Jeannette Corbiere Lavell challenged the Indian Act’s sex discrimination under the Canadian Bill of Rights in 1971, along with Yvonne Bédard, and lost. Sharon McIvor challenged the Indian Act’s sex discrimination under the Canadian Charter of Rights and Freedoms and the International Covenant on Civil and Political Rights and won in 2019. Dawn Lavell-Harvard is the president of the Ontario Native Women’s Association.
This may seem technical. But First Nations women know from personal experience that the harms of this discrimination are extreme, and there is a lot at stake. Thousands of descendants of First Nations women are excluded from membership, statutory benefits, treaty payments, belonging, identity and decision-making about the future of their nations – simply because their First Nations ancestor is female, not male.
Because of the stigma and alienation from the community it causes, sex discrimination in the Indian Act has been identified by both the United Nations and the Inter-American Commission on Human Rights as a root cause of the current crisis of violence against Indigenous women and girls.
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