Lynn Gehl - Gehl v Canada: Challenging Sex Discrimination in the Indian Act

Advance Praise for

gehl v canada

Gehl embodies essential Indigenous wisdom, bravery, and responsibility in her work to dismantle the systems of colonial oppression. Her work serves as a beacon in a network of pathways for our people to make their way home.

Chief Wendy Jocko, Algonquins of Pikwkanagn First Nation

The legal decision in Gehl v Canada will have profound effects for the future, ensuring that hundreds of thousands of Indigenous mothers will be able to pass their status on to their children. This victory, the product of decades of struggle by Lynn Gehl, is chronicled here. Read it and learn!

Bonita Lawrence, author of Fractured Homeland: Federal Recognition and Algonquin Identity in Ontario

What a humbling honour and privilege to be able to read Dr. Gehls profound and wise contribution and take her direction regarding the vital action required of all who are committed to promoting equality and justice.

Senator Kim Pate

The status of women under the Indian Act had been disputed for decades. Lynn Gehl led an important part of that struggle bravely and sometimes without much support. This book takes us deeply through the history of this critical struggle for womens rights.

Judy Rebick, author of Heroes in My Head and founding publisher of rabble.ca

Congratulations are due to Dr. Lynn Gehl for her successful challenge of the Indian Registrars refusal to allow her to be registered under the Indian Act . The refusal was based on the fact that because Lynn could not prove who her paternal grandfather was or that he was entitled to be registered, she could not be registered. The Court of Appeal for Ontario found that requiring her to prove the unprovable (the name of her ancestor) was unreasonable and that there was circumstantial evidence showing that he was likely an Indian and a member of the community. On that basis she had established all she could or needed to, and it was unreasonable of the Registrar to demand more. The majority of the judges declined to strike out the requirement as a breach of the equality rights provision of the Charter , because they didnt have to in order to rule in her favour. Good win, Lynn!

The Honourable Murray Sinclair, author of Honouring the Truth, Reconciling for the Future: Summary of the Final Report of the Truth and Reconciliation Commission of Canada

Praise for

claiming anishinaabe

[C]lear, insightful, and desperately needed

Lorraine F. Mayer, author of Cries from a Mtis Heart

Gehl is at the cutting edge with her concepts and ideas.She is on a journey and she documents it well.

Lorelei Anne Lambert, author of Research for Indigenous Survival

[T]he discussion of the heart and mind knowledge, as well as the discussion on the Anishinaabeg Clan System of Governance, [are] major contributions to the research.

Marlyn Bennett, co-editor of Pushing the Margins

Gehl v Canada

challenging sex discrimination in the indian act

Lynn Gehl

2021 Lynn Gehl

All rights reserved. No part of this work covered by the copyrights hereon may be reproduced or used in any form or by any meansgraphic, electronic, or mechanicalwithout the prior written permission of the publisher. Any request for photocopying, recording, taping or placement in information storage and retrieval systems of any sort shall be directed in writing to Access Copyright.

Printed and bound in Canada at Imprimerie Gauvin. The text of this book is printed on 100% post-consumer recycled paper with earth-friendly vegetable-based inks.

Cover design: Duncan Campbell, University of Regina Press

Interior layout design: John van der Woude, jvdw Designs

Copy editor: Alison Jacques

Proofreader: Rhonda Kronyk

Indexer: Siusan Moffat

Library and Archives Canada Cataloguing in Publication

Title: Gehl v Canada : challenging sex discrimination in the Indian Act / Lynn Gehl.

Other titles: Gehl vs. Canada

Names: Gehl, Lynn, 1962- author.

Description: Includes bibliographical references and index.

Identifiers: Canadiana (print) 20210230339 | Canadiana (ebook) 2021023864 x | isbn 9780889778252 (softcover) | isbn 9780889778269 (hardcover) | isbn 9780889778276 ( pdf ) | isbn 9780889778283 ( epub )

Subjects: lcsh : Gehl, Lynn, 1962- | lcsh : Indigenous womenCanadaSocial conditions. | lcsh : Indigenous womenLegal status, laws, etc.Canada. | lcsh : Indigenous peoplesLegal status, laws, etc.Canada. | lcsh : Indigenous peoplesCanadaEthnic identity. | lcsh : Canada. Indian Act. | lcsh : Sex discrimination against womenLaw and legislationCanada. | lcgft : Autobiographies.

Classification: lcc e 98. w 8 g 44 2021 | ddc 305.48/897071dc23

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University of Regina Press, University of Regina
Regina, Saskatchewan, Canada, s4s 0a2
tel: (306) 585-4758 fax: (306) 585-4699
web: www.uofrpress.ca

We acknowledge the support of the Canada Council for the Arts for our publishing program. We acknowledge the financial support of the Government of Canada. / Nous reconnaissons lappui financier du gouvernement du Canada. This publication was made possible with support from Creative Saskatchewans Book Publishing Production Grant Program.

by Mary Eberts

Part One: On Identity Matters

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Part Two: Some Community Writing

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Part Three: On Cultural Genocide

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Part Four: Some Academic Works

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Part Five: A Talk, a Testimonial, and a Submission

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Part Six: Bill s-

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Part Seven: Dishonouring Wenonahs Jurisdiction

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Part Eight: Some Final Thoughts

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I know all too well that Indigenous identity politics is a context where incredible nastiness can emerge. We need to be better people when it comes to watching others struggle with and through it, me included.

Because of the power of colonization and Indigenous identity destruction, many people are not aware that there is a difference between having a little bit of Indigenous ancestry and being and living as an Indigenous person. It has been my experience that when a person is walking back into who their great-grandparents were, who their grandparents and parents are, and thus who they are, the terrain is rocky and fluid. It is my thinking that we need to provide a safe space for people to come back to who they are, and want to be, as Indigenous Peoples. If they are serious, eventually they will move more deeply into the Indigenous worldview and knowledge philosophy. I say this knowing full well that some people claim Indigenous ancestry for the purpose of education funding, employment, arts funding and awards, and political advancement, which in many ways is cultural appropriation. This really bothers me, but we need to remember that colonial laws and policies forced many Indigenous Peoples underground as a way to survive the misery and genocide their ancestors were faced with, where many no longer know who they are related to, human or otherwise, and what their responsibilities to the natural world are as humans. It is becoming more and more obvious to me that there are people out there in need of someone to help them navigate through the landscape of Indigenous identity politics. This book is dedicated to the Indigenous Peoples who remain in the closet. What I know for sure is that you do not have to be a registered Status Indian to pick up your responsibilities and allow them to guide you forward in being the good human being Creator wants us all to be. I hope this work serves people moving more deeply into serving Indigenous nationhood.