginal Peoples drew attention to this problem in early 1985. They proposed that the codes be published in the Canada Gazette or in a special Aboriginal Gazette, and had their views tabled at an intergovernmental meeting in Quebec City. See Congress of Aboriginal Peoples, "A National Aboriginal Registry", Document: 830-507/009 tabled at the Federal-Provincial-Territorial Meeting of Ministers Responsible for Native Affairs and Leaders of National Aboriginal Organizations (Quebec City, 17-18 May 1994). 72 According to information received from the federal justice department, about a dozen cases concerning Bill C-31 and its impact are under litigation. 73 Sawridge Band (cited in note 32), p. 127. At time of writing, an appeal had been filed. 74 Clatworthy and Smith, "Population Implications" (cited in note 63), pp. 18-19. 75 According to Clatworthy and Smith, "Population Implications", p. vii, restrictive membership codes will have the following impact: While the registered Indian population is likely to increase for perhaps two generations, it will eventually begin to decrease. In our view the issue is not whether this will occur, but when and how quickly. Estimates of the rate of future out-marriage (or Indian to non- Indian parenting) are the critical factor. If we assume that the current rate (34 per cent) will increase by 10 percentage points over the next 40 years, then the beginning of Indian population decline is 50 years, or two generations, into the future. Membership declines under two-parent [membership] codes begin within a generation. 96
76 Subsection 10(2) of Bill C-31 states that a band "may---provide for a mechanism for reviewing decisions on membership". It is generally accepted that the word "may" is permissive and not mandatory in the context in which it is used. 77 The examples presented are drawn from Clatworthy and Smith, "Population Implications" (cited in note 63), pp. 54-72. 78 Bill C-31 Summary Report (cited in note 46), pp. 15-16. Respondents were asked to think back to when they first applied for registration/restoration and to state why it was important for them to apply. All comments were recorded. The reasons most often cited related to personal identity (41 per cent); 21 per cent referred to culture or a sense of belonging. A total of 17 per cent of registrants gave the correction of injustice as a reason, while 7 per cent referred to aboriginal rights---. Respondents over 25 years of age were more likely than younger registrants to refer to cultural and personal identity and the need to correct injustice as reasons for applying for status. Younger registrants expressed more interest in educational benefits and were more apt to report that their families applied for status or asked them to do so. 79 Bill C-31 Summary Report, pp. 27-28. 80 B.C. Native Women's Society, "Aboriginal Women and Divorce", brief submitted to RCAP (1993), p. 11. 81 Derrickson v. Derrickson, [1986] 1 S.C.R. 285. 82 B.C. Native Women's Society, "Aboriginal Women and Divorce", p. 12. 83 Clatworthy and Smith (cited in note 63). 84 Anduhyaun, "Our Role in Creating the Future Aboriginal Women Want", brief submitted to RCAP (1992), pp. 2-3. 85 Anduhyaun, "Our Role", p. 11. 86 Indigenous Women's Collective of Manitoba, "Report on the Indigenous Women's Perspective in Manitoba", brief submitted to RCAP (1993), p. 3. 87 Ontario Native Women's Association, "Breaking Free: A Proposal for Change to Aboriginal Family Violence" (Thunder Bay, Ontario, 1989). The study reported that eight out of 10 Aboriginal women had personally experienced violence. Of these women, 87 per cent had been injured physically and 57 per cent had been sexually abused. 88 RCAP, Choosing Life: A Special Report on Suicide Among Aboriginal People (Ottawa: Supply and Services, 1995), p. 16 and following. 97
- Page 39 and 40: Another problem is that the appeal
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76 Subsection 10(2) of Bill C-31 states that a band "may---provide for a mechanism for<br />
reviewing decisions on membership". It is generally accepted that the word "may" is<br />
permissive and not mandatory in the context in which it is used.<br />
77 The examples presented are drawn from Clatworthy and Smith, "Population<br />
Implications" (cited in note 63), pp. 54-7<strong>2.</strong><br />
78 Bill C-31 Summary Report (cited in note 46), pp. 15-16. Respondents were asked to<br />
think back to when they first applied for registration/restoration and to state why it was<br />
important for them to apply. All comments were recorded. The reasons most often cited<br />
related to personal identity (41 per cent); 21 per cent referred to culture or a sense of<br />
belonging. A total of 17 per cent of registrants gave the correction of injustice as a<br />
reason, while 7 per cent referred to aboriginal rights---.<br />
Respondents over 25 years of age were more likely than younger registrants to refer to<br />
cultural and personal identity and the need to correct injustice as reasons for applying for<br />
status. Younger registrants expressed more interest in educational benefits and were more<br />
apt to report that their families applied for status or asked them to do so.<br />
79 Bill C-31 Summary Report, pp. 27-28.<br />
80 B.C. Native <strong>Women's</strong> Society, "<strong>Aboriginal</strong> Women and Divorce", brief submitted to<br />
RCAP (1993), p. 11.<br />
81 Derrickson v. Derrickson, [1986] 1 S.C.R. 285.<br />
82 B.C. Native <strong>Women's</strong> Society, "<strong>Aboriginal</strong> Women and Divorce", p. 1<strong>2.</strong><br />
83 Clatworthy and Smith (cited in note 63).<br />
84 Anduhyaun, "Our Role in Creating the Future <strong>Aboriginal</strong> Women Want", brief<br />
submitted to RCAP (1992), pp. 2-3.<br />
85 Anduhyaun, "Our Role", p. 11.<br />
86 Indigenous <strong>Women's</strong> Collective of Manitoba, "Report on the Indigenous <strong>Women's</strong><br />
Perspective in Manitoba", brief submitted to RCAP (1993), p. 3.<br />
87 Ontario Native <strong>Women's</strong> Association, "Breaking Free: A Proposal for Change to<br />
<strong>Aboriginal</strong> Family Violence" (Thunder Bay, Ontario, 1989). The study reported that eight<br />
out of 10 <strong>Aboriginal</strong> women had personally experienced violence. Of these women, 87<br />
per cent had been injured physically and 57 per cent had been sexually abused.<br />
88 RCAP, Choosing Life: A Special Report on Suicide Among <strong>Aboriginal</strong> People<br />
(Ottawa: Supply and Services, 1995), p. 16 and following.<br />
97
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