Collection of Documents
on Gender Discrimination and The Indian Act
Gender Discrimination and The Indian Act
The following is a collection of documents relating to the history and evolution of gender discrimination and Indian Status in Canada. It includes the legislative histories of Bill C-31 (debates and background material) and its predecessors and successors, committee reports, United Nations periodic reports and background information from a number of civil society organizations. It also includes links to domestic and international challenges to the Indian Act through the Canadian courts and United Nations Human Rights Committee.
The documents were compiled by Lara Koerner Yeo and Sarah Bittman for the Law office of Mary Eberts in 2017 and were updated by Liam Thompson and Molly Hughes in 2019.
Indian Self-Government in Canada: Report of the Special Committee on Indian Self-government (Penner Report)
- House of Commons Debates, (32nd Parliament, 1st Session 1982)
- House of Commons, Debates, (32nd Parliament, 2nd Session 1984) at 681-683
- Issue no. 57 (August 31, 1982)
- Appointment of Subcommittee on Indian Women and the Indian Act.
- Issue no. 58 (September 20, 1982)
- Report of the Sub-committee on Indian Women and the Indian Act
- Issue no. 57 (August 31, 1982)
Bill C-47, An Act to amend the Indian Act, (32nd Parliament, 2nd Session, 1984)
This bill was introduced to eliminate the distinction between legitimate and illegitimate children as well as discrimination with respect to registration on the basis of sex. The bill died in the Senate.
- March 5, 1984, p 1761
- March 7, 1984, p 1851
- March 8th, 1984, p 1891
- June 18-29, 1984 – First and second reading
- June 29, 1984 - First reading only
Bill C-31, An Act to amend the Indian Act, (33rd Parliament, 1st Session, 1985)
- Gerard Hartley, "The Search for Consensus: A Legislative History of Bill C-31, 1969–1985" (2007), Aboriginal Policy Research Consortium International (APRCi) 98
- Timeline of Important Events Leading up to Bill C-31
- First reading with explanatory notes (February 28, 1985)
- As passed, SC 1985, c 27 (Assented Jun 28, 1985, deemed in force April 17, 1985, ss16-17 in force, December 28, 1985)
- Issue 12, Respecting Bill C-31 (March 7, 1985)
- Issue 13, Respecting Bill C-31 (March 12, 1985)
- Issue 14, Respecting Bill C-31 (March 13, 1985)
- Issue 15, Respecting Bill C-31 (March 13, 1985)
- Issue 16, Respecting Bill C-31 (March 14, 1985)
- Issue 17, Respecting Bill C-31 (March 18, 1985)
- Issue 18, Respecting Bill C-31 (March 19, 1985)
- Issue 19, Respecting Bill C-31 (March 19, 1985)
- Issue 20, Respecting Bill C-31 (March 20, 1985)
- Issue 21, Respecting Bill C-31 (March 20, 1985)
- Issue 22, Respecting Bill C-31 (March 21, 1985)
- Issue 23, Respecting Bill C-31 (March 25, 1985)
- Issue 24, Respecting Bill C-31 (March 26, 1985)
- Issue 25, Respecting Bill C-31 (March 26, 1985)
- Issue 26, Respecting Bill C-31 (March 27, 1985)
- Issue 27, Respecting Bill C-31 (March 27, 1985)
- Issue 30, Respecting Bill C-31 (April 1, 1985)
- Issue 31, Respecting Bill C-31 (April 17, 1985)
- Issue 32, Respecting Bill C-31 (April 18, 1985)
- Issue 33, Respecting Bill C-31 (April 22, 1985)
- Issue 34, Respecting Bill C-31 (April 23, 1985)
- Issue 35, Respecting Bill C-31 (April 24, 1985)
- Issue 36, Respecting Bill C-31 (April 25, 1985)
- Issue 37, Respecting Bill C-31 and First Report to the House (April 29-30, 1985)
- House of Commons, Debates
- Jan 24-March 1, 1985
- First Reading February 29th, 1985 (p 2604)
- Second reading March 1st, 1985 (p 2644-2662)
- Committee Stage June 10-27, 1985
- June 10, 1985 (p 5563-5577)
- June 10, 1985 (p 5592-5606)
- June 11, 1985, (p 5617-5631)
- June 11, 1985, (p 5650-5662)
- Third Reading June 11, 1985 (p 5686-5696)
- Royal Assent June 27, 1985 (p 6332)
- Jan 24-March 1, 1985
- Senate. Debates
- Authorization for Committee on Legal and Constitutional Affairs Committee to pre-study bill March 13, 1985 (p 646-647)
- First Reading June 13, 1985
- Second Reading June 25, 1985 (p 1038-1048)
- Committee Report June 25, 1985 (p 1106)
- Third Reading June 26, 2985 (p 1136-1143)
Royal Assent June 27, 1985 (p 1217)
- Senate: Standing Committee on Legal and Constitutional Affairs, Minutes of Proceedings and Evidence
- Pre-study
- After introduction of the Bill
- House of Commons, Debates
- Canada. Standing Committee on Indian Affairs and Northern Development. Minutes of Proceedings and Evidence: Order of Reference pursuant to Standing Order 96(2), consideration of the 1985 amendments of the Indian Act
- Issue 38, Review of Bill C-31 April 12-20, 1988
- Issue 39, Review of Bill C-31 April 27, 1988
- Issue 40, Review of Bill C-31 April 28-May 4, 1988
- Issue 41, Review of Bill C-31 May 11, 1988
- Issue 42, Review of Bill C-31 May 18, 1988
- Issue 43, Review of Bill C-31 May 25, 1988
- Issue 44, Review of Bill C-31 June 1, 1988
- Issue 45, Review of Bill C-31 June 22-23, 1988
- Fifth Report of the Standing Committee on Aboriginal Affairs and Northern Development on Consideration of the Implementation of An Act to Amend the Indian Act as passed by the House of Commons on June 12, 1985. (August 1988) and Appendices
- Stewart Clatworthy, “Impacts of the 1985 Indian Act Amendments: A Case Study of Brokenhead Ojibway Nation” (2007) Aboriginal Policy Research Consortium International (APRCi) 95.
