Crowder disappointed in supreme court decision on McIvor case

OTTAWA – The Supreme Court declined today to hear Sharon McIvor’s appeal on whether or not Indian Status can be passed on by all First Nations women, a ruling that places many families in jeopardy, said New Democrat Aboriginal Affairs Critic Jean Crowder (Nanaimo-Cowichan).

McIvor is seeking the right for all Indian-status women to pass on status to their children in the same manner that men are allowed to pass on status.

“It is unfortunate that our highest court did not see fit to fully resolve the question of status,” said Crowder. “The 1985 changes to status under Bill C-31 left many families out in the cold. Now this Supreme Court decision puts the status of many more families in jeopardy because the sections of the Indian Act on status will have no force or effect after April 6, 2010.”

This Supreme Court decision will affect aboriginal families in British Columbia particularly hard because any new applications for status will be invalid, and any children born after April 6th will be denied status.

“This is national legislation; it cannot be administered on a regional basis. This will affect all First Nations in Canada,” said Crowder.

The Conservative government has said it will engage with First Nations to see what amendments are possible to the legislation before April 6th, 2010.

“Engagement process is not the same as full consultation,” said Crowder. “In the Haida and Taku Tlingit decisions, the Supreme Court mandated full consultation when the inherent rights of First Nations are affected. I can’t think of anything more inherent than membership in a community,” said Crowder.

“The government needs to act now and start a consultation process with First Nations. It is the right thing to do,” said Crowder.