Friday, February 20, 2015

Genocide? Murder? Criminal Negligence? Or Passive Indifference? Canada is Killing Our People


Racism doesn't just hurt our feelings - racism kills. The two senseless deaths of First Nations children in a house fire in Makwa Sahgaiehcan First Nation in Saskatchewan from an unpaid bill of less than $4,000 has sparked outrage across Canada. In no other place in Canada would an ambulance, fire fighter or police officer ask a provincial resident if they had paid their taxes before answering an emergency call for help. Canada has a deep-seated racism problem which is killing our people. But to truly understand Indigenous outrage and sadness, one must understand both the context and true depth of this problem in Canada.

In the mid-1700’s, colonial governments in what is now Nova Scotia considered the Mi’kmaw Nation to be “rebels” because we refused to give up our land. As a result, Governor Cornwallis issued a scalping proclamation that decimated the Mi’kmaw Nation by as much as 80%. In 1971, Donald Marshall Jr., was sentenced to life in prison for murder and spent 11 years in jail before his wrongful prosecution was exposed. A subsequent Royal Commission found the reason for his imprisonment was racism against Mi’kmaw people by all levels of the justice system.

In 1999, the Supreme Court of Canada confirmed that the Mi’kmaw right to fish and trade it commercially was protected in our constitutionally-protected treaties. The result? Canada sent in law enforcement to beat, pepper spray and run over our fishing boats – in addition to legal charges. In 2013, Elsipogtog First Nation and other members of the Mi’kmaw Nation who supported their anti-fracking stance in Mi’kmaw territory were labeled “terrorists”, “militants” and “bad Indians”. The scalping law was not used but our people were beaten and imprisoned.

From small pox blankets and scalping bounties to imprisonment and neglect – Canada is killing our people and Canadians will be next if nothing is done to change the value (or lack thereof) that we collectively put on human life – all human life. This dictatorial, police state is not what newcomers to Canada had in mind when they came to Canada. A territory shared with Indigenous Nations based on formal agreements (treaties) and information agreement (alliances) were founded on three principles: (1) mutual respect, (2) mutual prosperity and (3) mutual protection. Indigenous peoples, their families, communities and Nations protected and cared for newcomers. Our people fought in Canada’s world wars to protect our shared territory and people. Now it’s time for Canadians to stand up for Indigenous peoples.

In 1971, Helen Betty Osborne was kidnapped and murdered in The Pas, Manitoba. Her grieving friends and family were treated like criminals while the accused men were given the royal treatment by law enforcement and left to walk free for years. This wasn’t the first time our Indigenous women and little girls have been victims of a racist Canada, but no action was taken. Today, Canadians are well aware of the thousands of Indigenous women and little girls have gone murdered and/or missing in Canada. Yet, there is no sense of alarm in Parliament, nor has the Canadian state taken any steps to work with First Nations to embark on an inquiry or implement an emergency action plan.  

By 1996, the last residential school had closed which was supposed to mark an end to the theft of Indigenous children from our Indigenous families, communities and Nations. Literally thousands of Indigenous children were victims of murders, rapes, tortures and medical experiments – and upwards of 40% never made it out of some of those schools alive. The legacy of thousands of our children who died as a matter of state law and policy should at least have included a promise to stop stealing our children. Today, we have more than 30,000 Indigenous children in care and growing. The problems have not stopped – they are getting worse.

The use of small pox blankets on our people to try to kill us off faster has been described by medical doctors as the first example of “biological warfare” during non-war times. Indigenous women and little girls were forcibly sterilized without their knowledge and consent for decades in an effort to stop us from reproducing. The Canadian state does not need to use such blatant policies to reduce our populations anymore – willful neglect has the same lethal effect. Federal, provincial and municipal governments are standing by while our people die. This is not an “Indian problem” – this is a Canadian problem that impacts every single Canadian and our collective future.

