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Gehl v Canada: Challenging Sex Discrimination in the Indian Act
How the Gehl decision advanced indigenous rights in Canada
“[R]emarkable . . . a monument in Indigenous struggles with the colonial Crown.” ―Veldon Coburn, Institute of Indigenous Research and Studies, University of Ottawa
A follow-up to Claiming Anishinaabe, Gehl v Canada is the story of Lynn Gehl’s lifelong journey of survival against the nation-state’s constant genocidal assault against her existence. While Canada set up its colonial powers―including the Supreme Court, House of Commons, Senate Chamber, and the Residences of the Prime Minister and Governor General―on her traditional Algonquin territory, usurping the riches and resources of the land, she was pushed to the margins, exiled to a life of poverty in Toronto’s inner-city.
With only beads in her pocket, Gehl spent her entire life fighting back, and now offers an insider analysis of Indian Act litigation, the narrow remedies the court offers, an important critique of the methodology of legal positivism, and an analysis of obfuscating parliamentary discourse. Drawing on social identity and Indigenous theories, the author offers Disenfranchised Spirit Theory, revealing insights into the identity struggles facing Indigenous Peoples to this day.
“Gehl embodies essential Indigenous wisdom, bravery, and responsibility in her work to dismantle the systems of colonial oppression. Her work serves as a beacon in a network of pathways for our people to make their way home.” ―Chief Wendy Jocko, Algonquins of Pikwàkanagàn First Nation
“The legal decision in Gehl v Canada will have profound effects for the future, ensuring that hundreds of thousands of Indigenous mothers will be able to pass their status on to their children. This victory, the product of decades of struggle by Lynn Gehl, is chronicled here. Read it and learn!” ―Bonita Lawrence, author of Fractured Homeland
“[R]emarkable . . . a monument in Indigenous struggles with the colonial Crown.” ―Veldon Coburn, Institute of Indigenous Research and Studies, University of Ottawa
A follow-up to Claiming Anishinaabe, Gehl v Canada is the story of Lynn Gehl’s lifelong journey of survival against the nation-state’s constant genocidal assault against her existence. While Canada set up its colonial powers―including the Supreme Court, House of Commons, Senate Chamber, and the Residences of the Prime Minister and Governor General―on her traditional Algonquin territory, usurping the riches and resources of the land, she was pushed to the margins, exiled to a life of poverty in Toronto’s inner-city.
With only beads in her pocket, Gehl spent her entire life fighting back, and now offers an insider analysis of Indian Act litigation, the narrow remedies the court offers, an important critique of the methodology of legal positivism, and an analysis of obfuscating parliamentary discourse. Drawing on social identity and Indigenous theories, the author offers Disenfranchised Spirit Theory, revealing insights into the identity struggles facing Indigenous Peoples to this day.
“Gehl embodies essential Indigenous wisdom, bravery, and responsibility in her work to dismantle the systems of colonial oppression. Her work serves as a beacon in a network of pathways for our people to make their way home.” ―Chief Wendy Jocko, Algonquins of Pikwàkanagàn First Nation
“The legal decision in Gehl v Canada will have profound effects for the future, ensuring that hundreds of thousands of Indigenous mothers will be able to pass their status on to their children. This victory, the product of decades of struggle by Lynn Gehl, is chronicled here. Read it and learn!” ―Bonita Lawrence, author of Fractured Homeland
- GenresNonfiction
272 pages, Paperback
Published September 18, 2021
2 people are currently reading
30 people want to read
About the author
Lynn Gehl
5 books9 followersLynn is an author, advocate, artist, and public speaker. Her work encompasses both anti-colonial work and the celebration of Indigenous knowledge. She challenges Canada’s practices, policies, and laws of colonial genocide such as the land claims and self-government process, sex-discrimination in the Indian Act, the continued destruction of Akikpautik / Chaudière Falls–an Anishinaabeg sacred place, and Canada’s lack of policy addressing Indigenous women and girls with disabilities who are bigger targets of sexual violence. She weaves wampum belts, builds petro-forms, and paints. She also has several professionally published peer reviewed books: “Gehl v Canada: Challenging Sex Discrimination in the Indian Act” (2021), “Claiming Anishinaabe: Decolonizing the Human Spirit” (2017), “The Truth that Wampum Tells: My Debwewin on the Algonquin Land Claims Process” (2014), and “Anishinaabeg Stories: Featuring Petroglyphs, Petrographs, and Wampum Belts” (2012). She has several academic contributions in journals and chapters in books; 140 community contributions in magazines, websites, news papers, and op-eds; as well as 150 personal blogs. Lynn is frequently called upon as an expert by various media outlets to offer commentary on Indigenous issues.
