At issue was the section of the Indian Act which provided that: “A woman who is a member of a band ceases to be a member of that band if she marries a person who is not a member of that band,…male Indian who marries outside the band or who marries a non-Indian is not by that Act deprived of his status…”.
Indian Act Discrimination in Canada
Native women were not present or considered during land treaty negotiations or development of the Act. They were not given property ownership, even as widows. If a relationship ended, the man was given sole rights.
The group did not represent all women of that reserve. They did, however, walk in the footsteps of others such as Mary Two-Axe Earley, Jeannette Lavell, and Yvonne Bedard.
Women of Tobique Occupation of Band Office
In August 1977 the women started their action by picketing outside the band office. They wanted the band council to provide decent homes for their families. The women with their children began a sit in at the band office and waited to meet with the Chief who ignored them. Eventually the workers and council moved out of the building.
There was much opposition from men and women of the reserve. The women did not retaliate in any way to the stone throwing, name calling, or violent acts. As the situation became more volatile, the women felt that they were protected in part by the presence of media representatives.
The Tobique women received support from Native war veterans, Elders, and many people on and off their reserve. Dr. Noel A. Kinsella, Chairman of the province’s Human Rights Commission suggested that they take their case to the United Nations. Sandra Lovelace was persuaded to take it forward. The question was not just about housing, but about the rights of women and their children.
Sandra Lovelace Complaint Filed with United Nations
Sandra Lovelace’s complaint against the Canadian government was filed with the United Nations Human Rights Committee in Geneva, Switzerland December 29, 1977.
The Native Women’s Walk to Ottawa (July 14-21, 1979) drew national attention. The Canadian Broadcasting Corporation’s coverage on The National newscast seemed to give legitimacy to the women’s actions in the minds of many people. Women’s groups and other organizations were represented at the rally on Parliament Hill. While in Ottawa, they received a promise of help from Prime Minister Joe Clarke. His defeat in the following election meant more delays.
The Tobique women organized a New Brunswick Native Women’s Conference in Fredericton in 1981. Some became members of provincial and federal Status of Women committees.
United Nations Human Rights Committee Decision
The United Nations Human Rights Committee issued its decision on July 30, 1981. It found that with sexual discrimination in the Indian Act, Canada was in breach of the International Covenant on Civil and Political Rights. The Committee’s decision had no legal force, but was an important breakthrough.
The Tobique women continued their work by participating in conferences and assemblies. They lobbied in 1983 at the First Ministers’ Conference on Constitutional Aboriginal Matters in Ottawa. During that year, supportive candidate Dave Perley was elected Chief in Tobique.
Canada’s Bill C-31 Became Law
On June 28, 1985, Bill C-31 to eliminate sexual discrimination from the Indian Act became law. It offered full reinstatement to everyone who was born with Indian status.
On August 17, 1985, a Reinstatement Celebration was held on the Tobique Reserve. Change did not happen overnight. On many reserves, there was opposition and there were delays in reinstatement and provision of housing.
The women of Tobique: Lilly Harris, Ida Paul, Eva Saulis, Mavis Goeres, Joyce Sappier, Bet-te Paul, Juanita Perley, Shirley Bear, Glenna Perley, Caroline Ennis, Sandra Lovelace, Karen Perley, Cheryl Bear
Sandra Lovelace (Nicholas) is currently serving as a Liberal Senator in Ottawa.
Sources:
Enough Is Enough: Aboriginal Women Speak Out, As Told to Janet Silman; Women's Press 1987
Voices Unabridged: The E-Magazine on Women and Human Rights Worldwide
Kathleen Airdrie - Kathleen has thirty years' freelance writing experience covering history, biographical profiles, environmental and social issues
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