In 2005,  Jordan River Anderson, a little boy from Norway House Cree Nation with many medical issues, died in hospital at 5 years old never having seen his home because the federal and provincial governments couldn’t stop arguing over who would pay. In 2008, Brian Sinclair, a double amputee, whose family had roots in Berens River and Fort Alexander First Nations, died after waiting 34 hours in a hospital waiting room waiting for treatment for a bladder infection – while nearly 200 people passed him by – including staff who wrongly assumed he was “sleeping it off”.

The former Auditor General for Canada raised the alarms about discriminatory funding and the failure by Indian Affairs to take action on programs that would significantly impact the lives of First Nations. The Office of the Correctional Investigator has called the increasing over-representation of Indigenous peoples a crisis that needs to be addressed. The United Nations Special Rapporteur has made numerous recommendations on how Canada can address this multi-faceted crisis in First Nations. But Canada fails to take action.

Despite Canada’s failure to act, First Nations continue to try to raise the alarm bells on this lethal situation. A failure to address the chronic underfunding has led to First Nations being 10 times more likely to die in a house fire than Canadians. Indian affairs own report done in 2011 indicated that a minimum of $28 million dollars was needed to prevent deadly fires in Manitoba alone – yet all 633 First Nations in Canada only get $26 million.

Canada sits back and watches our people die needless deaths while we struggle to heal our families and communities, to rebuild after the theft of our lands and resources and to resist ongoing attempts to assimilate and eliminate us. The herculean effort at the grassroots level to protect our people is made more difficult by state propaganda that would blame us for our own misery, or deflect media attention by vilifying our leaders. Now Bill C-51 will make those of us who speak out against such inhumanity all “terrorists”. Then who will defend this territory?

The Chief Coroner for Ontario released an especially rare and powerful report in 2011 on the child suicide epidemic in Pikangikum First Nation which had declared a state of emergency – a desperate call for help that went unanswered by Canada. Within a two year period between 2006 and 2008, 16 children between the ages of 10-19 committed suicide. 16 children died – not from accidental car crashes or unpreventable diseases but because the “basic necessities of life are absent” in Pikangikum who struggles to heal and survive amidst the “backdrop of colonialism, racism and social exclusion” and government neglect.

16 little First Nation children committed suicide because the Canadian state creates and maintains the conditions of life that will either kill them or make them so hopeless they will kill themselves. That’s the UN definition of genocide.

In the words of the coroner, this “was not a story of capitulation to death, but rather, a story of stamina, endurance, tolerance, and resiliency stretched beyond human limits until finally, they simply could take no more.”

In what vision of Canada are the ongoing deaths of our people ok? We need Canadians to stand beside First Nations and support us as we defend the health of our lands and waters as well as the rights and freedoms of Canadians. This should not be our burden to bear alone anymore. Help us turn this ship around before we lose any more precious children.

#StopBillC51 #RacismKills #Genocide #FirstNationsLivesMatter #foodfor7gens #mmiw

P. Palmater, Genocide, Indian Policy and legislated Elimination of Indians In Canada (2014) vol.3, no.3, Aboriginal Policy Studies 27-54.
http://ejournals.library.ualberta.ca/index.php/aps/article/view/22225/pdf_22

P. Palmater, Stretched Beyond Human Limits: Death by Poverty in First Nations (2011) No.65/66, Can. Rev. of Social Policy 112-127.
http://pi.library.yorku.ca/ojs/index.php/crsp/article/viewFile/35220/32057



Wednesday, February 11, 2015

Bill C-51 The Anti-First Nation, Environmentalist, Scientist and Bird-Watcher Act


 
Prime Minister Harper’s Conservative government has introduced Bill C-51 The Anti-Terrorism Act, 2015 which it claims is needed to protect Canadians from terrorism. Experts and commentators have called the bill, which will create a secret police force for Harper: terrifying, illegal, unconstitutional, dictatorial and totalitarianism. In case you don’t know what totalitarianism means, it’s a term usually reserved for fascist (extremist or dictatorial) leaders that lead a centralist government that does not tolerate differences of opinion and tries to exercise dictatorial control over many aspects of public and private life – including thought. Voila: Bill C-51.
 
