Indian status case going to Supreme Court: Move could pre-empt federal plans to rewrite Indian Act

Bill Curry

Ottawa — Globe and Mail Update, Thursday, Jun. 04, 2009 11:16PM EDT

The Supreme Court of Canada will be asked to decide whether thousands of Canadians should be added to the federal list of status Indians, a process that will likely pre-empt the government's plans to re-write the definition this fall.

In an interview with The Globe and Mail, Sharon McIvor says she will seek leave to appeal a B.C. Court of Appeal decision in a case with major implications for native communities and the federal government.

Ms. McIvor is a B.C. lawyer who first launched her legal battle against the Indian Act just months after it was re-written in 1985 – when she was still a law student - on the grounds that it continued to deny her Indian status because of her gender.

Ms. McIvor's announcement comes just days after Indian Affairs Minister Chuck Strahl said the government would not appeal and intended to rewrite the definition of Indian status over the summer and introduce amendments to the Indian Act this fall.

“The B.C. Court of Appeal narrowed the decision so much and gave the government license to add as few people as they possibly can,” she said in a telephone interview. But even though she and her grandson now have status, Ms. McIvor said she will launch a costly appeal on behalf of those who have been left out.

“I won. My grandchildren will get status because that's what this was about, but you know, there are so many people out there that have been waiting and waiting and waiting and when the B.C. Court of Appeal made the decision and they narrowed it, it cut many of these people out. It's just not fair.”

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