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The automatic transfer of women to their husbands’ band list.
When a woman who is registered under the Indian Act is a member of the band that she was born into, either the mother or father’s band, this is referred to as being a member of her “natal band”.
Prior to 1985, when a woman married a man who was a member of a different band, she would automatically become a member of her husband’s band. This transfer of band membership was not voluntary and the right to have her natal band membership restored was never granted.
The impacts of a loss of natal band membership include the forced disconnection between women and their natal communities, even in cases when social and cultural reconnection is desired (e.g. divorce or loss of husband), or when there were rights, benefits, services or settlements that made reconnection preferable.
The Government successfully eliminated sex-based inequities in the registration provisions of the Indian Act over a series of changes since 1985. Because the lawmakers were focused on addressing the registration provisions specifically for those who lost status, changes to the band membership provisions were not made for people who never lost their status. This includes women impacted by their involuntary loss of natal band membership. As a result, many women continue to experience differential treatment in terms of their access to membership in their natal bands as compared to their male counterparts who never lose access to their natal bands.
Band choice has implications for a number of aspects of an individual’s life and may reflect their family, culture, upbringing, values and community. Even once an applicant is affiliated to a First Nation, they may simultaneously retain entitlement to membership with another First Nation. Generally, if someone decides to change their band affiliation, they have the right to pursue that choice, regardless of previous affiliation.
The proposed amendment would create a legal mechanism that would ensure that women who lost the right to their natal band membership prior to 1985 have the right to it and can apply to have that membership restored..
Individuals who are impacted by this proposed amendment will have to go through a band transfer process. In order for registered individuals to transfer bands, a statement of consent is required from the admitting band along with a corresponding written request from the individual requesting the band transfer.
Section 10 First Nations have control of their own membership list and section 11 First Nations have their membership list maintained by the department.
In instances where an individual is entitled to registration under the Indian Act and applies to for membership in their section 11 natal band, the department must affiliate the individual to that section 11 band as result of their acquired rights to band membership.
In instances where an individual is entitled to registration under the Indian Act and wishes to be added to the membership list of their section 10 natal band, the individual must apply for re-affiliation directly with that band. These First Nations maintain their own membership lists and maintain the right to limit their membership.
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