Aboriginal Women’s Rights
Bill C-3: An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs)
In 2009, the British Columbia Court of Appeal released its decision in McIvor v. Canada (case details here), finding that the sections of the Indian Act that determine Indian status constitute sex discrimination and are thus contrary to s. 15 of the Charter. The Government was provided one year to rectify the situation. In March 2010, Minister of Indian and Northern Affairs, Chuck Strahl, introduced Bill C-3, An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs). Bill C-3 was purportedly intended to “fix” the discrimination found in the Indian Act. Sharon McIvor, a CURA community research associate, alongside CURA community partners Gwen Brodsky and Shelagh Day, challenged Bill C-3 on the basis that it continues the discrimination against many Aboriginal women as transmitters of status. Discussions were held with opposition MPs and submissions were made to the Parliamentary Committee on Aboriginal Affairs and Northern Development, but the Bill ultimately received royal assent in December 2010.
See also: McIvor v. Canada, Challenging the Indian Act’s sex-based registration scheme
and UN Petition Challenging the Indian Act’s sex-based registration scheme
Formal Submissions:
Sharon McIvor's testimony to the Standing Senate Committee on Human Rights on Bill C-3 (December 6, 2010) at p. 24.
Gwen Brodsky's testimony to the Standing Senate Committee on Human Rights on Bill C-3 (December 6, 2010) at p. 30, 34, 37-42.
Sharon McIvor letter to Members of Parliament regarding Bill C-3 (18 May 2010)
Sharon McIvor’s testimony before the House of Commons Standing Committee on Aboriginal Affairs and Northern Development (13 April 2010) at p. 1, 3-7.
Gwen Brodsky’s testimony before the House of Commons Standing Committee on Aboriginal Affairs and Northern Development (13 April 2010) at p. 3-7.
Media / Presentations:
Sharon McIvor’s Long Hard Road (April 2011)
Shelagh Day, “Because 153 years of sex discrimination is enough” Rabble (21 December 2010)
LEAF, “Women’s Legal Education and Action Fund (LEAF) Calls on the Conservative Government toWithdraw its Opposition to Amended Bill C-3” (5 May 2010)
Shelagh Day & Joyce Green, "Bill C-3 is racist, sexist and fatally flawed" (27 April 2010)
Sharon McIvor, “Aboriginal Women Unmasked: Using Equality Litigation to Advance Women’s Rights” (2004) 16:1 CJWL / RFD 106.