- Elizabeth Jordan, “Residual Sex Discrimination in the Indian Act” (1995) 11 Journal of Law and Social Policy, 213.
- Royal Commission on Aboriginal Peoples, Report (October 1996)
- Canada. Standing Committee on Indian Affairs and Northern Development. Minutes of Proceedings and Evidence: Order of Reference pursuant to Standing Order 96(2), consideration of the 1985 amendments of the Indian Act
- Canada. Department of Indian Affairs and Northern Development, A Select and Annotated Bibliography Regarding Bill C-31, Indian Registration and Band Membership, Aboriginal Identity, Women and Gender Issues (2004)
- Stewart Clatworthy, Indian Registration, Membership and Population Change in First Nations Communities (2005)
- Stewart Clatworthy, Factors Contributing to Unstated Paternity (Canada. Indian Affairs and Northern Development. Strategic Development and Analysis Directorate (2003)
- Native Women’s Association of Canada, Aboriginal Women and Bill C-31: An Issue Paper (2007).
- AFN-INAC Joint Technical Working Group, First Nations Registration (Status) And Membership Research Report (2008)
Bill C-3 An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs) (2010) (40th Parliament, 3rd session, 2010)
- First Reading 11 March 2010
- Second Reading (as amended by Committee) 11 May 2010
- Third Reading (as passed by the House of Commons) 22 November 2010
- Royal Assent 15 December 2010
- First Reading (11 March 2010, HAN007)
- Second Reading (26 March 2010; HAN018)
- Second Reading (29 March 2010; HAN019)
- Report Stage (25 May 2010; HAN048)
- Report Stage (26 October 2010; HAN087)
- Third Reading (22 November 2010; HAN101)
- April 1 2010 (Meeting 7; AANOEV07)
- Brenda Kustra, Director General, Governance Branch, Heritage Group, INAC
- Roy Gray, Director, Resolution and Individual Affairs Sector, INAC
- Marin Reiher, Senior Counsel, Operations and Programs Section, Department of Justice
- Hon. Chuck Strahl, Minister of Indian Affairs and Northern Development
- April 13 2010 (Meeting 8; AANOEV08)
- Gwen Brodsky, as an individual
- Sharon McIvor, as an individual
- Betty Ann Lavallée, National Chief, Congress of Aboriginal Peoples
- Roger Hunka, National Bilateral Director, Congress of Aboriginal Peoples
- Conrad Saulis, Policy Director, National Association of Friendship Centres
- Jeannette Corbiere Lavell, President, NWAC
- Karen Green, Executive Director, NWAC
- April 15 2010 (Meeting 9; AANOEV09)
- Jody Wilson-Raybould, Regional Chief, British Columbia, AFN
- Karen Campbell, Senior Policy Analyst, Strategic Policy, Planning and Law, AFN
- Nicole Dufour, Lawyer, Research and Legislation Service, Barreau du Québec
- Renée Dupuis, Lawyer, Barreau du Québec
- Christopher Devlin, Executive Member, National Aboriginal Law Section, CBA
- Gaylene Schellenberg, Lawyer, Legislation and Law Reform, CBA
- Kathy Hodgson-Smith, Barrister and Solicitor, Hodgson-Smith Law, Métis National Council
- April 20 2010 (Meeting 10; AANOEV10)
- Angus Toulouse, Ontario Regional Chief, Chiefs of Ontario
- Johanna Lazore, Senior Policy Advisor, Chiefs of Ontario
- Pamela D Palmater, Chair, Ryerson University’s Centre for the Study of Indigenous Governance, as an individual
- Sharon Venne, Treaty Researcher, as an individual
- Lucien Wabanonik, Grand Chief, AFN of Quebec and Labrador
- Keith Sero, Councillor, Association of Iroquois and Allied Indians
- R. Donald Maracle, Chief of the Mohawks of the Bay of Quinte
- Velma Hill-Dracup, Councillor, Association of Iroquois and Allied Indians
- Paul Chartrand, Representative, Federation of Saskatchewan Indian Nations
- Daniel Nolett, Director General, Abenakis Band Council of Odanak, Grand Conseil de la Nation Waban-Aki
- Michele Taina Audette, Representative, Marche Amun, Grand Conseil de la Nation Waban-Aki
- Paul Dionne, Lawyer, Grand Conseil de la Nation Waban-Aki
- David Nahwegahbow, Representative, Indigenous Bar Association
- Dianne Corbiere, Representative, Indigenous Bar Association
- Ellen Gabriel, President, Quebec Native Women Inc
- Richard Powless, Advisor, Six Nations of the Grand River
- William K. Montour, Chief, Six Nations of the Grand River
- David Walkem, Chief, Union of BC Indian Chiefs
- Stewart Philip, President, Union of BC Indian Chiefs
- April 22 2010 (Meeting 11; AANOEV11):
- David Langtry, Deputy Chief Commissioner, CHRC
- Jennifer Lynch, Chief Commissioner, CHRC
- Michael Smith, Senior Policy Analyst, National Aboriginal Initiative, CHRC
- Valerie Philips, Legal Counsel, CHRC
- April 27 2010 (Meeting 12; AANOEV12)
- Roy Gray, Director, Resolution and Individual Affairs Sector, INAC
- Martin Reiher, Senior Counsel, Operations and Programs Section, Department of Justice
- Committee Report to the House
- First Report April 29 2010 (tabled Report 1 in the House):
- Discussion 29 April 2010 (HAN036):
- Briefs
