unlocked title# metatags# lock#stylesheet# lock#custom# background#&&White&&&&&&&&&& links#Blue&&Purple&&Red&&&&&&&& text#NATIONAL NEWS)ABORIGINALS Subject: MoccTel June 18 07: News: ££Indian status can be traced through mother, court ££Date: Tue, 19 Jun 2007 08:14:42 -0400 ££ ££. June 16, 2007 GLOBE+AND MAIL (METRO) PAGE: A8 ££Indian status can be traced through mother, court rules ££BILL+CURRY> BILL CURRY ££The B.C. Supreme Court has wiped out one of the most contentious aspects of ££the federal Indian Act, striking down part of Ottawa's definition of a ££status Indian and opening the door to hundreds of thousands of new ££applications for native services. The court rejected part of the existing ££legal definition on the grounds that it discriminates against Canadians who ££trace their aboriginal roots through their female relatives rather than ££their father or grandfather. ££ ££The ruling alters the federal law that has long created two classes of ££aboriginals in Canada: the 767,000 who fit the definition of status Indian ££and the several hundred thousand more who don't. ££ ££The 2001 census found 976,000 Canadians who self-identified as aboriginal ££and more than 1.3 million who said they had aboriginal ancestry. ££ ££Many aboriginals who failed in their requests for status will now have a ££much better chance of success, said Beverley Jacobs, the president of the ££Native Women's Association of Canada. ££ ££'This opens the floodgates,' she said. 'I don't think we could have asked ££for a better judgment.' ££Aboriginals with status qualify for prescription drug coverage and can ££apply for postsecondary assistance. ££Status Indians are also exempt from paying taxes on income earned on ££reserves. But Sharon McIvor, who successfully challenged the law with her ££son Jacob Grismer, argued in court that status also carries a huge social ££value in native communities that can mean the difference between acceptance ££or rejection. ££ ££In an interview yesterday, Ms. McIvor, a professor and lawyer who lives on ££the Lower Nicola Indian Band, where she traces her native lineage to her ££matrilineal grandmother, predicted the decision will have a major impact. ££ ££'Conservatively, we're looking at probably 200,000 people [who could now ££qualify for status that did not before the ruling],' she said. Before ££contact with Europeans, many native tribes operated under matrilineal power ££structures in which women were the community leaders. After Confederation, ££male-dominated ruleswere imposed on those communities through the Indian ££Act that meant only men could pass along native status. ££ ££The federal government claimed to have addressed the long-standing ££discrimination in 1985 though Bill C-31, which added about 175,000 more ££people to the Indian registry. But the B.C. Supreme Court said that bill ££did not go far enough and created problems for future generations. ££ ££'I have concluded that the registration provisions embodied in [Section 6] ££of the 1985 Indian Act continue the very discrimination that the amendments ££were intended to eliminate,' wrote Madam Justice Carol Ross. 'The ££provisions prefer male Indians and their descendants to female Indians and ££their descendants.' ££ ££Federal government lawyers urged the judge to suspend her decision for 24 ££months to give Parliament time to consult aboriginal groups and draft new ££legislation. Judge Ross rejected that argument, meaning that Section 6 of ££the Indian Act - which is the entire section outlining how someone can ££qualify as a status Indian - 'is of no force and effect insofar, and only ££insofar, as it authorized the differential treatment of Indian men and ££Indian women.' The federal government is still reviewing the ruling and has ££not decided whether to appeal. ££ ££The Assembly of First Nations, which represents status Indians who belong ££to reserves, has been increasingly concerned about the rules governing ££status. The National Chief of the AFN, Phil Fontaine, has warned ££iscrimination against descendants of native women is just one of many ££problems caused by Bill C-31. ££ ££With estimates that more than half of all natives now marry non-natives, ££the current law's 'second-generation cut-off' means an increasing number of ££natives are unable to pass on their status to their children. ££ ££'The McIvor decision puts pressure on the Government of Canada for policy ££and legislative reform. The Government of Canada will no doubt appeal this ££decision,' Mr. Fontaine said in a statement yesterday. The national chief ££of the main off-reserve and non-status group, the Congress of Aboriginal ££Peoples, said the ruling supports his organization's long-standing argument ££that thousands of natives are being unfairly denied access to services. ££ ££'I don't think that the majority of Canadians are aware that there are over ££400,000 non-status Indians in this country who unfortunately can't access ££any programs and services,' said Patrick Brazeau, who urged Ottawa not to ££appeal. 'More and more people are becoming non-status Indians, so it's a ££question of liability and therefore a question of dollar signs.' ££ ££ ££ ££&& font#Arial&&Black&&3&&n&&