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Indigenous rights and self-governance


Full Indigenous jurisdiction

Recommendation 1: Implementation of the United Nations Declaration on the Rights of Indigenous Peoples at all levels of government; assertion of Aboriginal Title over lands; jurisdiction over all areas of law-making; and restoration of collective Indigenous women’s rights and governance.


Legislative reform to reduce Indigenous women’s manufactured vulnerability

Recommendation 5: Remove discrimination from the Indian Act by making women and men equal in the ability to pass on status, repair situations where discrimination against women has disadvantaged those claiming status through the mother’s line, and remove the two-parent rule for transmitting status and the 6(2) cutoff that withholds status from the children of many women who are unable or unwilling to provide the father’s name.


Legislative reform to reduce Indigenous women’s manufactured vulnerability

Recommendation 7: Require Gladue factors to be used as mitigating factors only, unless the victim is an Indigenous woman in which case her wishes should take precedence over an offender.


Legislative reform to reduce Indigenous women’s manufactured vulnerability

Recommendation 8: End the policing practice of street checks; reduce the number of bylaw infraction tickets issued by police in the DTES; prohibit police from carrying and using all lethal weapons; develop guidelines to facilitate greater use of police discretion not to lay charges especially for minor poverty-related offences; and end the counter-charging and criminalization of Indigenous women who defend themselves or their children.


Legislative reform to reduce Indigenous women’s manufactured vulnerability

Recommendation 9: Commit to using non-incarceration and alternative measures especially for minor offenses committed by Indigenous women. Governments must also provide sufficient and stable funding to Indigenous communities and organizations to provide alternatives to incarceration including community-based rehabilitation, diversion, community courts, and restorative justice methods geared towards Indigenous women.


Recommendations to end Indigenous women’s displacement from land

Recommendation 36: All levels of government and police forces must end the criminalization of Indigenous peoples who are asserting their jurisdiction and rights to lands and resources.


Recommendations to end Indigenous women’s displacement from land

Recommendation 37: All Canadian and Aboriginal governments must ensure that Indigenous women are engaged fully and have equitable access to decision-making on issues of governance, land, culture, language, housing, child care, income security, employment, education, health, and other areas impacting Indigenous women.


Recommendations to end Indigenous women’s displacement from land

Recommendation 38: Remove discrimination from the Indian Act by making women and men equal in the ability to pass on status, repair situations where discrimination against women has disadvantaged those claiming status through the mother’s line, and remove the two-parent rule for transmitting status and the 6(2) cutoff that withholds status from the children of many women who are unable or unwilling to provide the father’s name.


Recommendations to end Indigenous women’s displacement from land

Recommendation 39: Compensation for the disenfranchisement and lack of protections for women and their descendants as a result of the discriminatory Indian Act and matrimonial real property laws.


Recommendations to end Indigenous women’s displacement from land

On reserve

Recommendation 41: Implementation of overarching substantive federal legislation to protect the rights of women and children living on reserve in the interim until First Nations communities can develop their own laws to replace matrimonial real property laws. This legislation should include opt-out clauses.


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