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Page 19
PRO BONO
Dear Tuma:
I am a 65-year-old grandmother who lost her status through marriage. My son and I regained status in 1985 (under Bill C-31), but now my grandchildren do not have status. I am thinking of adopting them so they can have status and preserve their rights to medical care and education. The parents will still take care of them and raise them, but I will only adopt the children so they can be Indians. What do I have to do in order to adopt them?
Grandmama
Dear Grandmama:
A non-Indian child adopted by Native parents can now be registered as a status Indian under the Indian Act. There are some conditions though and the most important one is that the child is either a minor or an infant at the time of the adoption. In addition, it refers to a legal adoption and Indian Affairs' position is that only customary adoptions that happened after 1985 will be considered. The process for registration is the same: it depends on whether the parent is registered under 6(1) or 6 (2) of the Indian Act.
Now, it seems like you can adopt your grandchildren and they will be granted status but there are other significant issues both the natural parents and you need to consider. For the natural parents, it means a complete severance of all and any parental rights they have to the children. For you it means now you will be asked to raise children when you are close to or have become an Elder.
Adopting a child is a major event and you really should consider it for purposes that are in the best interests of the child, not just for passing on status. In fact, I will be surprised if a judge will approve of an adoption strictly for the purposes of passing on status.
Your son, his spouse and you need to think long and carefully before allowing you to adopt their children. For your son and his spouse, this means losing control over any decisions on raising their children. Major decisions such as religious instruction, language, education, and over health treatments plus everyday "minor" decisions such as what and when they will eat, what television shows to watch, movies to see, places to go, whether to take hockey or ballet lessons and even whether the child should be friends with another child. Adopting your grandchildren means you will be making those decisions, not your son or his spouse.
Even if the children still live and are raised with your son and his spouse, you can legally take them home with you, discipline them and raise them because they will be yours and not your son's or his spouse. No matter how well you get along with your son and his spouse, I can safely predict that there will be disputes over how to raise the children.
As for preserving their education or health benefits, there are other ways to do so rather than taking the drastic step of adopting them. You can contribute to a Registered Education Savings Plan (RESP) for the children, provide for them with an educational trust in your will, or help pay for the tuition bills when the time comes. You can help pay for extra health and dental insurance while they are young or even offer to help pay part or all of the bills. Only do this if you have the extra money to do so.
Remember, Indian status is a western legal concept. You do not need the Indian Act to consider your grandchildren Indians. Offer to teach them their language, culture, songs, stories, art, dances, customs, history and games. Teach them what it means to be an Indian. If you do not know your history, culture or language, you can learn it along with your grandchildren. You will find that this is what makes them an Indian and not a band number.
The issue of status and band membership is one of most significant issues facing our communities. Bill C-31 did not eliminate the discrimination, it pushed it one generation away and the problem is still there. Bill C-31 has affected every single family in one form or another. If we continue to ignore this issue, we may find that ur grandchildren are no longer Indians.
Dear Tuma:
I just had a question about some phone calls that I have been receiving. My sister lives next door to me and was not able to keep up with her bills which resulted in her losing her phone. I have asked her repeatedly not to use my phone number as a contact number because I am the one who has to deal with the bill collectors when they call. She just ignores them, and I always tell her to make arrangements with these people. I have been told by other family members to change my phone numbers, but as you can see, this is not my problem and I should not have to change my number. If I ask these bill collectors not to call my home any more, do they have to stop? Personally, I am tired of taking messages for my sister. So, can I tell the bill collectors to not call my home for my sister?
Not My Sister's Secretary
Dear Not My Sister's Secretary:
The next time the bill collectors call you, ask for the name and the licence number of the person. Under most provinces there is a creditors remedies act, which prevents harassment of creditors. The law usually requires that a bona fide bill collector identify himself or herself, the company they are with and provide a licence number upon request. Once you have this information, tell him or her that no one by that name (who they are calling for) lives at this number. Tell them that if they persist in calling, you will be making a complaint to either the credit bureau or to the better business bureau. Then end the call.
Make sure you have a scribbler next to the phone along with a pen so you can write down the time, date, name, company and licence number of the bill collector. Be firm but polite. Do not get into a conversation with the person; do not offer any information about your sister, where she lives or how they can find her. Just tell them that no one lives there by that name and if they keep calling, you will report them. If they keep calling, report them.
You ar lucky that your sister is only giving out your phone number. She could have stolen your identity and caused a whole lot of trouble for you. Don't give anyone your social insurance number or any personal information, not even family members.
This column is not intended to provide legal advice but rather highlight situations where you should consult with a lawyer. Tuma Young is currently studying for a PhD in law at the University of British Columbia and questions can be sent to him via e-mail at: puoin@telus.net
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