On November 5, 2009 The Supreme Court of Canada missed an opportunity to redress discrimination against Aboriginal Women. Sharon McIvor, who has tirelessly pursued the redress of discrimination against Aboriginal women under the Indian Act for more than two decades sought leave of the Supreme Court of Canada to obtain broad redress for historic discrimination against Aboriginal women and their descendents, consistent with the ruling of the trial judge.
Sharon McIvor’s case is now at the forefront of this continuing fight for Aboriginal women and children’s rights and status. The British Columbia Court of Appeal has heard her case and declared that Section 6 of the Indian Act is of no force and effect because it infringes the equality rights guaranteed by Section 15 of the Charter, and cannot be saved by Section 1. However, it is still unclear what action the government will take on the issue. Parliament has been given a deadline of April 6, 2010 to amend the Act. Both LEAF and NWAC are carefully monitoring the situation and preparing to act if needed.
We must all work together to support Aboriginal women.
