many of the authors’ children an d grandchildren
of their Band membership and right to live On
the reserve. The net result on the Band is a gain
of nine persons, in terms of Indian status, and a
loss of two. In addition, since the Band’s,
proposed membership rules were not approved
by the Minister before 28 June 1987, all persons
acquiring the legal status of Indians are entitled
to Band membership. Another problem arises
with respect to children born after 17 April 1985,
since they may acquire such status only if they
have two Indian parents. The continued
application of Bill C-31 will have an increasingly
negative effect on the authors’ families if their
children marry non-Indians in the same
proportions as their parents. To avoid the
termination of family lines through the operation
of Section 6 (2)of Bill C-31, the authors would
have to arrange all future marriages of Band
members with members of other Bands. This is
said to force them to choose between gradually
losing their legal rights and their reserve land,
and depriving their children of personal freedom
and privacy, which would be incompatible with
the Covenant and the Canadian Charter of Rights
and Freedoms.
band under the Indian Act, she was never
regarded as Shuswap by her husband’s band. As
a result of the original Indian Act, Shuswap
women who married non-Indians were removed
from “band lists “ maintained by the Government
of Canada, thereby losing their rights to live on
lands set aside for Shuswap bands (“Indian
reserves”). In 1951 the Indian Act was amended
to the extent that minor Indian children would
also lose their status if their mother marries a
non-Indian; bands could, however, apply for an
exemption from this rule. Other Shuswaps lost
their Indian Status upon obtaining off-reserve
employment, serving in the Canadian armed
forces, or completing higher education. The
authors conclude that it was Government policy
to remove from Indian reserves anyone deemed
capable of assimilating into non-Indian Canadian
society.
2.4
By virtue of Bill C-31 women who, on
account of their marriage to non-Indians prior to
17 April 1985, had lost their Indian status under
the former Indian Act, together with any of their
children who had lost status with them, could be
reinstated and thus be re- considered band
members. In addition, Bill C-31 authorized the
reinstatement of men or women who were
deprived of their status before 1951 for other
reasons. The children of such persons, however,
were added to a band list only if both parents
were Indians or were entitled to be registered as
Indians. Children born before 17 April 1985 ,
merely required the child’s father (or, if the
parents were unmarried, mother)to have Indian
status.
3.2
Another current problem is that twentyeight persons who are not directly related to the
families now residing on the reserve have applied
for Indian status and Band membership. This
would entail a 50 per cent increase in housing
requirements, which the Band cannot meet. So as
to accommodate new members, the Band would
have to develop a cluster-housing project
requiring new water wells, sewer systems and
power lines, at an estimated cost of $223,000
Canadian dollars. Federal adjustment assistance
under Bill C-31 is, however, extremely limited.
Even if. new members could be housed on the
reserve, there is very little possibility of ensuring
their employment. Cultural problems also arise,
because some of the newcomers have never lived
on an Indian reserve and others have lived offreserve for more than ten years. Considering that
most are single, older adults without children,
their social impact on a community which has
consisted of three to four self-sufficient farm
families would be overwhelming.
2.5
Bill C-31 provides that a band “may
assume control of its own membership if it
establishes membership rules for itself in
writing”. It is submitted, however, that few bands
were able to obtain approval of their own rules
before 28 June 1987, the deadline established by
Bill C-31. The net effect has been that persons
who left the reserves before 1985, together with
most of their children, have been reinstated upon
request, and that all children born out of
interracial marriages after 1985 have been, or
will be, deleted from band lists.
3.3
The
authors
believe
that
the
Committee’s Views in the Lovelace case confirm
that States cannot unreasonably restrict freedom
of association and co-habitation of individual
families, nor of the related families which
comprise an ethnic, religious or linguistic
community. The authors consider that their
The complaint
3.1
The authors submit that two aspects of
Bill C-31 affect them adversely: bringing in new
band members whom the community cannot
house or support, and imposing new standards
for Indian status which will operate to deprive
17
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