The media reports that the Liberals and NDP have all but acquiesced to the bill and will only offer mild resistance in the form of suggested amendments. They may even call for some oversight, but will not challenge the massive violations of Canadian rights, liberties and freedoms which are enshrined in the Canadian Charter of Rights and Freedomsand constitutionally protected. And this is how it happens. Dictators throughout history have only been able to do what they did to their citizenry because they were permitted to do so. No single man has the power to destroy a country governed by the people for the people – unless the powerful people around the dictator allow it to happen.

In a world where Canada used to pit environmentalists, scientists, doctors, teachers, and even bird-watchers against First Nations who peacefully defended their lands, Idle No More helped bring us together. As treaty and territorial allies, First Nations and Canadians face a formidable foe and threat to our collective futures. Idle No More raised awareness about the break down in democracy in general and human and Aboriginal rights specifically. Hundreds of thousands of people across Canada rose up against Bill C-45 – the large, unconstitutional omnibus bill pushed through Parliament without debate which threatened our lakes and rivers. This time, the threat is personal – any one of us could go to jail for thinking or voicing our opinions.
 
 
I originally hesitated to include this chart in my blog, but I think we all need a reminder of the freedoms upon which Canadian democracy rests – for without them, Canada descends into the lethal, dark hole of a deadly, dictatorial police-state.

CHARTER
RIGHTS, FREEDOMS or LIBERTIES PROTECTED
2(a)
Freedom of conscience and religion
 
2(b)
Freedom of thought, belief, opinion, expression
 
2(c)
Freedom of peaceful assembly
 
2(d)
Freedom of association
 
6
Right to enter, remain in and leave Canada
 
7
Right to life, liberty and security of the person
 
8
Right to be secure against unreasonable search or seizure
 
9
Right not to be arbitrarily detained or imprisoned
 
11(b)
Everyone charged with an offence: right to be tried in a reasonable time
 
11(d)
Everyone charged with an offence: innocent until proven guilty
 
15
Everyone is equal before and under the law
 
25
Charter can never be interpreted to deny Aboriginal & treaty rights
 


All of these rights, freedoms and liberties will be suspended with Bill C-51. This bill creates what has been described as Harper’s "Secret Police force" with terrifying expanded powers. The purpose of the bill is to eliminate any “threat to security of Canada” which includes any activity that undermines the sovereignty, security or territorial integrity of Canada. It also includes some of the following:

-          interference with the administration of justice;
-          interference with diplomatic relations;
-          the economic or financial stability of Canada;
-          terrorism; and
-          interference with critical infrastructure.
.
  
The specific powers granted under the bill greatly expand the powers of CSIS (Canadian Security Intelligence Service) from an organization that collects and analyzes information related to security – to one which can take law enforcement action. They are further empowered to take measures against anything they deem to constitute a threat to Canada – inside or outside of the country. Additional anti-terrorism powers under the bill include:

-          Materials deemed to be terrorist propaganda can be seized or removed from a website;
-          Standards of investigation and arrest will be lowered from proof to suspicion;
-          Police may arrest someone if they merely “think” that a terrorist act “may” be carried out; and
-          Deny air transportation to anyone who they “suspect” may be engaging in terrorist activity.

According to security law experts like Craig Forcese and Kent Roach, this new offence of “advocating or promoting terrorism” is not at all clear and Canadians should be extremely concerned about its conflict with the Charter of Rights and Freedoms. One of their concerns is that it gives the police “substantial and unusually invasive powers” to be exercised under their own discretion. A significant change from offences against the promotion of hatred, is the fact that anti-terrorism applies to statements made in private and implies extensive wire-tapping. They fear this bill will result in “speech chill” – the fear to exercise our right to free speech.

