Legal Definition of Indian under the Indian Act

British Columbia Court of Appeal find sections of the Indian Act violate the Canadian Charter of Rights and Freedoms

2009 BCCA 153 McIvor v. Canada (Registrar of Indian and Northern Affairs):

On April 6, 2009, the British Columbia Court of Appeal unanimously declared that Sections 6(1)(a) and 6(1)(c) of the Indian Act, R.S.C. 1985, c. I-5, were of no force and effect. The Court of Appeal suspended their declaration for a period of 12 months, to allow Parliament time to enact the legislative change.

The discrimination faced by the complainants involved the right to transmit their native status to their children.  The Honourable Mr. Justice Groberman stated at paragraph 154 of the decision:

“The [Indian Act] violates the Charter by according Indian status to children:

i)      who have only one parent who is Indian (other than by reason of having married an Indian),
ii)     where that parent was born prior to April 17, 1985, and
iii)    where that parent in turn only had one parent who was Indian (other than by reason of having married an Indian),

if their Indian grandparent is a man, but not if their Indian grandparent is a woman.”

The full decision of the British Columbia Court of Appeal can be found at:
http://www.courts.gov.bc.ca/jdb-txt/CA/09/01/2009BCCA0153.htm