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Canada's University llll u Ottawa L'Universitt* canadienne Canada's university Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. FACULTE DES ETUDES SUPERIEURES FACULTY OF GRADUATE AND ET POSTOCTORALES u Ottawa POSDOCTORAL STUDIES I.'University oanadienne Canada's university John Ward M.A. (History) Department of History FACULT¥rECWWARTEMW/^ The Drive for Citizenship: Impacts of Bill C-31 Membership Model, 1985-1996 TITRE DE LA THESE / TITLE OF THESIS Dr. Georges Sioui QIR-e-CTEGR75TrectrT^ EXAMINATEURS (EXAMINATRICES) DE LA THESE /THESIS EXAMINERS Dr. Kenneth Banks Dr. Jeffrey Keshen Gary W. Slater Le Doyen de la Faculte des etudes superieures et postdoctorales / Dean of the Faculty of Graduate and Postdoctoraf Studies Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. The Drive for Citizenship: Impacts of Bill C-31 Membership Model, 1985-1996 by John T Ward, BA Thesis submitted to the Faculty of Graduate and Postdoctoral Studies In partial fulfillment of the requirements for the Masters of Arts degree in History Department of History Faculty of Graduate and Postdoctoral Studies University of Ottawa © John T. Ward, Ottawa, Canada, 2009 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Library and Bibliotheque et 1*1 Archives Canada Archives Canada Published Heritage Direction du Branch Patrimoine de I'edition 395 Wellington Street 395, rue Wellington Ottawa ON K1A0N4 Ottawa ON K1A0N4 Canada Canada Your file Votre reference ISBN: 978-0-494-51863-2 Our file Notre reference ISBN: 978-0-494-51863-2 NOTICE: AVIS: The author has granted a non­ L'auteur a accorde une licence non exclusive exclusive license allowing Library permettant a la Bibliotheque et Archives and Archives Canada to reproduce, Canada de reproduire, publier, archiver, publish, archive, preserve, conserve, sauvegarder, conserver, transmettre au public communicate to the public by par telecommunication ou par Nntemet, preter, telecommunication or on the Internet, distribuer et vendre des theses partout dans loan, distribute and sell theses le monde, a des fins commerciales ou autres, worldwide, for commercial or non­ sur support microforme, papier, electronique commercial purposes, in microform, et/ou autres formats. paper, electronic and/or any other formats. The author retains copyright L'auteur conserve la propriete du droit d'auteur ownership and moral rights in et des droits moraux qui protege cette these. this thesis. Neither the thesis Ni la these ni des extraits substantiels de nor substantial extracts from it celle-ci ne doivent etre imprimes ou autrement may be printed or otherwise reproduits sans son autorisation. reproduced without the author's permission. In compliance with the Canadian Conformement a la loi canadienne Privacy Act some supporting sur la protection de la vie privee, forms may have been removed quelques formulaires secondaires from this thesis. ont ete enleves de cette these. While these forms may be included Bien que ces formulaires in the document page count, aient inclus dans la pagination, their removal does not represent il n'y aura aucun contenu manquant. any loss of content from the thesis. i*I Canada Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Abstract The Drive for Citizenship: Impacts of Bill C-31 Membership Model, 1985-1996 John T. Ward Georges E. Sioui 2008 Bill C-31, an Act to Amend the Indian Act, was passed by the Canadian Parliament on June 28, 1985. It was intended to bring the Indian Act into line with the provisions of the Canadian Charter of Rights and Freedoms, in part by allowing the reinstatement of Indian Status to women who had lost it after marrying non-Aboriginal or non-Status men. It followed from the efforts of Native women Jeannette Lavell and Sandra Lovelace in court appeals over sexual discrimination in the Indian Act. Yet there were many negative reactions to the bill. Bill C-31 introduced rules governing who could be registered as "Indian." It also contained new rules with respect to children born on or after April 17, 1985. This paper argues that these rules discriminate against children with one parent who is not recognized as "Indian" under the new rules. The primary purpose of the bill was to allow Aboriginal people to create their own criteria for managing the membership of bands. However, it caused a number of conflicts and failed to produce the results Aboriginal community hoped for. There were concerns about the increase in the Aboriginal population as people returned to reserves and inadequate funding to meet the needs arising from such population growth. Many Native persons viewed the bill as a mechanism for assimilation and argued that they should have sole responsibility over the regulation of their own memberships. 