McIvor Decision Posted on kahnawake.com

11/03/2009

The Mohawk Council of Kahnawà:ke has posted the "McIvor vs Canada (Registrar Indian & Northern Affairs)" British Columbia Court of Appeal ruling on kahnawake.com for those interested in viewing the complete decision.

The McIvor case involved granting full Indian Status to children born between 1951 and 1985, who were affected by the "double mother" rule. The double-mother rule was a provision in the Indian Act that denied status to persons whose mother and father's mother were non-Indians prior to marriage. What this means is that all of these children would gain full status and would now be entitled to pass their Indian status onto their children, regardless if their children's other parent is an Indian.

The changes were to come into effect April 2010 but the case is currently being appealed to the Supreme Court of Canada and the MCK is monitoring the case. This judgment could have a severe impact on the list held by the Federal Government as to who is a entitled to be registered as a Status Indian of Kahnawà:ke. However, Kahnawà:ke continues to follow our own Kahnawà:ke Membership Law to determine Membership.

To view the “McIver” decision, go to the Public Documents page on kahnawake.com .