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A person is entitled to have his name entered in a Band List maintained in the Department pursuant to section 13.2 if that person was entitled to have his name entered, and his name was entered, in the Band List immediately before a copy of it was provided to the Minister under subsection 13.2(2), whether or not that person is also entitled to have his name entered in the Band List under section 11.

Within one month after the day an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, the Registrar shall provide the council of each band with a copy of the Band List for the band as it stood immediately prior to that day.

Indians could become persons by voluntarily enfranchising -- renouncing Indian status -- and, in many circumstances, were involuntarily enfranchised by the Act. A band may assume control of its own membership if it establishes membership rules for itself in writing in accordance with this section and if, after the band has given appropriate notice of its intention to assume control of its own membership, a majority of the electors of the band gives its consent to the band's control of its own membership.

A famous statement in 1920 by Duncan Campbell Scott, poet, essayist and Deputy Superintendent General of Indian Affairs, encapsulates the prevailing attitude of his day: Over time, the measures originally intended to protect the land base were progressively loosened to open up reserve lands for farming, settlement and other purposes. Where the council of a band makes a by-law under paragraph 81(1)(p.4) bringing this subsection into effect in respect of the band, the consents required under subsections (1) and (2) shall be given by a majority of the members of the band who are of the full age of eighteen years.

The Indian Act seems out of step with the bulk of Canadian law. No legal reliance should be placed on this information copy of the Indian Act.

It singles out a segment of society -- largely on the basis of race -- removes much of their land and property from the commercial mainstream and gives the Minister of Indian & Northern Affairs, and other government officials, a degree of discretion that is not only intrusive but frequently offensive. 14; in force July 1, 1990 (SI/90-90) Amended 1990, c. Readers are also cautioned that the Indian Act is not the only piece of federal legislation that deals with the rights of Indian peoples or any of them.

When the Potlatch and Sun Dance were see as uncivilized, the Indian Act was used to ban them. A reference to an Indian in any of the following provisions shall be deemed to include a reference to any person whose name is entered in a Band List and who is entitled to have it entered therein: the definitions "band", "Indian moneys" and "mentally incompetent Indian" in section 2, subsections 4(2) and (3) and 18(2), sections 20 and 22 to 25, subsections 31(1) and (3) and 35(4), sections 51, 52, 52.2 and 52.3, subsections 58(3) and 61(1), sections 63 and 65, subsections 66(2) and 70(1) and (4), section 71, paragraphs 73(g) and (h), subsection 74(4), section 84, paragraph 87(1)(a), section 88, subsection 89(1) and paragraph 107(b). Subject to section 7, a person is entitled to be registered if that person is a person one of whose parents is or, if no longer living, was at the time of death entitled to be registered under subsection (1).(a) a person who was no longer living immediately prior to April 17, 1985 but who was at the time of death entitled to be registered shall be deemed to be entitled to be registered under paragraph (1)(a); and (b) a person described in paragraph (1)(c), (d), (e) or (f) or subsection (2) and who was no longer living on April 17, 1985 shall be deemed to be entitled to be registered under that provision.(a) a person who was registered under paragraph 11(1)(f), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, and whose name was subsequently omitted or deleted from the Indian Register under this Act; or (b) a person who is the child of a person who was registered or entitled to be registered under paragraph 11(1)(f), as it read immediately prior to April 17, 1985, or under any former provision of this Act relating to the same subject-matter as that paragraph, and is also the child of a person who is not entitled to be registered.

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Its resistance to such claims was apparent when, in the Guerin case, [1984] 2 S. The Supreme Court of Canada confirmed the fiduciary duties of the Crown, derivable from the nature of Indian title and from the Indian Act, and held Canada liable for its breach of duty in that case. With section 15 -- the equal rights provision of the Charter -- coming into effect in April, 1985, Bill C-31 was enacted ) to remove the discriminatory provisions: R. In 1985, there were approximately 300,000 status Indians. The Indian Act remains a target of criticism and the subject of continuing review although history shows that significant change only occurs, at best, every quarter century, if then. A band may at any time add to or delete from a Band List maintained by it the name of any person who, in accordance with the membership rules of the band, is entitled or not entitled, as the case may be, to have his name included in that list.(a) the name of that person was entered in the Band List for that band, or that person was entitled to have it entered in the Band List for that band, immediately prior to April 17, 1985; (b) that person is entitled to be registered under paragraph 6(1)(b) as a member of that band; (c) that person is entitled to be registered under paragraph 6(1)(c) and ceased to be a member of that band by reason of the circumstances set out in that paragraph; or (d) that person was born on or after April 17, 1985 and is entitled to be registered under paragraph 6(1)(f) and both parents of that person are entitled to have their names entered in the Band List or, if no longer living, were at the time of death entitled to have their names entered in the Band List.Government had long promised to remove involuntry enfranchisement from the Act, especially the clause that deprived Indian women of their status and Band membership when they married non-Indian men. Time will tell what changes occur, and when, to a statute that has proved very resilient for a very long time. Commencing on the day that is two years after the day that an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, or on such earlier day as may be agreed to under section 13.1, any person who A band may, at any time prior to the day that is two years after the day that an Act entitled An Act to amend the Indian Act, introduced in the House of Commons on February 28, 1985, is assented to, decide to leave the control of its Band List with the Department if a majority of the electors of the band gives its consent to that decision.Non-Indian women who married Indian men gained status and membership: see, e.g., Lavell v. A band may, at any time after assuming control of its Band List under section 10, decide to return control of the Band List to the Department if a majority of the electors of the band gives its consent to that decision. These statutes were consolidated in the Revised Statutes, 1876. 1, 1999 Note: The first federal legislation about Indians after Confederation was the 1868 Secretary of State Act, soon followed by An Act for the Gradual Civilization and Enfranchisement of Indians.




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