Supreme Court being asked to determine outcome of question of Indian Status
QUESTION OF INDIAN STATUS HEADS TO TOP COURT
OTTAWA — Jun. 06, 2009 - The Supreme Court is being asked to rule on the fairness of a law - widely described as racist by native leaders - that divides Canada's 1.2-million aboriginals into those who have Indian status and those who don't.
The outcome of the case carries a significant social impact for aboriginal communities, where status is often linked to acceptance, and financial implications for the federal government. Status Indians, who number around 700,000, can qualify for federal programs that provide prescription drug benefits, tax credits and educational support.
Sharon McIvor, a B.C. lawyer and activist who has been fighting Canada's definition of Indian since it was last revised in 1985, announced yesterday she will seek leave to have her case heard by the Supreme Court. The Indian Act contains a complex definition of status that's largely based on bloodlines but also includes exceptions for certain bands to define the term themselves.
Ms. McIvor hopes the Supreme Court will side with the original ruling in her case that she says would have granted status to about 200,000 aboriginals.
She is appealing in the hope of blocking federal plans to rewrite the Indian Act based on April's B.C. Court of Appeal ruling in her case, which found the discrimination could only trace back to 1985, not 1876 when the original act came into effect.