207:, though, created the second generation cut-off rule, and further its implementation created new forms of sex discrimination in that re-instated Indian women and their children born before 1985 now faced a new form of discrimination. While all previous Indian men and their descendants born before 1985 were grandfathered in as 6(1)a Indians, re-instated Indian women were registered as a lesser form, 6(1)c, and their children born before 1985 were registered as 6(2) where their grandchildren also born before 1985 continued to be denied. Through what is now known and the "6(1)a and 6(1)c" hierarchy additional forms of sex discrimination were created, namely the cousins and siblings issues. What is more, it was through the 1985 amendments to the
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line was entitled to 6(1)a status. In Susan Yantha’s situation, as a girl child born out of wedlock pre-1985 she was only registered as a 6(2) Indian which meant she could not pass on status to her daughter Tammy, where as her hypothetical brother born out-of-wedlock was entitled to 6(1)a. This was known as the "siblings issue". In 2015 they won and the judge was clear there was the need to eliminate all the sex discrimination. Through
384:. The UN committee concluded that Canada was under an obligation to provide Sharon McIvor and her son Jacob Grismer with an effective remedy. The UN required Canada to make full reparation to individuals whose rights had been violated simply because of their matrilineal descent. Further, Canada was obligated to ensure that section 6(1)a of the 1985
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appropriately amended by the government; furthermore, the committee members, particularly
Senator Lillian Dyck, convinced the senate as a whole not to pass the bill until it was amended to fulfill the goal of "6(1)a All the Way!"; that being to eliminate the 6(1)a and 6(1)c hierarchy and restore status to descendants all the way back to 1869.
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to remove all sex-based discrimination in the Indian registry. The bill was enacted in two stages; in the first stage, status was restored to descendants with a 1951 cut off and in the second stage, status was restored all the way back to 1869. The second stage came into force by an order-in-council
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was unable to pass status because he was only registered as a 6(2) Indian. This was the result of his matrilineal descent, meaning it was his grandmother rather than his grandfather who was Indian. This became known as the "cousins issue" in that Stéphane’s second cousin born through the patrilineal
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imposed on the descendants of Indian men as the comparator group to narrow down the remedy. This was a terrible moment for
Indigenous women. McIvor wanted 6(1)a for all her descendants born before 1985 rather than what she, her son, and grandchildren gained: 6(1)c, 6(1)c1, and 6(2) respectively. The
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was heard in the
Ontario Court of Appeal. Gehl was denied Indian status registration because through Indian and Northern Affairs' unknown and unstated paternity policy it was assumed her unknown grandfather was a non-Indian man. After 16 years of litigation, Gehl won her case on appeal in 2017 when
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Corbiere-Lavell has a long history of advocating for
Indigenous women and their families. In 1970s she was a founding member of Indian Rights for Indian Women; a founding Member of the Nishnawbe Institute; and a founding member of the Ontario Native Women’s Association (ONWA). More recently she was
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Some of us have asked why we named them the Famous Six. Well, colleagues, this is based on words of the visionary Famous Five feminists in the
Persons Case that opened the Senate to women, honoured by the statues erected on Parliament Hill just metres away from our Senate entrance. The Indigenous
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which was charged with examining the bill, discovered that this was not so. Under the leadership of
Senator Lillian Dyck, the committee undertook several unique moves to make the government amend the bill to fulfill its stated objectives. The committee refused to study the bill until it was
227:. She won her case but Canada appealed the decision to the British Columbia Court of Appeal where the court ruled that some of the sex discrimination was justified. The justification was that the matter was an issue of matrilineal descent not sex discrimination. Then the court relied on the
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Famous Six represent the movement for
Indigenous women’s equality using the law, starting in the 1970s with Ms. Jeannette Corbiere-Lavell and Ms. Yvonne Bedard and Senator Sandra Lovelace Nicholas, and into the 1980s, 1990s and now, Dr. Sharon McIvor, Dr. Lynn Gehl and Senator Lillian Dyck.
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that Indian women, along with their children, who married non-Indian men were enfranchised and denied Indian status registration and subsequently their treaty rights. Eventually the process of eliminating
Indians through sex discrimination was codified in section 12(1)b of the 1951
290:. She has taken the time to write several community based articles, and relying on her understanding of cultural politics she birthed the slogan "6(1)a All the Way!" as her effort to keep the issue in the public eye and give the matter more currency in the political area.
223:’s status entitlement moved through her mother-line rather than her father-line she was only entitled to 6(1)c status, where this prevented her from passing on status registration to her son’s children. McIvor took this to court arguing it violated section 15 of the
116:(the same did not apply to Indian men when they married non-Indian women), to the Ontario County Court. In the fall of 1971, Corbiere-Lavell appealed to the Federal Court. The judges concluded it was not a violation of the guarantee of non-discrimination within The
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was created by The
Feminist Alliance for International Action for the purpose of advocating for Indigenous women's rights. This collective action by six Indigenous women is similar to the collective effort taken by the
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be interpreted as to provide 6(1)a registration equally to all persons born before April 17, 1985, regardless of their patrilineal or matrilineal descent. The UN ruled there must not be preferential treatment.
