Page 69 - Georgina Island
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With the passage of Bill C-31, some sexual discrimination has
been removed from the Indian Act; however, there is some
residual discrimination left, which continues to be challenged.
2. Restoration of Status and Band Membership
Women and any of their children who had status and band
membership but lost it because of sexual discrimination are now
eligible to have their status and band membership restored. The
children of those entitled to restoration of rights are eligible for
the first-time registration of status.
3. Band Control of Membership
The registration of a person’s status under the Act by the
federal government used to give them band membership
automatically and Indian bands themselves had no statutory
role in determining who was recognized as a member of their
own band. Amendments to the Indian Act have changed that.
Indian bands may determine their membership, if they wish, in
accordance with their own band membership rules as long as
those rules are approved by a majority of band electors and
Crown–Indigenous Relations and Northern Affairs Canada.
4. Elimination of Enfranchisement
All forms of enfranchisement have been eliminated from
the Indian Act by passage of Bill C-31. Persons who were
enfranchised under S.109(1) of the Indian Act for any reason—for
instance, those who gave up status and their band membership
for the right to vote or to join the armed forces—are now
eligible to have their status restored. Their children are also
registered as a person with status within the meaning of the Act.
4. Numbered Treaties
Historical Perspective
The Canadian government wished to finalize and consolidate
agreements between First Nations and the Crown in terms of
the ownership and land use in order to legally clear the way for
expansion and settlement of Canada. Many treaties were signed
with different First Nations covering the rich farming lands along
the North shore of Lake Ontario. Often these treaties were given
numbers and not names (e.g. Treaty 3). The “Indians” involved did
not initiate treaties nor did they greatly influence the terms.
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