- Women’s Legal Education and Action Fund (LEAF), Submission to the Standing Committee on Aboriginal Affairs and Northern Development on Bill C-3: Gender Equity in the Indian Registration Act. (April 26, 2010)
- April 1 2010 (Meeting 7; AANOEV07)
- November 29 2010 (Issue 7)
- Roy Gray, Director, Resolution and Individual Affairs Sector, INAC
- Branda Kustra, Director General, Regional Operations Sector, INAC
- Christopher Devlin, Executive Member, National Aboriginal Law Section
- Larry Chartrand, Associate Professor, Faculty of Law, Common Law Section, University of Ottawa
- Charlene Desrochers, as an individual
- CIDA, RCMP, Foreign Affairs representatives present on another matter
- December 6 2010 (Issue 8)
- Jody Wilson-Raybould, Regional Chief, British Columbia, AFN
- Karen Campbell, Policy Advisor, AFN
- Jeannette Corbiere Lavell, NWAC
- Conrad Saulis, Policy Director, National Association of Friendship Centres
- Sharon McIvor, as an individual
- Gwen Brodsky, Barrister and Solicitor
- Angus Toulouse, Ontario Regional Chief, Chiefs of Ontario
- Émilie Grenier, Legal Policy Analyst, Quebec Native Women Inc
- Michele Audette, President, Quebec Native Women Inc
- Chief Marie-Anne Day Walker-Pelletier, Chair, Saskatchewan First Nations Women’s Commission, Federation of SK Indian Nations
- Roy Gray, Director, Resolution and Individual Affairs Sector, INAC
- Martin Reiher, Senior Counsel, Justice Canada
- Committee Report to the Senate
- December 7 2010 (6th Report presented in the House):
- November 29 2010 (Issue 7)
- Mary C. Hurley and Tonina Simeone, Bill C-3: Gender Equity in Indian Registration Act (Ottawa: Library of Parliament Research Publication No. 40-3-C3-E18, March 2010)
- Canadian Bar Association, National Aboriginal Law Section, Bill C-3: Gender Equity in Indian Registration Act (Ottawa: Canadian Bar Association, 2010):
- Union of British Columbia Indian Chiefs, First Nations Summit & British Columbia Assembly of First Nations, Consensus agreement: Collective Support for amendments to Bill C-3 (Gender Equity in Indian Registration Act (Press Release, June 1, 2010) on page 4
- Sharon McIvor, Letter to Parliament in support of the AMUN March (in which “women from Wendake, Quebec undertook a 500K march in favour of the removing of sex discrimination from the registration provisions of the Indian Act”) (18 May 2010)
- Indian and Northern Affairs Canada, Discussion Paper, Changes to the Indian Act affecting Indian Registration and Band Membership:McIvor v. Canada (2009)
- Sharon McIvor, Response to The August 2009 Proposal of Indian and Northern Affairs Canada to Amend the 1985 Indian Act (October 6, 2009)
- Indian and Northern Affairs Canada, Estimates of Demographic Implications from Indian Registration Amendment: McIvor v. Canada (March 2010)
- Indian and Northern Affairs Canada, Explanatory Paper: Proposed Amendments to the Indian Act Affecting Indian Registration: McIvor v. Canada (March 2010)
Bill S-3, An act to amend the Indian Act (elimination of sex-based inequities in registration) (42nd Parliament, 1st Session, 2016)
- First Reading (October 25 2016)
- As Passed by the Senate (June 1 2017)
- First Reading (October 25 2016; No. 65)
- Second Reading (November 1 2016; No. 68)
- Second Reading (November 15 2016; No. 71)
- Second Reading (November 17 2016; No. 73)
- Consideration of Standing Senate Committee on Aboriginal Peoples Report (May 30 2017; No. 124)
- Third Reading (May 31 2017; No. 125)
- Third Reading (June 1 2017; No. 126):
- November 22 2016 (from 13:7 to 13:43)
- Stéphane Descheneaux, Plaintiff: Descheneaux v Canada (Attorney General), The Abenaki of Odanak (as an individual)
- Joelle Montminy, Assistant Deputy Minister, Resolution and Individual Affairs Sector, INAC
- Candice St-Aubin, Executive Director, Resolution and Individual Affairs Sector, INAC
- Nathalie Nepton, Executive Director, Indian Registration and Integrated program Management, INAC
- Effie Panousos, Senior Policy Analyst, Treaties and Aboriginal Government Sector, INAC
- Martin Reiher, General Counsel, Department of Justice
- David Schulze, Counsel for the plaintiffs and for the intervenors the Council of Abenaki of Odanak and the Council of Abenai of Wolinak: Descheneaux v Canada (Attorney GEneral) (Dionne Schulze)
- Tammy Yantha, Plaintiff: Descheneaux v Canada (Attorney General), The Abenaki of Odanak (as an Individual)
- November 23 2016 (from 13:43 to 13:85)
- Perry Bellegarde, National Chief, AFN
- Robert Bertrand, National Chief, Congress of Aboriginal Peoples
- Frankie Cote, Senior Manager, Engagement (Congress of Aboriginal Peoples)
- Denise Stonefish, Deputy Grand Chief, AFN
- Stuart Wuttke, General Counsel, AFN
- Francyne Joe, President, NWAC
- Lynne Groulx, Executive Director, NWAC
- Drew Lafond, MacPherson Leslie Tyerman, LLP (Indigenous Bar Association)
- Marilee Nowgesic, Special Advisory and Liaison, NWAC