 
For First Nations, this completes the circle of criminalizing every aspect of who we are as Mi’kmaw, Maliseet, Mohawk and Cree Nations. When they made it against the law to be a Mi’kmaw person, our population was reduced by 80% for the scalping bounties placed on our heads. When speaking our languages and practicing our culture was considered anti-Canadian, they enacted laws to outlaw our ceremonies and killed upwards of 50% of our children they forced into residential schools. When we refused to die off, they forcibly sterilized our Indigenous women and girls without their knowledge and consent to reduce our populations. Standing by and watching our Indigenous women and girls go murdered and missing was a gross violation of our right to life by the RCMP, provincial police and Canadian governments.
  
When we survived, Canada made our traditional way of life a criminal act – hunting, fishing, trapping and gathering became criminal or regulatory offences which landed us in jail, resulted in beatings by the RCMP and/or our gear, vehicles and boats were seized. The defense and protection of what little lands we have left resulted in Canada bringing out the RCMP and army to stop our people. When we drummed and danced in Idle No More, we became the targets of illegal monitoring, publicly vilified and categorized as radicals, militants and terrorists. Now, our very voices, our private discussions and even the defense of our sovereignty is now an act of “terrorism”.
 
 
We warned Canadians, that what happens to First Nations under Harper’s dictatorial regime is just a sign of things to come for Canadians. To Canadians who value their freedoms, the beauty and bounty of our shared lands and waters, and the peaceful right to live the good life as you see fit – everything is about to change. Canadians will, for the first time, be treated like First Nations people - without the protection of their basic rights, freedoms and liberties. Even someone who re-Tweets or reposts a comment made by someone else on Facebook could potentially be captured under this sweeping legislation. Our ideas themselves will now be criminalized. Our private lives and opinions will be invaded, monitored and criminalized. For Canadians, this is a frightening new turn of events that may well override our basic human rights, liberties and freedoms – an end to Canada as a democracy as you’ve known it.

Our decades long experiences with murdered and missing Indigenous women and girls, Starlight tours and the deaths of our Indigenous men while in police custody, the wrongful shootings of our unarmed peaceful protestors, the over-imprisonment of our Indigenous men and women, and the palpable fear many of us have of law enforcement will be part of the Canadian reality unless we stop this Bill now. We are allies in this territory. First Nations fought alongside Canadians in many wars to protect these lands. We lived up to our treaty obligations to protect you and be your allies. Now it’s time for Canadians to stand up and restore this treaty and allied relationship - and protect our collective rights.

Canada has violated First Nations’ constitutionally protected Aboriginal and treaty rights and basic human rights for decades. If we do not stand together now, this is what Canadians have to look forward to for their children. Please act to stop Bill C-51 now – before it becomes an act of terrorism to even speak about.
 
 
#stopBillC51 #rise #standup #idlenomore #INM #mmiw #foodfor7gens
 
 
 
*pictures linked from Google Images - copyright rests with individual sites.

Tuesday, November 25, 2014

Myth of the Crooked Indians: C-27 First Nations Financial Transparency Act


Can you think of any Prime Minister, President or World Leader that would withhold food, water, or health care as a bullying tactic to force its citizens into compliance with a new government law, policy or scheme? Can you ever imagine this happening in Canada? I don't think most of us could.

Yet, this is exactly what is happening with Harper's implementation of the illegal C-27. Minister Valcourt has threatened to cut off funds for food, water and health care if First Nations do not get in line and abide by this new legislation - despite the fact that it was imposed without legal consultation and is now being legally challenged. How many First Nations children will have to die for Harper to sit down and work this out with First Nations?

Bill C-27 (formerly C-575) First Nation Financial Transparency Act (FNFTA) is the classic deflection tactic by Harper’s Conservatives to distract Canadians from the extreme poverty in many First Nations and Canada’s role in maintaining those conditions. The solution to chronic underfunding of essential human services like water, food, and housing lay not in more legislation, but in addressing the problem: the underfunding. Presenting accountability legislation as the solution implies that First Nations are the cause of their own poverty – a racist stereotype Harper’s Cons use quite frequently to divide community members from their leaders and Canadians from First Nations.