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January 8, 2022
Gehl v Canada is a collection of essays about Dr. Lynn Gehl’s legal challenge of sex discrimination in the Indian Act. Gehl is an Algonquin Anishinaabe-Kwe, a member of Pikwakanagan First Nation. She was denied her Indian status by Canada’s Department of Indian Affairs because her father did not know who his father was. Sex discrimination in the Indian Act is intergenerational.
I appreciate Gehl’s explanation of the process she took to organize the essays in each chapter of the book in the Introduction, and her patiently explain the sex discrimination she, her family and other First Nations women experienced. “...the issue is complex and thus a complexity of thought is needed to understand it” (p. 56). It shouldn’t be this way. Canada’s Indian Act purposefully complicated the rules that define who is not an Indian, which intentionally targeted First Nations women and their children, and as a result, created a hierarchy of 6(1) - 6(2) Indian status based on patrilineal and matrilineal lines. By doing so, regardless of its evolution since it first came to power in 1876, The Indian Act interfered with First Nations jurisdiction of defining who they are and who belong to their citizenship, and ultimately violates the treaty, nation-to-nation relationships that were codified and ratified at the 1764 Treaty at Niagara.
“Canada Is Carrying Out Cultural Genocide with a Smile” (p. 54).
It took Gehl over 30 years (1985-2017) to win her legal challenge on sex discrimination in the Indian Act because of unknown and thus unstated paternity of her grandfather. Since 1985, the Registrar at the Department of Indian Affairs assumed the father of a First Nations child was a white man, if the father was unknown and therefore whose name could not be recorded on the child’s birth certificate. There are many situations in which a child’s father is unknown, for example, situations where a child is conceived through sexual violence such as rape, gang rape, sexual slavery or prostitution (p. xxxvi).
Due to this policy practice, First Nations children of unknown and thus unstated paternity would have lower status on the hierarchy of 6(1) - 6(2) Indian status, or lose their Indian status altogether. Being deprived of one’s Indian status has profound social, political and economic implications. It severs one’s connections to their community and their land. It pushes one’s family deeper into poverty. It eliminates Canada’s treaty obligations to First Nations people.
Discrimination against First Nations mothers and their children due to unknown and thus unstated paternity is one aspect of sex discrimination in the Indian Act. Working together with other sex discriminatory legislation in the Act such as the second-generation cut-off rule and the Indian status 6(1) - 6(2) hierarchy, Canada perpetrated violence against Indigenous women including the missing and murdered Indigenous women and girls, and thus genocide.
All for the purpose of taking the land.
Throughout the 30+ years of her legal challenge, Gehl was represented pro bono by the Aboriginal Legal Services of Toronto. I appreciate her piecing her journey together as a complete story in Chapter 23: “My Last chapter: I Am Only a Woman” (p. 135-202). Grounded in her Indigenous methodology, she tells her story and offers her analysis of her experience in this chapter. By reading about her 32 years of battle with Canada through the Department of Justice (DoJ) documented in this book, I learned a great deal about Canada’s abuse of power, manipulative tactics and legislative obfuscation. “DoJ billed INAC more than one million dollars to litigate Gehl v Canada” (p. 233). I also learned a great deal about Gehl’s courageous and persistent efforts to challenge the colonial power and the profound impact it has on other Indigenous women.
