And now:Ish <[EMAIL PROTECTED]> writes: From: "Waabs" <[EMAIL PROTECTED]> Subject: YIPPEE Date: Tue, 15 Jun 1999 14:09:34 -0700 SUPREME COURT DECISION SUPPORTS FIRST NATIONS POSITION ON CITIZENSHIP AND MEMBERSHIP May 20, 1999 The National Chief of the Assembly of First Nations, Phil Fontaine, says that the decision handed down today by the Supreme Court reinforces First Nations position that they, and not the federal government, should decide on the citizenship and membership of First Nations. "This case clearly shows that the Indian Act is an antiquated, racist and outdated piece of legislation. The Supreme Court recognizes this and has given the government 18 months to amend it. By the same token, it has also signaled that the government must recognize that First Nations are the ones who are best suited to determine their own laws and governance on this matter", said National Chief Fontaine. "The government must also recognize that they have the legal obligation to provide the financial resources to the communities in light of this decision." The Supreme Court has also stated quite clearly that First Nations women have been severely disadvantaged by the Indian Act. The ruling states "Aboriginal women, who can be said to be doubly disadvantaged on the basis of both sex and race, are particularly affected by differential treatment of off-reserve band members". This can also be traced back to the discriminatory treatment of First Nations women under the Indian Act and subsequent policies. The Supreme Court ruling has stated clearly that the government has 18 months to change the Indian Act and allow First Nations citizens, living away from their community, the right to vote in Band elections. The Chiefs-in-Assembly have stated on many occasions that they represent all First Nations citizens, regardless of residency. The Court decision reinforces that and supports, by extension, the inherent right to self-government of First Nations in determining their citizenship. "The Indian Act, a piece of legislation that was created to get rid of the "Indian problem", also divided our communities by imposing a classification among our citizens based on their residency. The government further exacerbated that by also imposing various levels of service and rights on our citizens depending upon residency. This decision states, and I quote, "those affected, or their parents may have left the reserve given historical circumstances such as an often inadequate land base, a serious lack of economic opportunities and housing and the operation of past Indian status and band membership rules imposed by Parliament". This reinforces our position that we are the only ones to determine what s best for all our citizens, regardless of residency", added the National Chief. The end result, however, is that First Nations are once again victims of this legislation. Although in the short term there may be uncertainty as a result of this decision, it will provide an opportunity for First Nations to address a long-standing problem that has created much division within their communities. "This decision highlights the crucial need for First Nations to create their own legislation in the area of governance. The AFN has already started looking into this issue through the Lands and Trust Services Initiative. We are working with our communities to resolve these issues because we are best suited to manage our own affairs", concluded National Chief Fontaine. For additional information, contact Jean LaRose at (613) 241-6789, ext. 251 or by email at [EMAIL PROTECTED] [] Copyright © Assembly of First Nations National Indian Brotherhood 1999 "in some of my dreams i love with one hand and i fight with the other. in some of my other hands, i love with both hands, and the fighting is over." Reprinted under the fair use http://www4.law.cornell.edu/uscode/17/107.html doctrine of international copyright law. &&&&&&&&&&&&&&&&&&&&&&&&&& Tsonkwadiyonrat (We are ONE Spirit) Unenh onhwa' Awayaton http://www.tdi.net/ishgooda/ &&&&&&&&&&&&&&&&&&&&&&&&&&