2 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Recent research on Bill C-31 is limited, in that many authors ignore the personal experiences of those who helped create and were affected by the legislation. For the most part, the literature tends to stress the growth of the Native population following the bill's implementation. A more thorough analysis would yield a greater understanding of the bill's impact on First Nations rights and self-determination. This thesis will incorporate an array of primary sources, including summary reports, scholarly studies, statistics, interviews and personal commentaries. An analysis of secondary sources will also reveal the current state of research on the topic, and show how this thesis provides a new perspective by considering matrimonial real property, blood quantum, court cases and legal Status. 3 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. I dedicate this thesis: To my Mother, Louise Brazeau, who has always been the light of my academic career and continues to support my endeavors; and to Dr. Robert Smith, Headmaster of Heritage Academy. - Dyslexia is part of who I am and what I have become. Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Acknowledgements It is a pleasure to thank the many people who made this thesis possible. It is difficult to overstate my gratitude to my MA supervisor, Dr. Georges Sioui. With his enthusiasm, his inspiration, and his great efforts to explain things clearly and simply, he helped to make Aboriginal History fun for me. Throughout my thesis-writing period, he provided encouragement, sound advice, good teaching, good company, and lots of good ideas. His continued guidance has become the foundation of my thesis research. I would like to thank the many people who have taken their time to teach me Native legality, socio-cultural customs and evolving methodological frameworks in History. My Headmaster, Dr. Robert Smith, was my mentor both physically and academically, and always said, "aim for gold or A+." His encouragement has led me to university to become the man I am today. My introduction to Aboriginal History came as a direct result of knowing Dr. Jan Grabowski, who encouraged my early interest in this new historical field. His comments and lectures provided a deep passion that gave me the desire to pursue humanitarian issues within a historical context. During my final undergrad year I proceeded to work under the guidance of Dr. Georges Sioui. His door was always open and from these informal meetings, I began to take my next academic step forward into Aboriginal History with Dr. Sioui as my supervisor. I am indebted to my many colleagues for providing an intellectually environment in which to learn and grow. I am especially grateful to Raymond Hatfield, who provided personal reflection on the effects of Bill C-31; Barbara Craig, for her help in the early stages of my research and her permission to use her LLM thesis and publications on Bill C-31, as well as her private archives; Dan Beavon, whose methodological approach to my thesis and countless discussions of blood quantum and section 6 of the Indian Act have become essential in my thesis. I am grateful to Francine Laramee for her friendly smile and positive outlook on life since I arrived at the History department in May 2002.1 would also like to thank the countless librarians, especially Alan Fleichman, head librarian for the Human Rights Centre, who helped me with my legal methodology and endless legal questions and concerns. Furthermore, I would like to thank all the libraries, archivists and donours of sources pertinent to my thesis. The following research centres have substantially contributed to my source list: Indian and Northern Affairs Canada in conjunction with the University of Ottawa, the Human Rights Documentary Centre, the Media Resources, Morisset Library and Brian Dickson Law Library, and Carleton University Library, for their government database and United Nations reports. Lastly, and most importantly, I wish to thank my parents, Louise Brazeau and Gerald Ward. Their continuing support by providing a loving environment aided me in my success. Of course, my sister, Susan Ward, has also challenged my philosophical determination as a dyslexic ready to take on the world by researching what interests me. 4 Reproduced with permission of the copyright owner. Further reproduction prohibited without permission. Table of Contents: Abstract 2 Acknowledgement 4 Table of Contents 5
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