MANITOULIN—Anishinabek Nation Grand Council Chief Patrick Madahbee says that Anishinabek people will be going forward with its own citizenship law.
“We as Anishinabek people should be defining our own lineage and our working on our own citizenship laws,” stated Chief Madahbee last week. His statement comes after the Honorable Carolyn Bennett, Minister of Indigenous and Northern Affairs, announced the introduction of a bill in the Senate intended to eliminate known sex-based inequities in the registration provisions of the Indian Act. Bill S-3, An Act to amend the Indian Act, is in response to the Superior Court of Quebec decision in the case of Descheneaux et., v. Canada. The Bill proposes legislative amendments to the Indian registration provisions of the Indian Act to address historic inequities in how men and women acquire and transmit Indian status.
The Government of Canada recognizes that there are a number of issues relating to registration and Band membership under the Indian Act, a release notes. That is why in summer 2016, the government launched a two-staged approach in response to the Descheneaux decision and to address the concerns of First Nations and other Indigenous groups. This Bill represents only stage one of this approach.
The release explains, as part of stage one, engagement sessions were held with First Nations and other Indigenous groups over the summer to discuss the proposed legislative approach on the amendments to the registration provisions of the Indian Act. Engagement sessions on the proposed legislation are ongoing. During stage two, to begin in February 2017, a collaborative process with First Nations and other Indigenous groups will be launched to examine the broader issues relating to Indian registration, Band membership and citizenship.
“The elimination of sex-based discrimination in the Indian Act has long been fought for by many courageous Indigenous women. Our government is committed to honouring their work by introducing legislation provisions of the Indian Act,” said Ms. Bennett in the release. “However, our shared goal is to work together to move beyond the Indian Act, based on the recognition of rights, respect, cooperation and partnership.”
“I made a statement to the Chiefs of Ontario, which talks about talks about our sessions with INAC and how many times the government has attempted to do things to fix the Indian Act,” said Chief Madahbee. “But as Anishinabek people, we should be defining our own lineage and having our own citizenship laws and we are progressing toward this.” He said under the government’s proposals, as more Anishinabek people pass on, it will make it more difficult for Anishinabek people in their communities to qualify as status Indians.
“As long as one person’s parents were First Nation, they should have this status,” said Chief Madahbee. He said First Nation peoples inherent rights include jurisdiction of Anishinabek Nation citizenship and this rests with the Anishinabek Nation. “We will, on our own, determine who our people are.” He explained the Anishinabek Nation Citizenship Law development had started in 2007. Under this, every citizen of an Anishinabek First Nation is an Anishinabek Nation person. They are an Anishinabek citizen if they can trace their descent through at least one parent to the original people of an Anishinabek First Nation; have at least one aren’t who is a member currently registered with an Anishinabek First Nation or can trace their descendancy through at least one parent to a status Indian who is registered or entitled to be registered with an Anishinabek First Nation.
“I’m sure the government will fight us on this issue. Time will tell if there is the political will to do this,” he added.