Beyond Blood

Rethinking Indigenous Identity

Pamela Palmater

“For hundreds of years, we have struggled to survive amid a patrilineal system of government. We will not continue to allow government policy to manage our affairs, decide who is Aboriginal or not based on blood quantum ....”        

         – Chief Candice Paul, St. Mary’s First Nation

Author Pamela Palmater argues that the Indian Act’s registration provisions (will lead to the extinguishment of First Nations as legal and constitutional entities. The current status criteria contain descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants.

Beginning with an historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Aboriginal rights and the Canadian Charter of Rights and Freedoms in relation to Indigenous identity. She also examines various band membership codes to determine how they affect Indigenous identity, and how their reliance on status criteria perpetuates discrimination. She offers suggestions for a better way of determining Indigenous identity and citizenship and argues that First Nations themselves must determine their citizenship based on ties to the community, not blood or status.

Contents

·      Introduction: A Mi’kmaq Woman

1.  Legislated Identity: Control, Division, and Assimilation

·      The Honour of the Crown

·      Labels and Politics

·      From Peoples to Indians

·      The Future of a People

2. The Right to Determine Citizenship

·      Indigenous Identity in a Liberal Democracy

·      Aboriginal Rights in Canada

·      Powerful Rights and Limits on Power

3. The Right to Belong: Charter Equality for Indigenous Peoples

·      Indian Act Inequality

·      Charter Equality

·      Remedying Inequality for Indigenous Peoples

4. Band Membership vs. Self-Government Citizenship

·      Band Membership

·      Self-Government Citizenship

·      Rethinking Indigenous Identity and Belonging

·      Conclusion: Beyond Blood

·      Appendix

·      Notes

·      Index

About the Author

Dr. Palmater teaches politics at Ryerson University and holds a JSD in law from Dalhousie University. She was denied Indian status as a Mi’kmaq because her grandmother married a non-Indian.