However an Indian status man could marry whomever he chose, and maintain all his rights. Through this legislation Aboriginal women were devalued with the intended result of undermining their status, preventing them from passing on status to their own children and effectively making them property of their husbands and fathers (cite)
The government’s introduction of reserve land, in regards to status and non-status Indians and who could reside there drastically affected Aboriginal women with disastrous results. A direct result of colonial policy was the forcible displacement of Aboriginal women off reserve land. By altering the traditional matrilineal descent, kinship systems, and post marital residency patterns, which had been practiced and in place for generations Aboriginal women lost the rights to live on territory which they had strong ties to, and became displaced. (cite)
Section 12 (1) (b) is arguably the most gender discriminating proposition in The Indian Act, and dealt with involuntary enfranchisement. In 1951, this was amended with even greater severity and heightened oppression for Aboriginal women. Known as the, ‘double mother’ clause this stated that Indian children would lose status if their mother or grandmother acquired status through marriage, even if their father or grandfather was a status Indian (cite). It left many Aboriginal women with little or no resources, in an unfamiliar territory, with no family or cultural ties creating an extraordinary
Reviews the amendments of the 1868 Indian Act, highlighting the conflicts of superiority of rights to Indian men over women. Discusses the avoidance of violence and discrimination against women within communities and the need for an equal relationship between genders
The Aborigines Protection Act 1909 (NSW) was a law that changed Indigenous Australian lives forever. The act enabled the New South Wales Board for the Protection of Aborigines to essentially control the lives of Aboriginal people. It was the Aborigines Protection Act 1909 (NSW) that had major provisions that resulted in the containment and suffering that Aboriginal people endured. This suffering included the practice of forcible removing Indigenous children from their families. These major provisions help us understand what the Aborigines Protection Act 1909 (NSW) involved and the impact it has had on the daily lives and cultures of Indigenous Australian peoples today.
Treaty benefits, health, rights to living on the reserve and property are forfeited as a result of losing Indian status. This also happens when an Indian women gets married to another Indian man. She loses her rights to her own band, and has to become a member of her husband’s band. Ultimately, if the women becomes widowed or abandoned then she loses all status of being an Indian all together. On the other hand, men can marry a non-status woman and all of his rights would be kept. With strides of equality throughout history, it takes a step back when Aboriginal women are entirely dependent of their husband. Several cases were took to court in the 1970’s, but not until 1980 is when there was a connection found between the United Nations Human Rights Committee and the Canadian Human Rights Act. With this section in direct violation of the International Covenant on Civil and Political Rights, the removal of a woman’s Indian status while marrying a non-Indian man was done and Bill C-31 was passed so victims of the Indian Act can be reimbursed. However, Bill C-31 is still under scrutiny because those who have their status reinstated to them can only pass it on for one generation. This is a violation under Section 15 of the Charter of Rights and Freedoms (Payne, 1992). The Indian Act is a controversial piece of legislation that was passed in 1876. It has been amended throughout the times, but the core concept of the Indian Act still
The Indian Act was an attempt by the Canadian government to assimilate the aboriginals into the Canadian society through means such as Enfranchisement, the creation of elective band councils, the banning of aboriginals seeking legal help, and through the process of providing the Superintendent General of the Indian Affairs extreme control over the aboriginals, such as allowing the Superintendent to decide who receives certain benefits, during the earlier stages of the Canadian-Indigenous' political interaction. The failure of the Indian Act though only led to more confusion regarding the interaction of Canada and the aboriginals, giving birth to the failed White Paper and the unconstitutional Bill C-31,
According to the Indian Act (1876), we determined someone’s status by one’s parentage of blood quantum to know how much Indian were they? A First Nations woman, who married with white man, lost her entitlements as Indian, so did her children. However, regardless of race or ethnicity, if another raced woman married a First Nations man, she gained “status” under the terms of the Indian Act. I feel that was completely unfair, and obviously discriminatory, that horrific situation continued until 1985.
In 1976 the Fraser government passed the Aboriginal Land Rights Act. Several state governments passed their own Land Rights Acts, which recognised aboriginal and Torres Strait islander claims to land and guaranteed them royalty payments from mining companies working there. Some laws enforced by the government became challenging for most indigenous people to abide by. Through the analysis of this information we understand the impacts the government and its laws had towards the indigenous society of
For several hundreds of years, Aboriginals have been impacted by the Indian Act in many ways. They have dealt with numerous challenges that have changed their lives forever. Laws were created by the Canadian government with the purpose of controlling Natives and assimilating them into Canadian culture.For multiple years,
Two sections of the Indian Act are particularly discriminatory against Indigenous women. Section 12(1)(b) of the Indian Act states that women who marry outside of their band were to lose status, seize association with their own community, they lose ownership over any property located on the reserve and any property inherited that is located on the reserve land (Lawrence 2004: Jamieson 1978). These women would also lose access to any rights they had with status, including taking part in any band business or voting (Lawrence 2004: Jamieson 1978). Any children born to a woman who married outside her community would not be granted status or considered “Indian” in the eyes of the government and this woman and her children may be prohibited from returning to live with her family regardless of illness, need, divorce, death of her husband or separation (Jamieson 1978). Finally, through this section of the Indian act, upon marriage of an “outsider” an Indigenous woman loses her right to be buried on her reserve land with her ancestors (Jamieson 1978). Section 12(1)(a)(iv) also known as the “double mother clause” states that an “Indian born of a marriage entered into after September 4th, 1952 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 marriages” (Sterritt 2007).