This racist stereotype is recycled again and again when Harper is pressed to account for the fourth world conditions in some First Nations. The response always seem to be: “Well, we gave them x million dollars, where did all the money go”? What Harper never tells Canadians is that in giving First Nations x million dollars, that he has given them half of what is needed to provide the specific program or service. Without all the facts, this propaganda serves to distance Canadians from First Nations.

In the last couple of years, Harper has been hit hard in the media about Canada’s persistent failure to address the basic needs of First Nations. The following high-profile poverty-related crises in First Nations meant that Harper needed some instant damage control and distraction – which he got with C-27:

- Cindy Blackstock’s discrimination case for inequitable child and family service funding to First    Nations kids in care;
 - Numerous housing, water and suicide crises and states of emergency in individual First Nations;

- Auditor General’s numerous findings related to inequitable funding in housing, water and education;

- RCMP’s report about over-representation of murdered and missing Indigenous women; and

- United Nation’s finding that Canada’s human rights violations leads to “abysmal” poverty in First Nations despite Canada’s enormous wealth;

The Cons also use third parties, like the Canadian Taxpayers Federation, to advance their racist propaganda and deflect from the real issues. How many times have we heard the phrase “millionaire chiefs” or “exhorbitant salaries”? Yet there has never been a millionaire Chief in the history of Indian Act Chiefs. Canada has failed to show where any Chief ever received a million dollar salary from federal funding.

But let’s pretend all 633 Chiefs in Canada got million dollar salaries (which they do not). That would mean $633 million dollars a year in salary to Chiefs. The annual budget for First Nation programs and services is approximately $10 billion.  It would be pretty hard to argue that 6% of the budget going to give all Chiefs a million dollar salary would be the actual cause of First Nation poverty.

We simply can’t have this conversation around accountability without the facts. The facts are this: the average Canadian salary is $46,000/year. The average elected First Nation leaders’ salary is $36,000/year. Yet, there are numerous municipal librarians making $100,000 a year to manage books, while First Nation leaders must manage human lives.


But why are we even talking about salaries when we should be talking about funding First Nation food, water and housing? That’s because of C-27 FNFTA and all the media hype around an alleged lack of transparency in First Nations. There are critical problems with this legislation which make it both unconstitutional and illegal: (1) it was done without legal consultation, accommodation and consent of First Nations and (2) it’s a direct interference with inherent First Nation jurisdiction;  and (3) it violates their internationally-protected First Nation right to be self-determining.


FNFTA states that its purpose is to “enhance the financial accountability and transparency of First Nations” – which presumes, of course, that this is lacking. The Act itself provides that:

- financial statements must be audited yearly;

- it must include a schedule of salaries and expenses of Chiefs and Councillors;

- Canada can publish the information on the Internet; and

- Copies of the audits must be provided by First Nations to their band members.

These may seem like harmless provisions, except when you realize that First Nations already have to submit audited financial statements every year, or their funding can be cut off. First Nations band members have always had the right to obtain copies of their First Nation audits – either directly from the First Nation or from Indian Affairs.

What’s not obvious in this Act or its associated rhetoric, is that First Nations are the most accountable governments on the entire planet! The Auditor General has made very disturbing findings about the level to which First Nations must report on their federal funding – a “burdensome” 60,000 reports a year! That’s over 95+ reports per First Nation every year or one report every 3 days. The Auditor General even found that many of these reports are not even read by federal bureaucrats. So what’s the problem?


Enacting FNFTA seems more like an exercise in smearing First Nation leaders, than addressing any real glaring omission in accountability. And, with the Harper government, there is always a hidden gem. While he is turning community members against their leaders and distracting Canadians from the real issue of underfunding, here is what Harper is REALLYdoing in this Act:

- reporting of any salary, income or expenses of Chiefs and Councillors made in the PERSONAL capacity;

- First Nations must make their audits accessible to the PUBLIC on the Internet for at least 10 years;

- refusal by a First Nation to comply with any of these provisions means Canada can CUT FUNDING.