- November 29 2016 (from 14:7 to 14:49)
- Joelle Montminy, Assistant Deputy Minister, Resolution and Individual Affairs Sector, INAC
- Candice St-Aubin, Executive Director, Resolution and Individual Affairs Sector, INAC
- Nathalie Nepton, Executive Director, Indian Registration and Integrated program Management, INAC
- Effie Panousos, Senior Policy Analyst, Treaties and Aboriginal Government Sector, INAC
- Martin Reiher, General Counsel, Department of Justice
- Sharon McIvor
- Viviane Michel, President (Quebec Native Women Inc)
- Krista Nerland, Associate, Olthuis Kleer Townshend LLP
- Pamela Palmater, Associate Professor and Chair in Indigenous Governance, Ryerson University
- Gaylene Schellenberg, Lawyer, Legislation and Law Reform (Canadian Bar Association)
- Cynthia Smith, Legal and Policy Analyst Coordinator (Quebec Native Women’s Inc)
- Kim Stanton, Legal Director, Women’s Legal Education and Action Fund
- David Taylor, Executive Member, Aboriginal Law Section (Canadian Bar Association)
- November 30 2016 (from 14:49 to 14:82)
- Hon. Carolyn Bennett, Minister of Indigenous and Northern Affairs
- Joelle Montminy, Assistant Deputy Minister, Resolution and Individual Affairs Sector, INAC
- Candice St-Aubin, Executive Director, Resolution and Individual Affairs Sector, INAC
- Nathalie Nepton, Executive Director, Indian Registration and Integrated program Management, INAC
- Martin Reiher, General Counsel, Department of Justice
- December 6 2016 Clause by Clause consideration of bill. (from 14:82 to 14:114)
- December 7 2016
- May 9 2017 (from 21:6 to 21:37)
- Joelle Montminy, Former Assistant Deputy Minister, Resolution and Indian Affairs, INAC
- Martin Reiher, Assistant Deputy Minister, Resolution and Indian Affairs, INAC
- Candice St-Aubin, Executive Director, New Service Offerings, Resolution and Individual Affairs Sector, INAC
- Nathalie Nepton, Executive Director, Indian Registration and Integrated Program Management, INAC
- Gaylene Schellenberg, Staff Lawyer, Law Reform, Canadian Bar Association
- David Taylor, Executive Member, Aboriginal Law Section, Canadian Bar Association
- Perry Bellegrade, National Chief, AFN
- May 10 2017 (from 21:37 to 21:73)
- David Schulze, Counsel for the plaintiffs and for the intervenors the Council of Abenaki of Odanak and the Council of Abenaki of Wolinak: Descheneaux v. Canada (Attorney General)
- Kim Stanton, Legal Director, Women’s Legal Education and Action Fund
- Pamela D. Palmater, Associate Professor and Chair in Indigenous Governance, Ryerson University, as an individual
- May 16 2017 (APPA) morning meeting (from 22:20 to 22:53)
- Lynn Gehl, as an individual
- Emilie Lahaie, Staff Lawyer, Aboriginal Legal Services of Toronto
- Mary Eberts, co-author of Matrimonial Property on Reserve, as an individual
- Nikolaus Gehl, as an individual
- Francyne Joe, President, Native Women’s Association of Canada
- Lynne Groulx, Executive Director, NWAC
- Drew Lafond, MacPherson Leslie Tyerman, LLP, Indigenous Bar Association
- May 16 2017 – afternoon meeting (from 22:53 to 22:68)
- Hon. Carolyn Bennett, P.C., M.P., Minister of Indigenous and Northern Affairs
- Joelle Montminy, Former Assistant Deputy Minister, Resolution and Individual Affairs, INAC
- Nathalie Nepton, Executive Director, Indian Registration and Integrated Program Management, INAC
- May 17 2017 (from 22:69 to 22:101)
- May 30 2017 Report of the Committee
- November 22 2016 (from 13:7 to 13:43)
- First Reading (2 June 2 2017; HAN 186)
- Second Reading (June 13 2017; HAN 193) (Discussion beginning on 12634)
- Committee Report (June 20 2017; HAN 198) (starting on 13029)
- Committee Report and Third Reading (June 21 2017; HAN 199): F (voting on 13097, passage on 13104)
- Consideration of Messages between Senate and House of Commons (June 21 2017; HAN 199):
- (November 21 2016: Meeting 35)
- Joelle Montminy, Assistant Deputy Minister, Resolution and Individual Affairs Sector, INAC
- Candice St-Aubin, Executive Director, Resolution and Individual Affairs Sector, INAC
- Nathalie Nepton, Executive Director, Indian Registration and Integrated Program Management, INAC
- Effie Panousos, Senior Policy Advisor and Manager, Treaties and Aboriginal Government Sector, INAC
- Martin Reiher, General Counsel, Department of Justice
- Rick O’Bommsawin, Chief, Abénakis Band Council of Odanak
- Stéphane Descheneaux, as an individual
- November 23 2016 (Meeting 36):
- Perry Bellegarde, National Chief, AFN
- Denise Stonefish, Deputy Grand Chief, Association of Iroquois and Allied Indians, AFN
- Stuart Wuttke, Legal Counsel, AFN
- Lynne Groulx, Executive Director, NWAC
- Francyne Joe, President, NWAC
- Marilee Nowgesic, Special Advisor, Liaison, NWAC
- Viviane Michel, President, Quebec Native Women Inc.
- Cynthia Smith, Legal and Policy Analyst Coordinator, Quebec Native Women Inc.