One of the major ways in which the text reflects on the issue of oppression of women as well as the characters in the text is through the use of stories from First Nation families who, as we know, have been victims of oppression due to the implication of the Indian Act in 1876. From this moment, that enabled the government to see First Nations as wards of the state and ultimately have control over them. Throughout the text, we see several references to the horrible outcomes of the Indian Act such as the residential schools. One section in specific that is told through the point of view of Maria, focuses on a discussion she has with her aunt Kathy who is the niece of someone
Aboriginal women face disproportionate challenges throughout their incarceration which impacts their successful community reintegration. Over the last ten years, inmate assaults involving Aboriginal women have exponentially grown, almost doubling, while use of force incidents have more than tripled. Rates of self-injury involving incarcerated Aboriginal women are seventeen times higher than that of non-Aboriginal women. To agree with Baldry, Carlton, and Cunneen, using Indigenous women as a focus point is beneficial because their "experiences embody and exemplify the intersections between colonial and neocolonial oppression and the multiple sites of gender and disadvantage and inequality that stem from patriarchal domination." Cunneen highlights that Indigenous women actually live in "many prisons"; the prison of misunderstanding; the prison of misogyny; and the prison of disempowerment. Patricia Monture insists that one way women can resist oppression and facilitate social change is by telling their own stories. The Task Force for Federally Sentenced Women developed a report called Creating Choices, which attempted to relocate the power to make choices in womens' lives out of the hands of prison officials and back to the women themselves because, according to the findings of the Task Force, it is only when people are treated with respect and when they are empowered can they take responsibility for their actions and make meaningful decisions. Monture-Okanee reflects on the irony of the final report
Violence against Aboriginal women is rarely understood as a human rights issue. Aboriginal women are often known to be the main victims of racialized, sexualized violence. To the extent issue, violence against women are more frequent, to be described as a criminal concern or a social issue, but it is a human rights issue to be discussed furthermore. Aboriginal women and girls have the right to be safe and free from violence. Woman are being targeted for violence because of their gender or because of their Aboriginal identity. In this essay, I will be discussing the discrimination between these two following readings, “Orientalism” and “Stolen Sisters, Second Class Citizen”.
In 1967, a landmark event occurred for the Indigenous Community of Australia. They were no longer declared Flora and Fauna This means that Aboriginal people would be considered a part of the landscape and not humans in their own right.. In 1967, a Referendum was held by all members of Australian society voting on the issue of allowing Indigenous Australian to be a part of the census and thereby able to vote and be counted as part of Australia’s population. This achieved not only citizenship for Aboriginal people, but put the issue of Indigenous Rights on both the political and social platforms. This essay will look at the lead up to the Referendum, how Aborigines and their supporters communicated their belief in their rights to the
The change in legal affairs for the indigenous was a result of the change in rights and freedoms. Throughout the 19th century white settlers moved the Aboriginal people off their land and into reserves. This resulted in Aboriginal people experiencing dispossession, which meant that they didn’t exist. In the early 1970s the Whitlam government began to work on
She argues that women face many institutional and societal barriers. In this regard, I will give examples of the institutional and structural barriers such as “The Indian Act” which have significantly affected Indigenous women in Canada in many ways including social, economic and political. While comparing feminists and Indigenous feminists, I think that Native women are different in several ways including social, cultural, historical, political and economic; therefore, Indigenous feminism is a way of practicing the values that they have been taught and inherited from their
Since the beginning of the colonial process, Indigenous bodies have been seen as disposable. The dehumanization of the Indigenous body and the creation of the other, has allowed for the destruction of Indigenous Femininity. A system rooted in epistemic violence created by the colonial era. Continues to affect how Indigenous women are treated in modern societies. The demotion from “Indian Queen”, an exotic and powerful presence in colonial societies, to the “Dirty Squaw”, a figure depicted as lazy, and troublesome. Indigenous women have struggled to be seen as human people, rather than sexual object in the minds of the white settlers. A systematic dehumanization though through the process of epistemic violence. Which continues to affect how Indigenous women are treated today.