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the court argued Canada had to be reasonable and look at the circumstantial evidence of her own father's birth. As a result of the case, clauses addressing unknown and unstated paternity were included in the
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the president of the Native Women's
Association of Canada. In taking on this work she has been the recipient of several awards such as the Persons Award in 2009 from the Governor General of Canada, and the
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only guaranteed equality before the law, not equality under the law. Equality before the law was interpreted by the court as meaning equality in the administration or application of the law.
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On August 16, 2019 Prime Minister Justin Trudeau issued an order-in-council proclaiming all outstanding provisions of Bill S-3 into force this ending 162 years of sex discrimination in the
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invited the Indigenous Famous Six into the senate of Canada chamber to introduce and honour them for the work they took on. In her speech, she explained the purpose of the name, saying:
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remedy. While Gehl won her case, like McIvor, she was faced with a new form of discrimination. Although she was born before 1985 the court ruled she was entitled to 6(2) Indian status.
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in the 1960s was Mary Two-Axe Earley, the members of the Indigenous Famous Six consisted of six contemporary women who were active in challenging the sex discrimination in the
78:(1857), Indian women and their children were enfranchised (determined to no longer be Indians) when their husbands or fathers were enfranchised. It was through the 1869
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On February 19, 2019, Senator Lillian Eva Dyck tabled a motion in the Senate chamber urging Canada to bring into force the remaining "6(1)a All the Way" provisions of
203:, whereby many Indigenous women and their descendants were re-instated as status Indians, and their children were registered for the first time. This amendment to the
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297:" was published with University of Regina Press. This ″is the only full-length, first-person account of a leading case about discrimination against women in the
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Like other members of the Indigenous Famous Six Gehl has a long history of advocacy regarding the need for Canada to eliminate the sex discrimination in the
24:" that gained Canadian women the right to vote. Collectively the Indigenous Famous Six were active in challenging the sex discrimination in the
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The collective advocacy of Jeannette Corbiere-Lavell, Yvonne Bedard, Senator Sandra Lovelace-Nicholas, Sharon Donna McIvor, Lynn Gehl, Senator
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from Six Nations in Ontario, also filed a complaint in the Ontario High Court regarding the sex discrimination in 12(1)b of the
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While Canada claimed that it had removed all sex-based discrimination in the determination of Indian status registration in
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Supreme Court of Canada refused to hear her appeal and so McIvor quickly filed a petition with the United Nations. Through
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where Canada created yet another new form of sex discrimination regarding the matter of unknown and unstated paternity.
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While the first Indigenous woman to speak out nationally and internationally about the sex discrimination in the
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700:"Woman battles Ottawa over status: The unknown identity of Gehl's grandfather bars her from aboriginal standing"
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at a later date which allowed the government time to consult with stakeholders such as First Nation Chiefs.
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While Canada was consulting on the matter of the ongoing and never-ending sex discrimination in the
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788:"Ending sex discrimination in the Indian Act through '6(1)a All the Way'"
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810:"Ottawa passes on extension for bill to remove sexism from Indian Act"
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843:. The Senate of Canada; The Upper House of the Parliament of Canada
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United Nations International Covenant on Civil and Political Rights
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International Covenant on Civil and Political Rights the Committee
552:"Indigenous Women and the Franchise | The Canadian Encyclopedia"
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Gehl v Canada: Challenging Sex Discrimination in the Indian Act
482:"'Famous Six' to be celebrated for work on '6(1)a All the Way'"
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Gehl v Canada: Challenging Sex Discrimination in the Indian Act
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in Canada during the twentieth and twenty-first centuries.
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was once again amended yet sex discrimination continued.
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Through a series of legislative acts dating back to the
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527:"Gradual Civilization Act | The Canadian Encyclopedia"
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declined to rule on the matter of sex discrimination.
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were critically important in pushing Canada to amend
837:"1st Session, 42nd Parliament Volume 150, Issue 193"
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the Standing Senate Committee on Aboriginal Peoples
508:"Mary Two-Axe Earley | The Canadian Encyclopedia"
80:An Act for the Gradual Enfranchisement of Indians
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898:The Feminist Alliance for International Action
430:"Campaign of Solidarity with Aboriginal Women"
400:once and for all. It was unanimously adopted.
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624:Branch, Legislative Services (2015-07-30).
199:, purportedly to bring it in line with the
181:Canada’s Constitution was patriated in 1982
626:"Canadian Charter of Rights and Freedoms"
577:"Bedard Case | The Canadian Encyclopedia"
396:ending all the sex discrimination in the
354:On Equality Day, April 17, 2018, Senator
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862:Government of Canada.
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59:Senator Lillian Dyck
771:Gehl, Lynn (2021).
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272:Lynn Gehl
196:Bill C-31
55:Lynn Gehl
870:. Canada
394:Bill S-3
343:Bill S-3
339:Kim Pate
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678:CBC.ca
492:13 May
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