Thursday, December 2, 2021

Bill C-31

  • Since the mid-1800s, government policy had dictated that First Nations women automatically lost their Indian "status" if they married non-Indigenous men.
    • Many First Nations members, especially women, criticized this section of the Indian Act as blatant discrimination.
  • By the 1980s, criticism of this aspect of the Act was widespread throughout Canadian society.
  • After a series of 1970s court challenges attacking this loss of status for First Nations women, the government consulted with First Nations leaders on how best to amend the Act.
  • Parliament passed Bill C-31 in 1985. This was an amendment to the Indian Act that:
    • Removed discriminatory practices
    • Eliminated the links between marriage and status
    • Gave individual bands greater control in determining their own membership
    • Defined two new categories of Indian status
    • Distinguished between band membership and Indian status
  • While the government would continue to determine status, bands were given complete control over membership lists.
  • Through this amendment, over 60,000 Indigenous people regained their lost status.




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