I am very touched by what Gehl wrote in the Dedication:
How can we give back in reciprocity of Gehl’s generosity?
In 2017, the Indian Act was once again amended through Bill S-3. It added the Gehl clauses in the Act stating that there is no presumption of the Indian status of a parent, grandparent or other ancestor of an applicant, if the parent, grandparent or other ancestor is unknown or unstated on a birth certificate. However, the Registrar still holds the power to determine whether the parent, grandparent or other ancestor is, was or would have been entitled to be registered after considering all of the relevant evidence presented by the applicant or otherwise (p. 192-193).
Bill S-3 also included “6(1)a All The Way!” clauses, which would eliminate the Indian status 6(1) - 6(2) hierarchy once and for all. Unfortunately, these clauses did not get passed by the House of Commons for a nonsense reason that a consultation was needed (p. 232). Eventually these clauses came into existence when an order in council was issued at a later date.
“You don’t need to consult on rights”, said Gehl, “A right is a right. If you have to consult on it, it's not a right.” (Source: Ka’nhehsí:io Deer. First Nations women and their descendants need 6(1)(a) status 'all the way,' says advocate. CBC News. March 6, 2019.)
As of August 15, 2019, the “6(1)a All The Way!” clauses were brought into force by Canada’s federal government, after another year and half’s advocacy on the international and domestic levels led by Indigenous women thinkers, human rights experts, and lawyers. It included Gehl’s 17 Tuesdays campaign, which involved demonstrations outside of the office of Maryam Monsef, the Minister of Women and Gender Equality, every Tuesday for a total of 17 Tuesdays. (Source: Melodie McCullough. “We Won”: “6(1)a All the Way” Clause Ending Sex Discrimination In Indian Act To Come Into Force Before Election. JOURNEY Magazine. June 17, 2019.)
I appreciate Gehl’s explanation of the process she took to organize the essays in each chapter of the book in the Introduction, and her patiently explain the sex discrimination she, her family and other First Nations women experienced. “...the issue is complex and thus a complexity of thought is needed to understand it” (p. 56). It shouldn’t be this way. Canada’s Indian Act purposefully complicated the rules that define who is not an Indian, which intentionally targeted First Nations women and their children, and as a result, created a hierarchy of 6(1) - 6(2) Indian status based on patrilineal and matrilineal lines. By doing so, regardless of its evolution since it first came to power in 1876, The Indian Act interfered with First Nations jurisdiction of defining who they are and who belong to their citizenship, and ultimately violates the treaty, nation-to-nation relationships that were codified and ratified at the 1764 Treaty at Niagara.
“Canada Is Carrying Out Cultural Genocide with a Smile” (p. 54).
It took Gehl over 30 years (1985-2017) to win her legal challenge on sex discrimination in the Indian Act because of unknown and thus unstated paternity of her grandfather. Since 1985, the Registrar at the Department of Indian Affairs assumed the father of a First Nations child was a white man, if the father was unknown and therefore whose name could not be recorded on the child’s birth certificate. There are many situations in which a child’s father is unknown, for example, situations where a child is conceived through sexual violence such as rape, gang rape, sexual slavery or prostitution (p. xxxvi).
Due to this policy practice, First Nations children of unknown and thus unstated paternity would have lower status on the hierarchy of 6(1) - 6(2) Indian status, or lose their Indian status altogether. Being deprived of one’s Indian status has profound social, political and economic implications. It severs one’s connections to their community and their land. It pushes one’s family deeper into poverty. It eliminates Canada’s treaty obligations to First Nations people.
Discrimination against First Nations mothers and their children due to unknown and thus unstated paternity is one aspect of sex discrimination in the Indian Act. Working together with other sex discriminatory legislation in the Act such as the second-generation cut-off rule and the Indian status 6(1) - 6(2) hierarchy, Canada perpetrated violence against Indigenous women including the missing and murdered Indigenous women and girls, and thus genocide.