- Robert Bertrand, National Chief, Congress of Aboriginal Peoples
- Frankie Coté, Senior Manager, Engagement, Congress of Aboriginal Peoples
- Jeannette Corbiere Lavell, Citizenship Commissioner, Anishinabek Nation, Union of Ontario Indians
- November 30 2016 (Meeting 38):
- Joseph Tokwiro Norton, Grand Chief, Mohawk Council of Kahnawake
- Kahsennenhaw Sky-Deer, Chief, Mohawk Council of Kahnawake
- Sharon McIvor, Union of B.C. Indian Chiefs
- Gaylene Schellenberg, Lawyer, Legislation and Law Reform, Canadian Bar Association
- David Taylor, Executive Member, Aboriginal Law Section, Canadian Bar Association
- Jeremy Matson, as an individual
- December 5 2016 (Meeting 39):
- Gaylene Schellenberg, Lawyer, Legislation and Law Reform, Canadian Bar Association
- David Taylor, Executive Member, Aboriginal Law Section, Canadian Bar Association
- Kim Stanton, Legal Director, Women’s Legal Education and Action Fund
- Krista Nerland, Associate, Olthuis Kleer Townshend, LLP, LEAF
- Pamela D. Palmater, Chair in Indigenous Governance, Ryerson University, as an individual
- Mary Eberts, as an individual
- Ellen Gabriel, as an individual
- Hon. Ms. Carolyn Bennett, P.C., M.P., Minister of Indigenous and Northern Affairs
- Joelle Montminy, Assistant Deputy Minister, Resolution and Individual Affairs Sector, INAC
- Candice St-Aubin, Executive Director, Resolution and Individual Affairs Sector, INAC
- Nathalie Nepton, Executive Director, Indian Registration and Integrated Program Management, INAC
- Martin Reiher, Senior Counsel, Operations and Programs Section, Department of Justice
- June 6 2017 (Meeting 61):
- Lynne Groulx, Executive Director, NWAC
- Francyne Joe, Interim President, NWAC
- Courtney Skye, Director of Strategic Policy, NWAC
- Karl Jacques, Senior Counsel, Operations and Programs, Department of Justice
- Drew Lafond, Director, Board of Directors, Indigenous Bar Association in Canada
- Nathalie Nepton, Executive Director, Indian Registration and Integrated Program Management, INAC
- Martin Reiher, Assistant Deputy Minister, Resolution and Individual Affairs, INAC
- Candice St-Aubin, Executive Director, New Service Offerings, Resolution and Individual Affairs Sector, INAC
- Rick O’Bomsawin, Chief, Council of the Abenaki of Odanak
- David Schulze, Legal Counsel, Council of the Abenaki of Odanak
- Stéphane Descheneaux, as an individual
- June 8 2017 (Meeting 62):
- Ghislain Picard, Assembly of First Nations of Quebec and Labrador
- Joseph Tokwiro Norton, Grand Chief, Mohawk Council of Kahnawake
- Viviane Michel, President, Quebec Native Women Inc.
- Cynthia Smith, Legal and Policy Analyst, Quebec Native Women Inc.
- Lynn Gehl, as an individual
- Sharon McIvor, as an individual
- Pamela D. Palmater, Chair in Indigenous Governance, Ryerson University, as an individual
- Deborah Serafinchon, as an individual
- Catherine Twinn, Q.C. Lawyer, as an individual
- Martin Reiher, Assistant Deputy Minister, Resolution and Individual Affairs, INAC
- Nathalie Nepton, Executive Director, Indian Registration and Integrated Program Management, INAC
- Candice St-Aubin, Executive Director, New Service Offerings, Resolution and Individual Affairs Sector, INAC
- Karl Jacques, Senior Counsel, Operations and Programs, Department of Justice
- June 15 2017 (Meeting 65) :
- Karl Jacques, Senior Counsel, Operations and Programs
- Candice St-Aubin, Executive Director, New Service Offerings, Resolution and Individual Affairs Sector
- Marin Reiher, Assistant Deputy Minister, Resolution and Individual Affairs
- Nathalie Nepton, Executive Director, Indian Registration and Integrated Program Management
- Indian and Northern Affairs Committee Report No. 8 (June 16 2017)
- (November 21 2016: Meeting 35)
Native Women’s Association of Canada, Press Release NWAC Commends the Government for Introducing Legislation that Begins the Process of Ending Sex Discrimination in the Indian Act. (following Bill S-3’s first reading in the Senate on 25 Oct 2016)
- Jeremy Matson, Submission to the Senate Standing Committee on Aboriginal Peoples (“APPA”) Bill S-3 (Descheneaux): An Act to amend the Indian Act (elimination of sex-based inequities in registration)November 24,2016
- Indigenous and Northern Affairs Canada, Responses to Follow Up Requests from the Standing Senate Committee on Aboriginal Peoples,November 22, 2016
- Canadian Bar Association, Aboriginal Law Section, Bill S-3 – Indian Act amendments (elimination of sex-based inequities in registration(November 2016)
- Treaty Citizenship Response to the Descheneaux Decision: Resolution - Treaty 7 Treaty Chiefs Meeting (October 25th, 2016); Draft Resolution - Confederation of Treaty 6 Chiefs Meeting, (October 25, 2016) and Tsuut’ina Nation, Letter: Re: Amendment to the Indian act (November 21, 2016)
- Samson Cree Nation, Letter to the Standing Senate Committee on Aboriginal Peoples(November 21, 2016)
- Women’s Legal Education and Action Fund, (LEAF)Submission to the Senate Standing Committee on Aboriginal Peoples on Bill S-3: An Act to amend the Indian Act (elimination of sex-based inequities in registration), (November 29th, 2016) f
- Pam Palmater, Presentation to the Parliamentary Standing Committee on Indigenous and Northern Affairs Re: Bill S-3 –An Act to amend the Indian Act (elimination of sex-based inequities in registration)(December 5th, 2016)
- Native Women’s Association of Canada and Feminist Alliance for International Action. Press Release: Canada Jeopardizes Credible Footing For National Inquiry By Delaying On Eliminating Sex Discrimination From The Indian Act (June 22 2016)
- Indigenous Bar Association, Position Paper on Bill S-3An Act to amend the Indian Act (elimination of sex-based inequities in registration) (November 23, 2016)
- Jeremy Matson, Submission to the Standing Committee on Indigenous and Northern Affairs (“INAN”): Bill S-3 (Descheneaux): An Act to amend the Indian Act (elimination of sex-based inequities in registration)(November 30, 2016)
Court Decisions
These cases led to 1974 Supreme Court of Canada decision that found that s 12(1)(b) of the Indian Act did not violate Section 1 (b) of the Canadian Bill of Rights, the “right of the individual to equality before the law and the protection of the law” even though it deprived Indigenous women, but not Indigenous men, of Indian status for marrying a non-status person.