So let’s look at each of these provisions more closely.

Personal Income:

Imagine if any political leaders in Canada had to report their personal wealth in addition to the salary of their public office. Prime Minister Harper is the 6thhighest paid political leader in the world with a salary of approximately $300k/year. Harper not only makes 7 times what the average Canadian makes, but makes far more than other world leaders with much larger populations and economies.


But let’s forget about his salary for a minute. What is Prime Ministers and federal politicians had to publicly disclose their PERSONAL wealth? Then we are no longer talking about over-paid Prime Ministers, we are talking about million dollar Prime Ministers. Stephen Harper’s personal wealth has been estimated at $5M. Former Prime Minister Paul Martin is in the hundreds of millions. Why the double standard?  Why did so many federal MPs refuse to disclose their own expenses? I agree there is an issue of accountability in Canada, but it’s with the federal government, and not First Nations.

Public Access:

The other issue is about accountability and to whom? This act makes First Nations accountable to the Minister first, the Canadian public second, and lastly to their band members. This Act does nothing to improve accountability of leaders generally to their membership. In fact, band members will not get any information that they were not entitled to previously. What is new is that the Canadian public has a NEW right to access that information. One has to wonder why that is the case. Canadians don’t participate in First Nation governments, they don’t vote for the leaders, and they certainly don’t pay for their programs and services – despite that persistent myth.

There is no reason for Canadians to have access to this information – especially any information related to First Nation PERSONAL financial information. Some lawyers have even argued that this Act creates not only a double and higher standard on First Nations than on Canadian politicians; but also violates their legal privacy rights. There is simply no need for this piece of the legislation.

Cutting Funding:

Here is the real issue. Harper’s bully government has been meticulous in designing heavy-handed, paternalistic legislation with extreme-force compliance mechanisms built in and FNFTA is no exception. If First Nation do not or cannot comply, they can have all of their funding cut. We are not talking about funding for Ottawa-type expenditures like summer tulips, Canada Day fireworks, or international trips – we are talking essential human services like food, water, heat and housing. As temperatures reach -40 degrees in the north right now, this could be disastrous.


Many Idle No More grassroots citizens, Indigenous lawyers, academics, activists and leaders have come out against this legislation – not because any of us are against the general principle of open, accountable and transparent governments, but because Canada has no right to interfere in the governance of our Nations for any reason. We have never surrendered our sovereignty or right to govern ourselves. In 1997, Canada even recognized as a matter of policy, that our right to be self-governing is constitutionally protected.

I know there have been some bad individual leaders during our time.  I know that some individual communities struggle with internal leadership issues. But that’s not all our communities.

I also know that we have all suffered many generations of colonization, inter-generational trauma from residential schools, and the impossible choices forced upon our leaders in managing extreme poverty.

We have so many problems because of the systemic racism, assimilatory government policies, chronic underfunding, failure to implement our treaty and Aboriginal rights; lack of access and control over our lands and resources; and federally-imposed laws which tell us how to govern.

One bad leader does not justify calling in the colonizer to further control our communities. Our Nations thrived here since time immemorial and our Nations will continue for many more millennia. We can survive and heal from colonization, just as we can get past any one bad leader. We simply can’t let Harper’s racist propaganda divide us. He wants community members to invite him in to control their communities – but once he’s in, it will be difficult, if not impossible, to get him back out.

Say no to FNFTA and stand with those First Nations who are resisting its illegal imposition on our communities.


#rise   #idlenomore   #warriorup   #sovereignty   #No2FNFTA

Monday, October 20, 2014

Lynn Gehl v. Canada: Unstated Paternity and Indian Status

 
Lynn Gehl
(Google images)

Lynn Gehl v. Canada: Unstated Paternity and Indian Status
 
Dr. Lynn Gehl is a First Nations woman who is grounded in the traditional Indigenous knowledge of her Algonquin Anishinaabe culture and tradition. Gehl’s family originates from the Algonquins of Pikwakanagan (formerly Golden Lake Band) in Ontario. Yet, despite her connection to her culture, her Algonquin upbringing, and her ancestral ties to her First Nation, Gehl is denied legal recognition as an “Indian” by the federal government.
 
