Artifact 6: Indian Act, Bill C-31

Previous versions of the Indian Act revoked an Indigenous woman’s status as an Indian if she married someone without Indian status. When Bill C-31 amended the Indian Act in 1985 to remove the sexist policies, there were many issues that Indigenous women discussed.

There was a second generation cut-off, meaning that after two generations of having no Indian status, the third generation would not be recognized as Indian. Indigenous women were still at a disadvantage. There were also paternity issues. Women were required to state the status of the father, which was difficult for women who did not want to formalize a relationship with the father or because the father’s name was not on the child’s birth certificate. This meant that their children would not be guaranteed Indian status.

This important event in Indigenous history shows that Indigenous women were active in political issues that concerned them. They demonstrated that they were part of the discussions involving issues that affected their communities. Indigenous women fighting against the initial passing of Bill C-31 highlights that, even after centuries of being pressured under male European rule, Indigenous women still held much political importance in Canada.

Bibliography:

Jordan, Elizabeth. 1996. “Residual Sex Discrimination in the Indian Act: Constitutional Remedies.” Journal of Law and Social Policy 11 (1): 213-240. https://doi.org/10.60082/0829-3929.1101

Native Women’s Association. 2007. “Aboriginal Women and Bill C-31: An Issue Paper.” Bora Laskin Law Library, Other Discussions of the Bill. https://web.archive.org/web/20161209194942/http:/www.laa.gov.nl.ca/laa/naws/pdf/nwac-billc-31.pdf