- Trial
- Re Lavell and Attorney-General of Canada (1971), 22 DLR (3d) 182, [1972] 1 OR 390 (Co Ct); 1971 CanLII 526
- Bedard v. Isaac et al, [1972] 2 OR 391, (H Ct J); 1971 CanLII 601
- Re Lavell and Attorney-General of Canada (1971), 22 DLR (3d) 182, [1972] 1 OR 390 (Co Ct); 1971 CanLII 526
- Federal Court of Appeal
- Re Lavell and Attorney-General of Canada, [1971] FC 347; 1971 CanLII 1096
- Supreme Court of Canada
- Attorney General of Canada v. Lavell, [1974] S.C.R. 1349
- Trial
- Trial
- McIvor v The Registrar, Indian and Northern Affairs Canada, 2007 BCSC 827
- McIvor v The Registrar, Indian and Northern Affairs Canada, 2007 BCSC 1732 (Additional Reasons on relief sought and granted)
- Appeal
- McIvor v Canada (Registrar of Indian and Northern Affairs), 2009 BCCA 153 (Appeal to the BC court of appeal) (6 April 2009):
- McIvor v. Canada (Registrar of Indian and Northern Affairs), 2010 BCCA 168 (Supplementary Reasons (Extension of Suspension of Declaration of Invalidity) to Court of Appeal for British Columbia, April 6, 2009) (1 April 2010):
- McIvor v. Canada (Registrar of Indian and Northern Affairs), 2010 BCCA 338 (Supplementary Reasons (Further Extension of Suspension of Declaration of Invalidity) to Court of Appeal for British Columbia, April 6, 2009 and April 1, 2010) (2 July 2010):
- Application for Leave to Appeal to the Supreme Court
- Trial
- Canadian Human Rights Tribunal
- Matson v Indian and Northern Affairs Canada, 2013 CHRT 13 (4 May 2013):
- Andrews v Indian and Northern Affairs Canada, 2013 CHRT 21 (30 Sept 2013):
- Judicial Review at the Federal Court
- Canada (Human Rights Commission) v Canada (Attorney General) 2015 FC 398 (30 Mar 2015)
- Federal Court of Appeal
- Canada (Human Rights Commission) v Canada (Attorney General), [2017] 2 FCR 211, 2016 FCA 200 (CanLII) (2016 FCA 200) (21 July 2016)
- Supreme Court of Canada
- Canadian Human Rights Tribunal
- Trial
- Descheneaux c Canada (Procureur Général), [2016] 2 CNLR 175; 2015 QCCS 3555 (CanLII) (3 August 2015):
- Descheneaux c Le Procureur général du Canada, 2017 QCCS 153 (CanLII) Extension judgment (20 January 2017)
- Descheneaux c Procureure générale du Canada, 2017 QCCS 2669 (CanLII) Second Extension judgment (21 June 2018)
- Appeal of Extension Judgment
- Procureure générale du Canada c. Descheneaux, 2017 QCCA 1238 (CanLII) [2017] 4 CNLR
- Trial
- Trial Level
- Gehl v Attorney-General of Canada, 2015 ONSC 3481
- Appeal Level
- Gehl v Canada (Attorney General), 2017 ONCA 319
- Trial Level
International human rights bodies
- Sixth and Seventh Periodic Reports
- Concluding observations of the Committee on the Elimination of Discrimination against Women : Canada (CEDAW/C/CAN/CO/7) (sixth and seventh periodic reports) (2008)
- List of issues and questions with regard to the consideration of periodic reports : Committee on the Elimination of Discrimination against Women : Canada (CEDAW/C/CAN/Q/7) (2008)
- Responses to the list of issues and questions with regard to the consideration of the combined 6th and 7th periodic reports : Committee on the Elimination of Discrimination against Women : Canada (CEDAW/C/CAN/Q/7/Add.1) (2008)
- Civil Society Organization Reports (2008)
- Feminist Alliance For International Action, A Failing Grade On Women’s Equality Canada’s Human Rights Record on Women: Feminist Alliance for International Action Submission To The United Nations Human Rights Council on the Occasion of its Universal Periodic Review of Canada (September 2008)
- Feminist Alliance For International Action, Letter (January 18, 2008)
- Feminist Alliance For International Action, Women’s Inequality in Canada: Submission of the Canadian Feminist Alliance for International Action to the United Nations Committee on the Elimination of Discrimination against Women on the Occasion of the Committee's Review of Canada's 6th & 7th Reports(September 2008)
- Committee on the Elimination of Discrimination against Women, Concluding observations of the Committee on the Elimination of Discrimination against Women, UN Doc CEDAW/C/CAN/CO/7 (7 November 2008) at paras 17-18:
- Eighth and ninth periodic reports
- Concluding observations on the combined eighth and ninth periodic reports of Canada: Addendum: Information provided by Canada in follow-up to the concluding observations (CEDAW/C/CAN/CO/8-9/Add.1) (2016)
- Concluding observations on the combined 8th and 9th periodic reports of Canada : Committee on the Elimination of Discrimination against Women (CEDAW/C/CAN/CO/8-9) (2016)
- Civil Society Organization Reports 2016
- Canadian Association of Elizabeth Fry Societies (CAEFS) Chair, Canadian Feminist Alliance for International Action (FAFIA), Reply to Issues 2, 3, 16 & 18: Indigenous Women And Women In Detention: Report To The Committee On The Elimination Of Discrimination Against Women On The Occasion Of The Committee's Eighth And Ninth Periodic Review Of Canada: (October 2016)
- Amnesty International, Canada: Submission to the United Nations Committee on the Elimination of Discrimination against Women (24 October - 18 November 2016)
- Aboriginal Legal Services, CSO Report Submitted by Aboriginal Legal Services, Submitted to Committee on the Elimination of Discrimination Against Women in Consideration of Canada’s 8th and 9th Periodic Report(October 3, 2016)
