Feds Invite Input On Indian Act Changes

Feds Invite Input On Indian Act Changes

Tuesday, August 25, 2009 at 12:53

 

 

Aboriginal groups across the country are being invited to talk with the federal government about proposed changes to the Indian Act.

 

Ottawa plans to amend the legislation after a B.C. court recently ruled that certain provisions in it discriminate against descendants of women who marry non-Native men.

 

Under terms laid out in the Indian Act, children from such marriages are unable to pass on Indian status to their own children.

 

Sharon McIvor sued the government in 1989 over that clause, and won her case this past April.

 

Margot Geduld, who speaks for Indian Affairs, says the court ordered changes to be made to the act before next spring.

 

She says that means Indian Affairs has to hear from interested parties, finalize its position, develop legislation and then have it passed in parliament within the next eight months.

 

She describes that as a tall order.

 

“The Court of Appeal has suspended its declaration of ‘invalidity’ for 12 months, so that’s an extremely short timeline for the parliamentary process that’s required to amend legislation, and to engage and inform stakeholders,” Geduld says.

 

According to a discussion paper released by the department, Indian Affairs believes the amendments could result in the registration of 20,000 to 40,000 new treaty Indians under the Indian Act.

 

Those numbers are well below some of the figures used by First Nations chiefs.

 

Earlier this summer, one leader from Ontario said he believes as many as 400,000 people may qualify for citizenship if new legislation is passed.