OTTAWA, Oct. 6 /CNW Telbec/ - AFN National Chief Phil Fontaine and AFN
Women's Council Chair, Kathleen McHugh are calling on women across Canada to
celebrate First Nations Women's Day by making donations to support, "one of
the longest standing and important human rights cases in Canadian history."
McIvor's case, which will be heard by the BC Court of Appeal on October,
14th, 2008, could restore the right to Indian Status to more than 30,000 First
Nations women and children. Thousands of First Nations women and their
children do not have the legal right to vote in band elections or to own or
inherit property on reserve because of a clause in the Indian Act that
continues to discriminate against First Nations women by removing their
ability to pass Indian Status onto their children. The clause has existed in
varying forms in the Indian Act since 1869.
Sharon McIvor, a descendant of the Lower Nicola Valley band, first
launched her case in 1989, hoping to win Indian Status for her own children.
Shortly before her case reached the courts in 2006, the federal government
agreed to restore status to McIvor's children.
"Sharon could have dropped the case at that point, once her own children
were granted their rights. Instead she pushed forward on behalf of all First
Nations women and children," says AFN Women's Council Chair, Kathleen McHugh.
"She is a true champion and heroine."
McIvor has had trouble funding the case since October 2006, when the
federal government cancelled the Court Challenges program. The government's
decision came just after McIvor won her preliminary case in the B.C. Supreme
Court, and just before the government decided to appeal her victory. The AFN
Women's Council has led several fund-raising events among chiefs to support
"This is not only a First Nations issue, and it is not only a woman's
issue. It's an issue of fairness and human rights that I believe all Canadians
care about. Our preference always is to negotiate rather than litigate to
achieve resolution. However, by choosing litigation the federal government
denies our peoples the full expression of our fundamental human rights," said
AFN National Chief Phil Fontaine.
Donations to McIvor's case can be made by contacting the AFN Women's
October 6th was declared First Nations Women's Day following a resolution
by chiefs at AFN's Annual General Assembly in July 2005 as part of Women's
The AFN Women's Council ensures the perspectives of First Nations' women
are included in all AFN policy directives and activities, as well as ensuring
that the AFN is an effective advocate on behalf of First Nations women. The
Assembly of First Nations is the national organization representing First
Nations people in Canada.
- 1850 - The first legal definitions of the term "Indian" began with the
introduction of legislation governing Indians. Early definitions
included persons who were First Nations by birth, blood or adoption,
who belonged to a First Nation and their spouses.
- 1869 - The Indian Act was amended to exclude First Nations women who
married non-native men and their children. First Nations leaders were
not consulted in the drafting of the Act and it was seen as
inconsistent with many First Nations cultural traditions.
- 1872 - The Grand General Council of Ontario and Quebec Indians wrote to
the Minister of Indian Affairs asking the Indian Act be amended: "So
that Indian women may have the privilege of marrying when and whom they
please, without subjecting themselves to exclusion or expulsion from
their tribes and the consequent loss of property and rights..."
- 1951 - Amendments to the Indian Act in 1951 established a centralized
registry of all people registered under the Act. Despite objections,
the government excluded First Nations women who married non-native men
from the registry. Non-status women lost their legal right to live on
reserve, vote in band elections, share in band monies, and own or
inherit property on reserve. At the same time, women who married men
with Status were themselves granted Indian Status, and this was passed
on to their children.
- 1973 - The issue of whether section 12(1)(b) of the Indian Act violated
the Canadian Bill of Rights came before the courts in the Lavell case.
A ruling by the Federal Court of Appeal concluded that the section
violated the rights of First Nations women as individuals entitled to
equality before the law. However, the Supreme Court reversed the
- 1979 - Women from the Tobique First Nations organized the "Native
Women's Walk" from Oka to Parliament Hill, to publicly protest and
raise awareness about the issue.
- 1979 - Sandra Lovelace, a non-status women from Tobique brought the
issue to the Human Rights Committee of the United Nations
- 1981 - The Human Rights Committee of the United Nations found Canada in
breach of the International Covenant on Civil and Political Rights.
- 1985 - The federal government amended the Indian Act, through
Bill C-31, restoring legal status to women who married non-natives.
However, in many cases women could still not pass status onto their
- 1985 - British Columbia law student Sharon McIvor, the daughter of a
status Indian woman and a non-status Indian man, applied to regain her
status. She is told her children cannot qualify for status.
- 1987 - McIvor wrote a letter requesting a review of the decision.
- 1989 - McIvor received a reply upholding the denial of Indian status to
her children. She launched a court case challenging the Indian Act.
- 1999-2005 - Chiefs in Assembly passed resolutions calling on government
to restore equal status to First Nations women.
- 2006 - Sharon McIvor's case is first heard in court.
- October 2006 - The federal government canceled the Court Challenges
Program which was funding McIvor's Case.
- 2006-2008 - The AFN Women's Council and Chief's-in-Assembly hold a
variety of fund-raising events to help support the McIvor case.
- June 2007 - B.C. Supreme Court Justice Carol Ross rendered her decision
in favour of McIvor.
- July 2007 - The federal government announces it will appeal the
- October 14, 2008 - Sharon McIvor's case scheduled to go before the BC
Court of Appeal.
For further information:
For further information: Karyn Pugliese, AFN Health Communications,
(613) 292-1877, firstname.lastname@example.org