But just like Mary Two-Axe Early, Jeanette Corbiere-Lavell, Yvonne Bédard, Sandra Lovelace and Sharon McIvor before her, Gehl is not taking no for an answer. After more than twenty years of applications, protests and appeals, Gehl is headed to court.

Mary, Jeannette, Yvonne, Sandra, Sharon
(lynngehl.com and Google Images)

Mary Two-Axe was a well-known advocate who challenged Canada's discriminatory Indian Act which took Indian status away from Indian women if they married a non-Indian. Jeanette-Corbiere Lavell and Yvonne Bédard took Canada all the way to the Supreme Court of Canada to challenge these marrying-out provisions and lost. This gave Sandra Lovelace the opportunity to go straight to the United Nations and argue her case and win. The United Nations decided that Canada cannot enact legislation that denies Indian women and their children the right to enjoy their culture together with their communities.

However, the Bill C-31 amendments, while reinstating some Indian women, still discriminated against many others. Sharon McIvor dedicated 25 years to the court system to challenge this residual discrimination. She also won, but the court left it up to Canada to amend the Act. This resulted in Bill C-3, which remedied some of the discrimination for Indian women, but added more discriminatory provisions to the Act, which forced McIvor to take her case to the United Nations as well. While we wait for the decision in that case, Lynn Gehl has put in over 20 years trying to seek justice for Indian women and their children in terms of unstated paternity.

Today (Monday, October 20th) Gehl and her legal counsel, Christa Big Canoe from Aboriginal Legal Services Toronto, will appear before the Ontario Superior Court to argue that the Indian Act rules around who is an “Indian” are discriminatory on the basis of race, marital status and/or gender. The Indian Act, and the means by which the federal government applies the act to Indian children whose fathers are unknown, results in them receiving a lesser form of Indian status, or no status at all. 

Gehl’s case focuses on what is known as unknown or unstated paternity – Aboriginal Affairs and Northern Development Canada's (AANDC) policy to automatically presume that an unknown or unstated father is a non-Indian - even if the father is, in fact, an Indian. Unstated or unknown paternity manifests in a variety of ways. For example, AANDC will unilaterally determine that the father is non-Indian if:
 
-          an Indian mother does not know the name of the father;

-          the father refuses to acknowledge paternity of the child;

-          the father refuses to sign the birth certificate and/or  Indian registration form;
 
-      the mother does not have the money to complete and file all vital statistics forms; there may be difficulty meeting time-lines for remote First Nations women who must fly into hospitals to have children;

-          the underage mothers may have privacy concerns related to paternity in smaller communities; and/or

-          an Indian mother refuses to name the father (due to incest, rape, domestic violence).

AANDC is not legally required to process applications with the presumption that an unstated father is a non-Indian. This is a clear policy choice made by AANDC to reduce the number of Indians over time. Prior to 1985, there was a legal presumption of Indian paternity for unwed mothers – there was no mad dash to try to scam the system and register non-entitled children. Thus, there is no reason why AANDC cannot presume Indian paternity in the absence of documentation. At the end of the day, the child is born to, will live with and be raised by his/her Indian mother, family and community. 

However, such a policy does not correspond to Canada's ultimate objective regarding Indians. AANDC’s policy objective has always been “the final solution of the Indian problem” i.e., to ensure “there is not a single Indian in Canada”. In fact, Canada is the last remaining country to determine who is an Indigenous person based on racial characteristics (descent through male blood). It is a racist formulation based on outdated views about biological characteristics of "races" and debunk sciences like eugenics and phrenology which sought to eliminate "undesirable" human populations.

