1. Saint Mary’s First Nation Membership Department
11/22/2018

2. Membership Department
Lisa Howe – Indian Registry Administrator
Jacqueline Sappier – Project Worker (March 31, 2012) 1
11/22/2018

3. Duties/Responsibilities
Maintaining the Indian Registry System for the Saint Mary’s First Nation
Such as recording all events (Birth events, marriage events, age of majority, divorce events, death events, transfers etc.,.)
Preparing CIS (certificate of Indian Status cards)

4. Budget - $16,000 April 1, 2011 to March 31, 2012
These funds are used to purchase and provide documentation in order to keep the IRS up-to-date
Purchasing of birth certificates, marriage and divorce certificates, death certificates, film, plastic pouches etc,.

5. The following is a brief explanation of the certain dates within the Indian Act pertaining to Membership

6. The first attempt to define Indian
Any person deemed to be aboriginal by birth or blood
Any person reputed to belong to a particular band or body of Indians; and
Any person who married an Indian or was adopted by Indians 2

7. The first legislation regarding ENFRANCHISEMENT
An Indian was now able to voluntarily give up status and band membership through enfranchisement . His wife and children would automatically be enfranchised with him and their names need not be listed. 3

8. 1869
An Indian woman who married a non-Indian now lost status on marriage, and children of that marriage were not entitled.
On marriage to an Indian man, an Indian woman became a member of her husband’s band 4

9. 1876
Loss of band membership as a result of foreign residency for a period of over five years.
Any Indian by virtue of his education was now automatically enfranchised 5

10. 1918
Indians who lived away from Indian communities could now be enfranchised. The wife and unmarried minor children of such Indians were automatically enfranchised.
Unmarried women and widows could also be enfranchised
Unmarried minor children of an unmarried woman would not necessarily be enfranchised with her unless named on the enfranchisement order; but unmarried minor children of a widow would be enfranchised with her whether or not their names appeared on the enfranchisement order 6

11. 7 1951 The establishment of the Indian Register
The Indian Register was composed of Band Lists and the General List
The General List included any persons registered in the Indian Register who were not band members and, therefore, not on Band Lists
Band Lists were to be posted
Individuals and band councils now had the right to protest additions to or deletions and omissions from the Indian Register 7

12. 1951 (cont’d)
After a protest was made, the decision of the Registrar would be final and conclusive. This decision, however, was subject to appeal to the courts.
If a Registrar’s decision was appealed, the judge’s decision was final and conclusive
When the name of an Indian was added or deleted from a Band or the General List, the names of his wife and minor children were also added or deleted.

13. 1951 (cont’d) Eligibility for registration was further defined
Persons eligible under 1874 legislation were still eligible
Persons who were members of a band could be registered
Illegitimate male children of Indian males could be registered

14. 1951 (cont’d) Legitimate children of Indian males could be registered
The illegitimate child of an Indian woman was registered unless it was established that the father of the child was not an Indian.
The wife or widow of an eligible Indian was also eligible to be registered

15. 1951 (cont’d)
An Indian was not eligible for registration, if his situation met certain criteria
These criteria included enfranchisement and being the owner or descendant of an owner of half-breed lands or money script

16. 1951 (cont’d)
The double-mother clause; an Indian born of a marriage entered into after September 4, 1951 lost entitlement to registration at the age of 21 years if his/her mother and paternal grandmother were not entitled to registration as Indians before their marriage
An Indian whose name appeared on the General List could be added to a Band List

17. Section 12 (1);(iv)described those persons who were not entitled
THE DOUBLE-MOTHER CLAUSE
Grandfather Grandmother
(Native) (Non-Native)
Father married after Mother
(Native) Sept 4, (Non-Native)
Legitimate Child
at age 21
Lost their status

18. Section 11(1)© of the 1951 Indian Act The Martin Case - 1983
Native Father, Non-Native Mother, not married
Twin Children, one female (Jean), one male (john)
Male registered, female not entitled
Which stated that a person was entitled to be registered if he “is a male person” in direct descent in the male line of a male person”, who is entitled to be registered as an Indian

19. Indian Act – Section 6 After April 17, 1985 Bill C-31
6(1)(a) – previous entitlements continues
6(1)(b) – Members of newly created bands are entitled to registration
6(1)(c) – Restoration of Indian Status to
Section 12(1)(b) Women who had lost status by marrying non-Indians

20. Indian Act – Section 6 After April 17, 1985 (cont’d) Bill C-31
Section 109-(2) – Children enfranchised as a result of their mother’s marriage to non-Indians
Section 12 (2) – Persons removed from the Register as a result of protests based on non-Indian paternity
Section 12(1)(a)(iv) – Persons omitted or deleted from the Register under the double-mother clause

21. Con’td
Section 12(2) – The illegitimate children of Indian woman born prior to August 14, 1956 who were omitted or deleted because of non-Indian paternity
6(1)(d) – Enfranchisement is abolished
The following persons are now eligible for registration;
A person enfranchised prior to April 17, 1985 whose name appeared on an enfranchisement order

22. Cont’d
A person deemed to be enfranchised with his/her parent(s) prior to September 4, 1951 but whose name did not appear on an enfranchisement order;
But
A wife who had no status prior to marriage to an enfranchised Indian is eligible only if it is now established that she had entitlement independent of her marriage

23. 6(1)(e) – Foreign Residency:
A person removed from band membership as a result of living outside of Canada for over five years
A person enfranchised as a result of his/her profession or education

24. 6(1)(f) – A person both of whose parents are entitled to be registered or are registered is eligible 6(2) – A person with only one parent who is registered or entitled to be registered under any of the provisions of Section 6 listed above is eligible.

25. New Legislative Changes to the Indian Act
McIvor
In April 2009 the Court of Appeal for BC ruled in the case of McIvor vs. Canada that the Indian Act discriminates between men and women with respect to registration as an Indian and violates the equality provision in the Canadian Charter of Rights and Freedoms.

26. McIvor (cont’d)
In its ruling, the Court gave Parliament one year to amend the provisions of the Indian Act that were found to be unconstitutional. In order to comply with the Court of Appeal’s decision, the Government of Canada is moving forward with legislative amendments to certain registrations provisions or the Indian Act

27. McIvor (cont’d)
Generally speaking, the key criteria to be newly entitled to registration are:
Did your grandmother lose her status as a result of marrying a non-Indian?
Is one of your parents registered, or entitled to be registered, under sub-section 6(2) of the Indian Act?
Were you born on or after September 4,1951?

28. McIvor (cont’d)
Those who can answer yes to all of the above questions are encouraged to submit an application for registration as an Indian
If you are the registered Indian parent of a minor child that fits the above scenario, you may apply on their behalf (Your entitlement to Indian registration will be automatically amended from 6(2) to 6(1) to allow for the registration of your child

29. McIvor (cont’d)
For more information or for specific eligibility criteria, consult the web site
or call

30. Questions?
THANK - YOU