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Bill C-31 women want oil, gas royalties

Author

Windspeaker Staff, Ottawa

Volume

10

Issue

19

Year

1992

Page 3

The federal court has temporarily rejected claims to oil and gas royalties by a group of 13 women seeking reinstatement in the central Alberta Samson band.

In an interim ruling, Judge James Jerome said he couldn't offer a decision on this aspect of the case without hearing all arguments relating to the women's status with the band under Bill C-31.

"These are issues which must be resolved at trial," he said in a written decision handed down in Ottawa.

The women had asked the court to rule on whether they were entitled to receive royalty payments made to all band members while their membership cases were before the courts.

They began receiving royalty payments when they were reinstated in the band after the passage of Bill C-31 in 1985. But Samson leaders stopped the payments in 1988, claiming they hold the right to decide who is a full-fledged band member.

The courts are now deciding whether the women have a right to full reinstatement in the band, located about 100 kilometres south of Edmonton. If successful,. they will be entitled to full status benefits, including housing and education.

Bill C-31 attempted to correct sexist aspects of the Indian Act that stripped Native women of their status when they married non-Native men. Bands have been reluctant to embrace members returning under 1985 amendments to the Indian Act, claiming they do not have the resources to accommodate spurts of growth in band numbers.