AANDC is the federal government department which created the rules to determine who can be registered as an Indian (status). Indian status confers not only program benefits like education and health care, but also determines who can be a band member; live on the reserve; vote or run for office in a First Nation; and often who is and is not a treaty beneficiary. Just like Canadian citizenship determines whether or not a Canadian can access education and health services from their province, Indian status determines eligibility on the federal side. So, its not that Indians get anything "more" from status in terms of programs, its just the source of the benefits.

AANDC has done an incredible job of misinforming Canadians about the impacts of registering Indians. They often make comments about "floodgates" (i.e. everyone will become an Indian) and "costs" (this will be burden on taxpayers). The truth is, in terms of registrations, it would not have a significant impact.. While the Bill C-31 population projections (Indian women being reinstated to Indian status) ranged from 20-40% increase, the projected increases for unstated paternity are relatively small - approximately 2%. This does not substantiate the fear-mongering around population increases.

Similarly, if the only concern here is money - there is no increased burden on taxpayers. For every person that is registered as an Indian they will get less money for education, health care, housing, food, water, and less child and family services. Status Indians are the most impoverished people in Canada. Plus, its the wealth from Indigenous lands and resources that pay for our programs and services and also subsidizes the programs and services of Canadians - not the other way around. Therefore, there is no financial argument to made against affording equality to Indian women and their children.


This federal policy purposefully, systematically and disproportionately impacts Indigenous women who are most often the primary caregivers of their children and statistically more likely to live in poverty. This is especially true of young, teenage Indigenous mothers – 80% of whom were found to live in households making less than $15,000 a year. These mothers, often lone parents, depend on the federal programs and services associated with Indian status to care for their children. 

Gehl is relying on section 15(1) of the Canadian Charter of Rights and Freedoms which guarantees equal benefit of the law without discrimination based. While section 6 of Act may on its face, appear to apply equally to Indian men and women, in reality, AANDC interprets and implements it in a gender-biased manner, which has a substantial and disproportionate impact on Indian women and their children whose paternity is unknown. The fact that AANDC interprets the Act so as to prejudice the descendants of unwed Indian women discriminates against them on the basis of marital status as well.
 
Section 6 is a modern manifestation of historical discriminatory views of Indian women based on race, gender and marital status that should have been repealed decades ago.

Gehl, who has five continuous generations of Indian lineage on her paternal side, will argue that she should be registered as an Indian. She will also seek a declaration from the court that Section 6 of the Indian Act:
 
(1)   Discriminates against applicants born out of wedlock;

(2)   Discriminates against applicants who do not know their paternity; and

(3)   Be applied so as not to disadvantage the descendants of individuals whose paternity is unknown.

Other recommendations for change from Indigenous women have included:
 
-           Amend the Act to permit registration based on one parent’s registration;

-           AANDC should discontinue its discriminatory interpretation and implementation of the registration provisions;

-           AANDC should specifically eliminate the unstated paternity policy;

-           Remove administrative and financial barriers to timely and accurate birth registrations;

-           Provide legal and social protections to young mothers to protect their rights to privacy, personal safety and registration of their children.
 
Gehl, like Sandra Lovelace and Sharon McIvor have spent decades in the courts fighting for their right to belong. It’s time Canada afforded equality to all people – including Indigenous women.

Selection of sources on Unstated Paternity:
 
Lynn Gehl personal website
 
P. Palmater, Beyond Blood: Rethinking Indigenous Identity (Saskatoon: Purich Publishing, 2011).
 
M. Mann, Indian Registration: Unrecognized and Unstated Paternity (2013)
 
M. Mann, Disproportionate and Unjustifiable: Teen First Nations Mothers and Unstated Paternity Policy (2013)
 
L. Gehl, Indian Rights for Indian Babies: Canada's "Unstated Paternity Policy" (2013)
 
National Aboriginal Women's Association, Aboriginal Women and Unstated Paternity (2007)
 
S. Clatworthy, Indian and Northern Affairs Canada, Factors Contributing to Unstated Paternity (2003)
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