McIvor v. Canada

For decades Aboriginal women in Canada have sought justice in the courts and remedial action by legislators in an effort to bring an end to the sex discrimination in the status registration provisions of the Indian Act, but they have not yet succeeded in securing full recognition of their rights. Sharon McIvor, an indigenous woman and successor to Jeannette Lavell and Yvonne Bédard, launched her sex equality challenge to the Indian Act in 1989, suing the federal government under s. 15 of the Charter.

In 2007, after a full trial, the British Columbia Supreme Court issued a decision that was a complete victory for the plaintiffs. However, following an appeal by the federal government her victory was substantially narrowed. Subsequent legislative reform by the government of Canada left most of the sex discrimination in the status registration provisions in place. The McIvor petition to the United Nations Human Rights Committee, filed in 2010, has been necessitated by the longstanding failure of Canada to fully and finally eliminate sex discrimination from the legislative regime for registration as a status Indian.

Gwen Brodsky is counsel to Sharon McIvor and her son Jacob Grismer.

To view background materials below click on the links:

UN PETITION

To read the McIvor Petition to the United Nations Human Rights Committee please click here: McIvor UN Petition

To read Canada’s Response to the McIvor Petition click here: Canada’s Response to the McIvor Petition

To read the Petitioners’ Comments on Canada’s Response click here: Petitioners’ Comments

To read the Affidavit of Grand Chief Stewart Philip, Supporting the McIvor Petition click here: Affidavit of Grand Chief Stewart Philip Supporting the McIvor Petition

COURT DECISIONS

BC Supreme Court decision on the merits of the constitutional claim

BC Court of Appeal decision on the merits of the constitutional claim

PARLIAMENTARY PROCESS

House of Commons

First Reading

Introduction and First Reading 2010-03-11

HANSARD

VIDEO

Second Reading

Second Reading and Referral to Committee 2010-03-26, 2010-03-29

HANSARD:

VIDEO:

Committee Stage

Standing Committee on Aboriginal Affairs and Northern Development

The details of the Committee meetings, as well as webcasts of the Committee hearings are well laid-out on the Committee’s website at: Website of the Committee on Aboriginal Affairs and Northern Development

Committee Report Presented 2010-04-29

HANSARD

VIDEO

REPORT