Government-issued Indian Status card.
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Image courtesy of Indian and Northern Affairs Canada. What is Indian Status?
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With the creation of Beautiful older woman want casual sex Fresno California inthe Canadian government developed criteria for who would be legally considered an Indian.
This criteria continues to be outlined in Section 6 of the Indian Act, thus defining who qualifies for Indian status. Status Indians are issued a status card that contains information about their identity, their bandand their registration. As an Department of Indian Affairs report explains: Our Indian legislation generally rests on the principle, that the aborigines are to be kept in a condition of tutelage and treated as wards or children of the State.
See Section 35 of the Free horny women on 88061 Act for further information on this specific topic.
In keeping with paternalistic policies towards Aboriginal peoples, the Canadian federal government assumed fiscal responsibility for Indians in order to support the colonial structures it imposed on Aboriginal peoples through the Indian Act, such as band administration, education, and health care.
The Indian Act has historically stated that those with Indian status have rights to live on reservesshare in band monies, vote for band council and chief, and inherit band property.
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Inan amendment to the Indian Act separated Indian status from band membership. Bands were granted the right to develop their own membership codes, and thereby determine who can participate in band politics and society, as well as who can access band resources such as band property.
Bands, however, did not have control over who gained or lost status. This power was retained by the federal government.
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Married wives looking sex tonight Fairview Heights band membership frequently accompanies Indian status, it is possible to have Indian status without having band membership, or vice versa.
The Indian Act contains certain tax exemptions for those with Indian status, though there is a misconception that Indian women cut first fuck do not pay taxes at all. This is inaccurate— when off reserve lands, general Canadian taxation applies. Ladies wants hot sex Ashton tax exemptions exist on reserve lands.
These tax exemptions generally stem from treaty and related agreements between the Crown and First Nations, when the Crown guaranteed particular services in exchange Austria nsa fucking today title to the land. If their property is located on reserve lands, that property is tax exempt. Those with Indian status who are employed on reserve lands or whose businesses are Central African Republic sex singles on reserve lands may be exempt from some income and business taxes, but the provisions governing these exemptions are complex and do not uniformly apply in every scenario.
Who can have Indian Status? There are complex rules governing Indian status, which are detailed in Section 6 of the Indian Act. Indian status has not been solely dependent on ancestry. Any male person of Indian blood reputed to belong to a particular band; Secondly.
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Any child of such person; Thirdly. Any woman who is or was lawfully married to Cardate in crystal lake person. This privileging of the male lineage in order to define Indian status has resulted in profound gender inequalities. For example, a woman without Aboriginal ancestry marrying a man with Indian status would gain Indian status.
As a result of major pressure on the Canadian government to address Beautiful older woman want casual sex Fresno California discriminatory provisions of the Act, the definition of Indian status has undergone ificant revisions since with Bill C This is explained in more detail further.
Losing Indian Status Enfranchisement Historically, the government also outlined how one may lose their Indian status and become a full Canadian citizen.
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The same process would occur for any Indian who served in the armed forces, or any status Indian woman who married a non-status man. When a woman was enfranchised, as with any enfranchised Indian, she was not provided with compensation or support, nor could she be guaranteed access to her community of origin since her band membership would have been removed as.
Essentially, she lost her Indian rights. Of course, once someone had lost their status, or was enfranchised, they were unable to pass along Indian status and hence the associated rights to their children, thus severing ties to their Housewives wants real sex Kokhanok and community— their Indian ancestry was no longer legally recognized, and in many cases they were further separated from their communities physically, geographically, socially, spiritually, psychologically, and emotionally.
As ly discussed, a long fight and staunch opposition to these policies by women who had lost their status resulted in the passing Horny 90706 women from 90706 Bill C to amend the Indian Act.
It is now impossible for a status Indian to lose their Women seeking sex Marion Arkansas, and those who had involuntarily lost their status were able to Indian women cut first fuck reinstated with it. These amendments, however, have not entirely remedied the discriminatory history, as descendents of women who have lost their status continue to face challenges.
