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The Registrar shall, on inquiry from any person who believes that he or any person he represents is entitled to have his name included in the Indian Register or a Band List maintained in the Department, indicate to the person making the inquiry whether or not that name is included therein.
When Indians complained of administrative abuses and, in the non-Treaty areas, to press their claims of Aboriginal title, the Act was amended to make it an offence to retain a lawyer for the purpose of advancing a claim. The 2-volume Hawthorne Report vividly portrayed the Indian fact in Canada and, after a national consultation with Chiefs, government advanced the 1969 White Paper Policy which would abolish Indian status, Indian reserves, Indian Treaties, the Indian Department and the Indian Act. In fact, Bill C-31 went much further, reinstating those who had previously lost status and their children. The Kamloops Band had lost a court case challenging municipal taxation of their tenants even though the City of Kamloops provided no services to designated lands, which were held to be in any event outside the jurisdiction of the Band Council. Where the conditions set out in subsection (1) have been met with respect to a band, the council of the band shall forthwith give notice to the Minister in writing that the band is assuming control of its own membership and shall provide the Minister with a copy of the membership rules for the band.
Not surprisingly the land base was reduced, often in return for nominal consideration or no consideration: see, e.g., the British Columbia Indian Lands Settlement Act, S. Indian resistance to this initiative, coupled with favourable court decisions, forced government to re-think its policies. This move greatly increased the status Indian population, creating increased demands upon community and government resources which have yet to be resolved. The import of this distinction was to give Band Councils regulatory and taxing jurisdiction over their leased lands. Where a band assumes control of its membership under this section, the membership rules established by the band shall have effect from the day on which notice is given to the Minister under subsection (6), and any additions to or deletions from the Band List of the band by the Registrar on or after that day are of no effect unless they are in accordance with the membership rules established by the band.
At one time, Exchequer Court judges were given the discretion to remove Indians from reserves within urban area although that was only done once. Membership rules established by a band under this section may not deprive any person who had the right to have his name entered in the Band List for that band, immediately prior to the time the rules were established, of the right to have his name so entered by reason only of a situation that existed or an action that was taken before the rules came into force.
Treaty provisions which permitted the federal government to take up reserve lands for public works of Canada were, in the Act, modified to enable any organization with expropriation powers to exercise them on reserve. The Act was extensively amended after World War II and was again under study in the mid-1960's. 17 (4th Supp.)) in the late 1980's were intended to create a distinction between reserve lands available for leasing -- "designated lands" -- and those surrendered absolutely for sale. For greater certainty, subsection (4) applies in respect of a person who was entitled to have his name entered in the Band List under paragraph 11(1)(c) immediately before the band assumed control of the Band List if that person does not subsequently cease to be entitled to have his name entered in the Band List.
Children who were habitually absent from school were "deemed" to be juvenile delinquents. The Registrar may at any time add to or delete from a Band List maintained in the Department the name of any person who, in accordance with this Act, is entitled or not entitled, as the case may be, to have his name included in that List.
Most telling in relation to this attitude was the definition of "person" which was in the statute until 1951: "an individual other than an Indian". The name of a person who is entitled to have his name entered in a Band List maintained in the Department is not required to be entered therein unless an application for entry therein is made to the Registrar.The Act has been roundly criticized on all sides: many want it abolished because it violates normative standards of equality, and these critics tend to be non-Aboriginal; others want First Nations to be able to make their own decisions as self-governing polities and see the Act as inhibiting that freedom. Other such statutes may be searched out online at the web site of the federal Department of Justice, subject to any disclaimers or cautions expressed there.Even within its provisions, others see unfair treatment as between, for example, Indians who live on reserve and those who reside elsewhere. (a) for whose use and benefit in common, lands, the legal title to which is vested in Her Majesty, have been set apart before, on or after September 4, 1951, (b) for whose use and benefit in common, moneys are held by Her Majesty, or (c) declared by the Governor in Council to be a band for the purposes of this Act;(a) in the case of a band to which section 74 applies, the council established pursuant to that section, (b) in the case of a band to which section 74 does not apply, the council chosen according to the custom of the band, or, where there is no council, the chief of the band chosen according to the custom of the band;"designated lands" means a tract of land or any interest therein the legal title to which remains vested in Her Majesty and in which the band for whose use and benefit it was set apart as a reserve has, otherwise than absolutely, released or surrendered its rights or interests, whether before or after the coming into force of this definition;"intoxicant" includes alcohol, alcoholic, spirituous, vinous, fermented malt or other intoxicating liquor or combination of liquors and mixed liquor a part of which is spirituous, vinous, fermented or otherwise intoxicating and all drinks, drinkable liquids, preparations or mixtures capable of human consumption that are intoxicating;"mentally incompetent Indian" means an Indian who, pursuant to the laws of the province in which he resides, has been found to be mentally defective or incompetent for the purposes of any laws of that province providing for the administration of estates of mentally defective or incompetent persons;(a) means a tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band, and (b) except in subsection 18(2), sections 20 to 25, 28, 36 to 38, 42, 44, 46, 48 to 51, 58 to 60 and the regulations made under any of those provisions, includes designated lands;"superintendent" includes a commissioner, regional supervisor, Indian superintendent, assistant Indian superintendent and any other person declared by the Minister to be a superintendent for the purposes of this Act, and with reference to a band or a reserve, means the superintendent for that band or reserve;"surrendered lands" means a reserve or part of a reserve or any interest therein, the legal title to which remains vested in Her Majesty, that has been released or surrendered by the band for whose use and benefit it was set apart.(a) a power conferred on a band shall be deemed not to be exercised unless it is exercised pursuant to the consent of a majority of the electors of the band; and (b) a power conferred on the council of a band shall be deemed not to be exercised unless it is exercised pursuant to the consent of a majority of the councillors of the band present at a meeting of the council duly convened.Where a Band List is maintained by the Department, the Registrar shall, at least once every two months after a copy of the Band List is provided to the council of a band under subsection (1), provide the council of the band with a list of the additions to or deletions from the Band List not included in a list previously provided under this subsection.The council of each band shall, forthwith on receiving a copy of the Band List under subsection (1), or a list of additions to and deletions from its Band List under subsection (2), post the copy or the list, as the case may be, in a conspicuous place on the reserve of the band. After 1990, it is necessary to consult the volumes of the Statutes of Canada or a current bills service for proposed and enacted amendments.Tags: Adult Dating, affair dating, sex dating