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:
To search for all McIvor v. Canada aticles:
Click Here.
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
To read Canada’s Further Reply to the McIvor Petition click here: Canada’s Further Reply to 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
Introduction and First Reading 2010-03-11
HANSARD
VIDEO
Second Reading and Referral to Committee 2010-03-26, 2010-03-29
HANSARD:
March 26th
March 29th
VIDEO:
March 26th
March 29th
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
Speaker’s Ruling on Committee Amendments 2010-05-11
HANSARD
VIDEO
Concurrence at Report Stage 2010-05-25, 2010-10-26
HANSARD:
May 25th
October 26th
VIDEO:
May 25th
October 26th
Third Reading 2010-11-22
HANSARD
VIDEO
Senate
First Reading 2010-11-23
HANSARD
Second Reading, Referral to Committee 2010-11-25
HANSARD
Committee
Standing Senate Committee on Human Rights
TRANSCRIPT OF EVIDENCE 2010-11-29 (November 29): TRANSCRIPT
TRANSCRIPT OF EVIDENCE 2010-12-06 (December 6): TRANSCRIPT
VIDEO:
November 29th
December 6th
Committee Report Presented 2010-12-07
without amendment but with observations
HANSARD
REPORT
Third Reading 2010-12-08, 2010-12-09
HANSARD:
December 8th
December 9th
Royal Assent Statutes of Canada: 2010, c. 18 2010-12-15
HANSARD
For further information about the Parliamentary process surrounding Bill C-3 please visit: Bill C-3 on LegisINFO
To search for all McIvor v. Canada aticles:
Click Here.
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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:
Click Here.
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
To read Canada’s Further Reply to the McIvor Petition click here: Canada’s Further Reply to 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
Introduction and First Reading 2010-03-11
HANSARD
VIDEO
Second Reading and Referral to Committee 2010-03-26, 2010-03-29
HANSARD:
March 26th
March 29th
VIDEO:
March 26th
March 29th
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
Speaker’s Ruling on Committee Amendments 2010-05-11
HANSARD
VIDEO
Concurrence at Report Stage 2010-05-25, 2010-10-26
HANSARD:
May 25th
October 26th
VIDEO:
May 25th
October 26th
Third Reading 2010-11-22
HANSARD
VIDEO
Senate
First Reading 2010-11-23
HANSARD
Second Reading, Referral to Committee 2010-11-25
HANSARD
Committee
Standing Senate Committee on Human Rights
TRANSCRIPT OF EVIDENCE 2010-11-29 (November 29): TRANSCRIPT
TRANSCRIPT OF EVIDENCE 2010-12-06 (December 6): TRANSCRIPT
VIDEO:
November 29th
December 6th
Committee Report Presented 2010-12-07
without amendment but with observations
HANSARD
REPORT
Third Reading 2010-12-08, 2010-12-09
HANSARD:
December 8th
December 9th
Royal Assent Statutes of Canada: 2010, c. 18 2010-12-15
HANSARD
For further information about the Parliamentary process surrounding Bill C-3 please visit: Bill C-3 on LegisINFO
Click Here.