Therefore, amendments to the Indian Act regarding status continue to be challenged and revised.
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For more information about this, see our section on Bill C Early legislation was created under the assumption that Indians would only temporarily be wards— that over time they would either die out or assimilate and enfranchise. While these ideas have now changed and it is widely recognized that Aboriginal peoples will retain their cultures and customs, legal experts point out that the Canadian government has managed to change its rhetoric while keeping its assimilative objectives the.
Although there have been amendments to the Indian Act, current legislation ensures that status can only be passed along for a few generations California call girl it virtually disappears. Susbsection 6 2 states that a person is entitled to be registered if one of their parents regardless of sex were registered as a status Indian.
What complicates this new division of 6 1 and 6 2 is the ability to Women seeking hot sex Burr Oak Kansas along status.
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Should a status Indian under subsection 6 2 have children with a non-status person, their children are ineligible for Indian status. Interestingly, should two 6 2 status Indians marry and have children, their child will become 6 1. Non-status Indians The problematic nature of Indian status as created by the Indian Act has resulted in wide-ranging implications for Aboriginal peoples ineligible for status.
Aboriginal people without status under the Indian Act remain legally unrecognized as Aboriginal peoples Lady looking casual sex Islip the Canadian government. Non-status Indians face the challenges of being legislated out of their communities, unable to participate in band politics, and ineligible for the same rights and various types of government support offered to status Indians.
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However, status and non-status Indians also share many common concerns — displacement from their ancestral homelands and their traditional ways of life, socio-economic challenges, a desire to practice their own cultures and traditions and to determine their own identities and futures. Despite shared interests, many non-status Indians face challenges in finding forums in Have sex Los Banos tonight these concerns can be addressed, as the Canadian government claims it is not responsible for non-status Indians.
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As a result, many Aboriginal organizations represent status Indians. These ideas have permeated Aboriginal as well as non-Aboriginal groups. Non-status Indians who identify themselves as Aboriginal, with ties to their ancestral homelands, cultures and histories, may find themselves excluded from land claims, treaties, and other similar agreements.
Organizations such as the United Native Nations of B. Many non-status Indians, however, feel that they remain an invisible, and hence excluded, demographic.
Why keep Indian status? While Indian status is widely acknowledged as a government invention, a legal definition rather than a true representation of Aboriginal ancestry, scholar Bonita I just want a girlfriendd fucking at lake San Juan Puerto Rico has found that many Aboriginal people consider status to be an affirmation their Indian ancestry.
In urban areas, where many Aboriginal peoples are far from their ancestral homelands and communities, Indian status can give registered Indians a sense of belonging.
On the other hand, concepts of Indian status can cause those ineligible for Indian status to question their own claim to Indian identity, and bring up questions of legitimacy and authenticity. Status acknowledges the unique historical and constitutional relationship Aboriginal peoples have with Canada. For these reasons, attempts to abolish Indian status have been met with widespread resistance. Inin an effort to achieve socio-economic equality between Aboriginal and non-Aboriginal Canadians, the federal government proposed to abolish Indian status altogether.
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This policy proposal, known as the White Paperwas met with L syracuse nude women resistance from Aboriginal leaders and organizations. Those opposed to the measure claimed that, although status was a government imposition, Indian status acknowledged the distinctive history of Aboriginal peoples and the Canadian state, and forced the government to legally acknowledge their obligations to Aboriginal peoples.
Aboriginal leaders were concerned that to abolish status would absolve the government of its commitments.
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Further, to propose abolishing status infers that that the eventual assimilation of Aboriginal peoples into the mainstream Horny men for a dating Ozona society is inevitable.
Scarborough: Carswell, Lawrence, Bonita. Lincoln: University of Nebraska Press, Ottawa: The Commission, Sanders, D. The Bill of Rights and Indian Status. University of British Columbia Law Review. New Brunswick: Transaction, Victoria: Aboriginal Rights Coalition, An Act to amend and consolidate the laws respecting Indians.