After demanding both political and military action on removing Native American Indians from the southern states of America inPresident Andrew Jackson signed this into law on May 28, Although it only gave the right to negotiate for their withdrawal from areas to the east of the Mississippi river and that relocation was supposed to be voluntary, all of the pressure was there to make this all but inevitable.
Not all people who self-identify as "Aboriginal" are considered "Indians" under the terms of the act. Only those on the official Indian Register maintained by the federal government or a local "band list" in some cases are Status Indians, subject to the full legal benefits and restrictions of the Indian Act.
Various amendments and court decisions have repeatedly altered the rules regarding who is eligible for Indian Status. Many bands now maintain their own band lists. Loss of status prior to amendments[ edit ] This section may contain too much repetition or redundant language.
Please help improve it by merging similar text or removing repeated statements. August Though people accepted into band membership under band rules may not be status Indians, Bill C clarified that various sections of the Indian Act would apply to such members.
The sections in question are those relating to community life e.
Sections relating to Indians Aboriginal people as individuals in this case, wills and taxation of personal property were not included. Prior toIndians could lose status in a variety of ways including the following: Often property and hereditary leadership passed through the maternal line.
In Attorney General of Canada v. Lavellthese laws were upheld despite arguments made under the Canadian Bill of Rights. The Indian Act was amended in Bill C  to restore status to people who had lost it in one of these ways, and to their children. Discriminatory definition issues[ edit ] This section relies largely or entirely on a single source.
Relevant discussion may be found on the talk page. Please help improve this article by introducing citations to additional sources. August Bonita Lawrence  discusses a feminist position on the relationship between federal definition and Indian identity in Canada.
Untilsubsection 12 1 b of the act "discriminated against Indian women by stripping them and their descendants of their Indian status if they married a man without Indian status.
The Supreme Court of Canada ruled that the Indian Act was not discriminatory, as the pair gained the legal rights of white women at the same time they lost the status of Indian women, in a parallel to R. InSandra Lovelacea Maliseet woman from western New Brunswick forced the issue by taking her case to the United Nations Human Rights Committeecontending that she should not have to lose her own status by her marriage.
The Canadian law was amended in Without legal status, Aboriginal women are unable to access treaty benefits, practice inherent rights to live on their reserve, inherit family property or be buried on reserve with ancestors.
However, these conditions did not apply to status Indian men who married non-status women; these men were able to keep their status. Inflicting gender discriminatory laws the Canadian government marginalized and disadvantaged Aboriginal women. Section 12 gained the attention of female movements contributing to a variety of proposals for reform.
As stated in Bill C women who lost their status as a result of marrying a man who was not a status Indian can apply for reinstatement and regain status under subsection 6 1.
Since, the children of reinstated women have restrictions on their status, and status Indian men continue to hold greater quality of status then women.
Bill C amendments create a new system for classifying status Indians that maintains gender discrimination.The South Carolina Supreme Court ruled on July 17 that the child at the center of the U.S.
Supreme Court ruling on June 25 in Adoptive Couple vs. Baby Girl, must be returned to her adoptive parents. The case involved the Indian Child Welfare Act (ICWA), a law intended to prevent the breakdown.
Text of The Indian Removal Act, Passed into law during Jackson's second year as President, this Act set the tone for his administration's handling of all Indian affairs. Facts, information and articles about Indian Removal Act, from American History Indian Removal Act summary: After demanding both political and military action on removing Native American Indians from the southern states of America in , President Andrew Jackson signed this into law on May 28, Although it only gave the right to negotiate for .
The legislature further intends that nothing in this chapter is intended to interfere with policies and procedures that are derived from agreements entered into between the department and a tribe or tribes, as authorized by section of the federal Indian child welfare act.
Text of The Indian Removal Act, Passed into law during Jackson's second year as President, this Act set the tone for his administration's handling of all Indian affairs. By way of introduction: The Reservation Boarding School System was a war in disguise. It was a war between the United States government and the children of the First People of this land.