Ottawa approves most codes

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The majority of band membership codes submitted by Alberta Indians have been approved by Ottawa says Edmonton's Indian Affairs regional office.

Perry Bennett, membership director, says out of 36 Alberta bands who submitted membership codes, 29 have been approved, four are under review and three have been rejected. There are 42 reserves in the province.

Michel D'Avignon the Director of Membership and Entitlement in Ottawa says when reviewing membership codes the department is checking for two provisions. Membership codes must be approved by a majority of the band members and must respect acquired rights of persons who are registered Indians.

Under the acquired rights provision Indian bands must guarantee that they will not remove anyone from the band list who is already registered nor place additional membership conditions on registered band members.

D'Avignon says the band membership codes of Kehewin and Beaver Lake bands were rejected because "their membership rules did not respect acquired rights."

Ottawa manager of policy, liaison and training, Jim Allen said the bands had placed additional conditions on registered members. The band membership code "implied" that the band could vote on registered members, Allen says.

"That's saying maybe a person with acquired rights will get membership provided they get voted in," said Allen.

D'Avignon says the bands have been advised by the minister that its membership codes have not been accepted.

Chief Gordon Gadwa of the Kehewin band said the part of the Kehewin membership code rejected by the government deals with women who have been reinstated under Bill C-31.

Bill C-31 was enacted to end discrimination under the Indian Act and to return status to Indian women (and their children) who had lost their status through marriage to non-Indians.

"We're saying they (Bill C-31 women) have to apply and if band members accept them then that's it," said Gadwa. He further stated that whether or not the women are accepted would be determined by a "vote in a band meeting."

However, he said if a woman married out and was now divorced the band would not oppose her returning to the reserve but if a woman "wants to bring a non-Native to live on the reserve then the band would have an objection.

Gadwa sated that under the Indian Act membership is determined by band council consent. "They (government) never had our consent" to bring in members automatically, he said.

The Kehewin band membership code was approved by band members in a workshop and at a general membership meeting by a majority of band members.

Asked if the Kehewin band would re-submit its membership code to the federal government Chief Gadwa said "We want to keep our stand" and added the band had drawn up its own membership code prior to the enactment of Bill C-31.

Chief Al Lameman of the Beaver Lake Band says his band is not asking the government for acceptance on band membership but did submit its code to inform the government of band law dealing with membership.

"It's a law that suits the people at the grassroots level . . . it's their reserve" said Lameman.

He added that the band views itself as sovereign ? "we didn't give up the right to determine our membership," he said.

The chief and council has passed a band council resolution which states that all matters related to citizenship are "the inherent right and responsibility" of the Beaver Lake chief, council and band members.

The Beaver Lake chief said the people on his reserve have totally rejected Bill C-31 "but in the band membership criteria they (Bill C-31 women) might qualify according to our law."

D'Avignon said the Dene Tha membership code was not accepted because the band failed to have the code passed by a majority of electors.

Bands across the country began submitting membership codes two years ago after Bill C-31 was enacted. They were given two years to submit codes defining their membership or membership would be defined under federal plicy.

The two years ended in June of 1987, but Bennett says bands can still submit membership codes.