A Native woman who lost her status under the Indian Act because she married a non-Native man has won another ruling in her lawsuit against the Canadian government

Sharon McIvor sought to be recognized as a member of the Lower Nicola Indian Band in British Columbia in 1985. After going to court, she was reinstated under an amendment to the Indian Act that sought to restore the rights of women who married outside of their First Nations.

But the B.C. Court of Appeal said the amendment violates the Canadian Charter of Rights and Freedoms because it did not extend to McIvor's son, who had married a non-Native women. Though her son was also reinstated, his children are barred from being recognized under the Indian Act because the law continues to treat Native women differently, the court said.

The court is giving the government a year to address the situation. The government could appeal to the Supreme Court of Canada.

Get the Story:
B.C. court tells Ottawa to amend Indian Act (CBC 4/8)

Earlier Story:
Daphne Bramham: The long, hard road of Sharon McIvor (The Vancouver Sun November 9, 2007)

B.C. Court of Appeal Decision:
McIvor v. Canada (April 6, 2009)

B.C. Supreme Court Decision:
McIvor v. ndian and Northern Affairs Canada (June 2007)