- Canadian Human Rights Commission, Submission To The Committee On The Elimination Of Discrimination Against Women In Advance Of Its Consideration Of Canada’s 8th and 9th Periodic Reports
- Sixth and Seventh Periodic Reports
- Seventeenth and Eighteenth Periodic Reports (2007)
- Concluding observations of the Committee on the Elimination of Racial Discrimination: CANADA (UN Doc CERD/C/CAN/CO/18) (25 May 2007) at para 15:
- Civil Society Organization Reports, 2007
- Canadian Feminist Alliance for International Action. Submission of the Canadian Feminist Alliance for International Action to the United Nations Committee on the Elimination of Racial Discrimination On the occasion of its review of Canada’s 17th and 18th periodic reports under the Convention on the Elimination of all Forms of Racial Discrimination (February 2007)
- Native Women’s Association of Canada, Native Women’s Association of Canada’s Response To Canada’s Seventeenth and Eighteenth Periodic Reports To The Committee On The Elimination Of Racial Discrimination(February 2007)
- National Anti-Racism Council of Canadians, Racial Discrimination in Canada: Submissions to the Committee on the Elimination of All Forms of Racial Discrimination on the Occasion of the Review of Canada’s Seventeenth and Eighteenth Reports on the United Nations under the International Convention on the Elimination of All Forms of Racial Discrimination (February 2007)
- Petition: Sharon McIvor And Jacob Grismer v Canada, Communication Submitted For Consideration Under The First Optional Protocol To The International Covenant On Civil And Political Rights (November 2010)
- Nineteenth to Twentieth periodic reports (2012)
- Reports submitted by States parties under article 9 of the Convention Nineteenth and twentieth periodic reports of States parties due in 2009: Canada (CERD/C/CAN/19-20)
- Consideration of reports submitted by States parties under article 9 of the Convention : concluding observations of the Committee on the Elimination of Racial Discrimination : Canada (CERD/C/CAN/CO/19-20) (2012)
- Civil Society Organization Reports (2012)
- First Nations Summit, First Nations Summit Submission to CERD: 80th Session(January 2012)
- Lawyers’ Rights Watch Canada and the BC CEDAW Group, Missing and Murdered Aboriginal Women and Girls in British Columbia and Canada: Submission to the United Nations Committee on the Elimination of Racial Discrimination on the occasion of its review of Canada’s 19th and 20th reports (January 2012)
- Assembly of First Nations, Submission of the Assembly of First Nations to the United Nations Committee on the Elimination of Racial Discrimination 80th Session 13 February - 9 March 2012 United Nations, Geneva Response to Canada's 19th and 20th Periodic Reports
- Seventeenth and Eighteenth Periodic Reports (2007)
- Fourth and Fifth Periodic Reports
- Consideration of Reports Submitted By States Parties Under Articles 16 And 17 of The Covenant: Concluding observations of the Committee on Economic, Social and Cultural Rights: Canada (UN Doc E/C.12/CAN/CO/4-5) (2006) at para 45:
- Compilation of Summaries of Canadian NGO Submissions to the UN Committee on Economic, Social and Cultural Rights in Connection with the Consideration of the Fourth and Fifth Periodic Reports of Canada, (UN Doc E/C.12/36/3) (2006)
- Sixth Periodic Report
- Committee on Economic, Social and Cultural Rights, Concluding observations on the sixth periodic report of Canada, (UN Doc E/C.12/CAN/CO/) (2016) at para 22:
- Civil Society Organization Reports
- Feminist Alliance for International Action, Women’s Economic, Social and Cultural Rights in Canada: Report to the Committee on Economic, Social and Cultural Rights on the Occasion of the Committee's Sixth Periodic Review of Canada 2006-2015 (2016)
- National Human Rights Institutions
- Canadian Human Rights Commission, Submission to the Committee on Economic, Social and Cultural Rights on the Occasion of its Review of Canada’s 6th Periodic Report (2015)
- Fourth and Fifth Periodic Reports
- Fifth Periodic Report (2006)
- Consideration of Reports Submitted By States Parties Under Article 40 of The Covenant: Canada (UN Doc CCPR/C/CAN/CO/5) (20 April 2006) at para 22:
- Civil Society Organization Reports
- Sixth Periodic Report (2015)
- Concluding Observations on the Sixth Periodic Report of Canada (UN Doc CCPR/C/CAN/CO/6) at para 17:
- Civil Society Organization Reports
- Feminist Alliance for International Action, Canada: Women’s Civil and Political Rights: Report to the Human Rights Committee on the Occasion of the Committee's consideration of the Sixth Periodic Report of Canada(June 2015)
- Amnesty International, Canada, Submission to the UN Human Rights Committee, (2015)
- Fifth Periodic Report (2006)
- Report of the Working Group on the Universal Periodic Review: Canada (UN Doc A/HRC/24/11) (2013) at para 128.59
- Summary Prepared by the Office of the High Commissioner For Human Rights, In Accordance With Paragraph 15 (C) of The Annex to Human Rights Council Resolution 5/1: Canada (A/HRC/WG.6/4/Can/3):
- Report of the Special Rapporteur on the rights of indigenous peoples, James Anaya, The situation of indigenous peoples in Canada, (UN Doc A/HRC/27/52/Add.2),(7 May 2014) at para 55:
- Communication Submitted For Consideration Under: The First Optional Protocol To The International Covenant On Civil And Political Rights, Communication No 2020/2010, UNHCR (24 November 2010):
- Submission of The Government of Canada on The Admissibility and Merits of The Communication to the Human Rights Committee of Sharon Mcivor And Jacob Grismer (22 August 2011):
- Petitioner Comments in response to State Party’s Submission on the Admissibility and Merits of the Applicant’s Petition to the Human Rights Committee, Communication No 2020/2010 (5 December 2011):
- Further Submission of the Government of Canada on the Admissibilty and Merits of the Communication to the Human Rights Committee of Sharon McIvor and Jacob Grismer: Communication No. 2020/2010 (28 February 2012)
- Second Supplemental Submission Of The Government of Canada on The Admissibility and Merits of the Communication to the Human Rights Committee of Sharon Mcivor And Jacob Grismer (5 May 2016)
- Petitioner Observations in Response to Canada’s Request for Suspension of the Committee’s Consideration of the Petition of Sharon Mcivor and Jacob Grismer, Communication No. 2020/2010 (20 June 2016):
- Second Supplemental Submission (Revised) of The Government of Canada on the Admissibility and Merits of the Communication to the Human Rights Committee of Sharon McIvor And Jacob Grismer Communication No. 2020/2010 (28 June 2016)
- Petitioner Supplemental Observations in Response to Canada’s Revised Request for Suspension of the Committee’s Consideration of the Petition of Sharon McIvor And Jacob Grismer, Communication No. 2020/2010 (June 29, 2016 )
- Third Supplemental Submission of the Government of Canada on The Admissibility and Merits of the Communication to the Human Rights Committee of Sharon McIvor And Jacob Grismer: Communication No. 2020/2010 (28 February 2017)
- Canada’s Action Plan: Bill S-3, An Act to Amend the Indian Act (Elimination of sex-based inequities in registration) (17 January 2017):
- Petitioner Observations And Requests In Response To Canada’s Request For Further Postponement Of The Committee’s Consideration Of The Petition Of Sharon McIvor And Jacob Grismer, Communication No. 2020/2010(16 March 2017)
- Supporting Documents
- Native Women’s Association of Canada, Affidavit of Dawn Lavell Harvard in support of McIvor’s response to Canada’s request for suspension (June 17, 2016) :
- Union of BC Indian Chiefs, Affidavit of Grand Chief Stewart Phillip in support of McIvor’s petition (December 14, 2011)
- Union of BC Indian Chiefs, Affidavit of Grand Chief Stewart Phillip in support of McIvor’s petition (June 17, 2016)
- Amnesty International Canada, Letter of support (June 17, 2016)
- Native Law Centre, Sandra Lovelace v Canada [1977-1981] Collection of communications, decisions and documents
- Inter-American Commission on Human Rights, Missing and Murdered Indigenous Women in British Columbia, Canada (OEA/Ser.L/V/II. Doc. 30/14)(2014) at paras 68-69:
- Committee on the Elimination of Discrimination against Women, Report of the inquiry concerning Canada of the Committee on the Elimination of Discrimination against Women under article 8 of the Optional Protocol to the Convention on the Elimination of All Forms of Discrimination against Women at para X(C)(v):
Native Women’s Association of Canada Documents
- Canada: Senate, Proceedings of the Standing Senate Committee on Human Rights (NWAC witness: Jeannette Corbiere) (6 December 2010) : (beginning at 8:11)
- Canada: House of Commons, Standing Committee on Aboriginal Affairs and Northern Development, Evidence, Bill C-3(NWAC witnesses: Jeannette Corbiere, Karen Green) (13 April 2010)
- Canada: Senate, Proceedings of the Senate Senate Standing Committee on Aboriginal Peoples on Bill S-3 (An Act to amend the Indian Act (elimination of sex-based inequities in registration) (NWAC witnesses: Francyne Joe, Lynne Groulx, and Marilee Nowgesic) (23 November 2016)
- NWAC Commends the Government For Introducing Legislation that Begins the Process of Ending Sex Discrimination in the Indian Act (25 Oct 2016) (Press Release)
- Newsletter on the Subcommittee on Indian Women and the Indian Act(September 1982)
- Canada Jeopardizes Credible Footing For National Inquiry By Delaying On Eliminating Sex Discrimination From The Indian Act (Press Release) (22 Jun 2016)
- Native Women’s Association Of Canada’s Response To Canada’s Seventeenth And Eighteenth Periodic Reports To The Committee On The Elimination Of Racial Discrimination (February 2007):
- Compilation of Summaries of Canadian NGO Submissions to the UN Committee on Economic, Social and Cultural Rights in Connection with the Consideration of the Fourth and Fifth Periodic Reports of Canada March 31, 2006 (E/C.12/36/3) - NWAC submission at 55-56 (2006)
- Affidavit in support of McIvor (2016)
Exploratory Process on Indian Registration, Band Membership and Citizenship 2011-2012)
- Indian and Northern Affairs Canada, Exploratory Process on Indian Registration, Band Membership and Citizenship, Highlights of Findings and Recommendations (2011)
Collaborative Process on Indian Registration, Band Membership and First Nation Citizenship: Consultation Plan (2018- )
- Crown-Indigenous Relations and Northern Affairs Canada, Collaborative Process on Indian Registration, Band Membership and First Nation Citizenship: Consultation Plan