All for the purpose of taking the land.
Throughout the 30+ years of her legal challenge, Gehl was represented pro bono by the Aboriginal Legal Services of Toronto. I appreciate her piecing her journey together as a complete story in Chapter 23: “My Last chapter: I Am Only a Woman” (p. 135-202). Grounded in her Indigenous methodology, she tells her story and offers her analysis of her experience in this chapter. By reading about her 32 years of battle with Canada through the Department of Justice (DoJ) documented in this book, I learned a great deal about Canada’s abuse of power, manipulative tactics and legislative obfuscation. “DoJ billed INAC more than one million dollars to litigate Gehl v Canada” (p. 233). I also learned a great deal about Gehl’s courageous and persistent efforts to challenge the colonial power and the profound impact it has on other Indigenous women.
I am very touched by what Gehl wrote in the Dedication:
“Gehl v Canada represents my struggle to get Canada and Indigenous and Northern Affairs Canada (INAC) in particular, out of the business of, first, thinking it can control the Creator’s work that women have been bestowed and, second, thinking it has the right to control the Eastern Doorway, meaning their process of giving birth. The Eastern Doorway will always remain the jurisdiction of women. That is how the Creator intended it to be. Gehl v Canada was about more than me. It was so much bigger than me. It was about women, all women, even white settler women, and our right as women to preserve what is ours.”(p. xii)
How can we give back in reciprocity of Gehl’s generosity?
In 2017, the Indian Act was once again amended through Bill S-3. It added the Gehl clauses in the Act stating that there is no presumption of the Indian status of a parent, grandparent or other ancestor of an applicant, if the parent, grandparent or other ancestor is unknown or unstated on a birth certificate. However, the Registrar still holds the power to determine whether the parent, grandparent or other ancestor is, was or would have been entitled to be registered after considering all of the relevant evidence presented by the applicant or otherwise (p. 192-193).
Bill S-3 also included “6(1)a All The Way!” clauses, which would eliminate the Indian status 6(1) - 6(2) hierarchy once and for all. Unfortunately, these clauses did not get passed by the House of Commons for a nonsense reason that a consultation was needed (p. 232). Eventually these clauses came into existence when an order in council was issued at a later date.
“You don’t need to consult on rights”, said Gehl, “A right is a right. If you have to consult on it, it's not a right.” (Source: Ka’nhehsí:io Deer. First Nations women and their descendants need 6(1)(a) status 'all the way,' says advocate. CBC News. March 6, 2019.)
As of August 15, 2019, the “6(1)a All The Way!” clauses were brought into force by Canada’s federal government, after another year and half’s advocacy on the international and domestic levels led by Indigenous women thinkers, human rights experts, and lawyers. It included Gehl’s 17 Tuesdays campaign, which involved demonstrations outside of the office of Maryam Monsef, the Minister of Women and Gender Equality, every Tuesday for a total of 17 Tuesdays. (Source: Melodie McCullough. “We Won”: “6(1)a All the Way” Clause Ending Sex Discrimination In Indian Act To Come Into Force Before Election. JOURNEY Magazine. June 17, 2019.)
October 21, 2024
5 shining stars!
Knowing I am a reader, a friend of mine asked me an interesting question recently: “Are there any book publishers that you will read their books without even knowing what the book is about?” I immediately replied, “Yes - Harlequin and University of Regina Press. The first because I'm a sucker for a heartfelt romance and the second because every single book they publish is so thoroughly researched that any topic they cover is fascinating to read about.” So when University of Regina Press publication Gehl v Canada landed on my desk, I couldn't wait to dive in!
Detailing in a brief review what Gehl v Canada is about is nearly impossible as the subject matter is gigantic. We hit on so many familial, feminist, and Indigenous issues, among others. It's challenging to encapsulate it. Perhaps Mary Eberts says it best in the forward: “Dr. Lynn Gehl describes the effort she made to document the sex discrimination affecting her and her family, her decision to challenge that discrimination, and how she applied herself to various proceedings… until she achieved victory.” To be clear, this is only Gehl's account of her journey as she challenged the Indian Act.
