C-32 reinstatements now exceed 4,500

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Over 4,500 people have been reinstated to Indian Status since Bill C-31 became law in June, 1985, but that still leaves a waiting list of over 22,900 applications from across Canada as of January, 1986.

"The number of applications has far exceeded what was originally anticipated," said Debbie Jette, director of Bill C-31 implementation.

Processing applications is time consuming. Each piece of information has to be verified by researchers who use records from Indian Affairs, the Public Archives of Canada and Vital Statistics. Sometimes an application will be delayed if information or documentation is missing.

The office also has two information lines which are constantly busy - "Over 200 calls are answered each day," said Mrs. Jette.

Since all reinstatement applications are processed and approved in Ottawa (although staff in Edmonton will help fill out forms and find the proper documentation), up-to-date figures on resinated people in Alberta are unavailable. However, as of November, 1985, 151 people had been reinstated to the Indian register only (these people will receive the general treaty rights such as education and medical care, but do not have band membership or reserve residency rights.)

People on the Indian register only many have to wait two years until bands either write their own membership codes or the federal government automatically places them on a band list, if a membership code is not in place. This group in limbo is mostly made up of the first generation children or people who lost their status through marriage or enfranchisement.

Many other men and women have been reinstated directly to and membership because they lost their status as a result of discriminatory sections of the Indian Act. People who enfranchised or women who married non-Indians are eligible for all the benefits which go along with band membership. This generally includes voting and residency rights and, in some cases, per capita distributions from oil and gas royalties.

However, as outlined in Section 64 of the new Indian Act, reinstated band members must repay the money they received upon enfranchisement or marriage outside the band. Although the reinstated member does not have to repay any sum under $1,000, she or he will owe the band any sum over $1,000 including interest form the time of enfranchisement.

Doug Stephenson, head of statutory requirements in the regional office of Indian Affairs, has been travelling around Alberta talking to Indian groups ever since Bill C-31 was passed. He said he sees two major groups of people who are interested in going back to the reserve: young, single mothers and old people "who say they want to die there."

But there's more to Bill C-31 than just reinstatement. The Bill C-31 implementation office is also responsible for funding and approving membership codes designed by the bands.

"There is a job to be done here for another five years," said Mrs. Jette. "We are not only concerned with treaty status but the implementation of a new law."

Under the revised Indian Act, bands have until June of 1987 to create their own membership codes and then take control of membership on the reserves. If bands do not create codes by 1987, membership rules from the Indian Act will continue to apply."

Clifford Freeman, Treaty 8 Vice-president of Alberta, said there is some interest in his area for creating membership codes, but many bands have other more immediate problems to worry about such as unemployment. For its part, the Indian Association will provide lawyers at band workshops to explain the legal implications of creating a member-ship code.

Mr. Freeman said he has encouraged bands to apply to Ottawa for up to $7,000 in funding available for bands to develop codes. However, he said, "The money they're giving at this point will only help in giving workshops. Bands without funds will need more money to pay lawyers."

By January the Bill C-31 implementation office received 80 applications for unds from across Canada including 12 from Alberta. The office began distributing funds in January, although several bands have gone ahead without government funds to create their own codes which have already been approved.

(Reprinted from ACCENT)