Like most University of Regina Press books, this one isn't a quick read. I struggled at times to keep the chronological events straight, so it was helpful that Gehl included a timeline near the back of the book. It starts with the pre-2001 years and ends on October 25, 2019, when Gehl received an upgrade on her status registration category.
As I devoured Gehl versus Canada, I learned so much about the Anishinaabe culture and traditions. For example, they value the color black as it is a reminder to respect the unknown and to recognize that all knowledge cannot be known to humans. And I learned that in the Indigenous culture, the practice of mothering is highly cherished; it is more of a social process not solely for biological reasons, so mothering children who are not one’s own is a common practice. Readers also glean vital facts such as Gehl’s estimation that since 1985, as many as 25,000 Indigenous children have been affected by genocide.
Gehl v Canada is the follow-up to Claiming Anishinaabe, the story of Lynn Gehl's lifelong journey of survival against the nation state's constant genocidal assault against her existence. You do not have to have read Claiming Anishinaabe to thoroughly enjoy Gehl v Canada.
Gehl v Canada is a compelling book that I highly recommend to everyone. Knowledge is power and readers will turn the last page feeling more educated on so many facets of Canadian history and Indigenous struggles and issues. Two big thumbs up!
THIS BOOK IS AVAILABLE AT YOUR LOCAL BOOKSTORE OR FROM WWW.SKBOOKS.COM
Knowing I am a reader, a friend of mine asked me an interesting question recently: “Are there any book publishers that you will read their books without even knowing what the book is about?” I immediately replied, “Yes - Harlequin and University of Regina Press. The first because I'm a sucker for a heartfelt romance and the second because every single book they publish is so thoroughly researched that any topic they cover is fascinating to read about.” So when University of Regina Press publication Gehl v Canada landed on my desk, I couldn't wait to dive in!
Detailing in a brief review what Gehl v Canada is about is nearly impossible as the subject matter is gigantic. We hit on so many familial, feminist, and Indigenous issues, among others. It's challenging to encapsulate it. Perhaps Mary Eberts says it best in the forward: “Dr. Lynn Gehl describes the effort she made to document the sex discrimination affecting her and her family, her decision to challenge that discrimination, and how she applied herself to various proceedings… until she achieved victory.” To be clear, this is only Gehl's account of her journey as she challenged the Indian Act.
Like most University of Regina Press books, this one isn't a quick read. I struggled at times to keep the chronological events straight, so it was helpful that Gehl included a timeline near the back of the book. It starts with the pre-2001 years and ends on October 25, 2019, when Gehl received an upgrade on her status registration category.
As I devoured Gehl versus Canada, I learned so much about the Anishinaabe culture and traditions. For example, they value the color black as it is a reminder to respect the unknown and to recognize that all knowledge cannot be known to humans. And I learned that in the Indigenous culture, the practice of mothering is highly cherished; it is more of a social process not solely for biological reasons, so mothering children who are not one’s own is a common practice. Readers also glean vital facts such as Gehl’s estimation that since 1985, as many as 25,000 Indigenous children have been affected by genocide.
Gehl v Canada is the follow-up to Claiming Anishinaabe, the story of Lynn Gehl's lifelong journey of survival against the nation state's constant genocidal assault against her existence. You do not have to have read Claiming Anishinaabe to thoroughly enjoy Gehl v Canada.
Gehl v Canada is a compelling book that I highly recommend to everyone. Knowledge is power and readers will turn the last page feeling more educated on so many facets of Canadian history and Indigenous struggles and issues. Two big thumbs up!
THIS BOOK IS AVAILABLE AT YOUR LOCAL BOOKSTORE OR FROM WWW.SKBOOKS.COM
Displaying 1 - 2 of 2 reviews