Twinn reports on lawsuit on membership codes

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BEAVER LAKE RESERVE - A report delivered by Chief Walter Twinn of the Sawridge Band to the Treaty Six Forum here was received with intense interest, as delegates heard that the Sawridge and five other Bands are involved in a lawsuit against the federal government, as a result of the passage of Bill C-31.

This federal law repeals sections of the Indian Act which discriminates against women.

Indian bands have 11 months left to have their membership codes recognized by the federal government, according to a federal deadline. Those bands which do not have membership codes in place by the deadline will have to abide by codes developed by the government.

"Our position is pretty well province-wide, but only six bands are involved in the lawsuit," said Twinn. The six plaintiffs are the Sarcee, Blackfoot, Ermineskin, Enoch, Sawridge and Sturgeon Lake bands.

Bruce Tom, lawyer and executive director of Sawridge Band, fielded questions regarding the lawsuit. He explained that to shorten the court time it was decided to have six bands named in the suit. It would have prolonged the court process if all 42 Indian bands in Alberta were in court.

Control over membership may be considered as a Treaty right, since Indians has controlled over their own membership, previous to white arrival, Tom said. Also, the Indian Act remains silent on gaining membership. "The Indian Act was largely concerned with how a person could lose or give up their Treaty status," according to Tom.

At present, the matter is waiting a statement of defense from the federal government.

The Sawridge Band is the first to have its membership code submitted and approved.

Twinn believes that there is nothing wrong with following legislation. He urged other bands to develop and submit their own membership codes. He also offered to help other bands to develop their own codes.

If we are successful in our lawsuit, then the codes do not matter, if we are not successful, then we still have our own codes.

The Kehewin Band also presented a report on the development of their member-ship laws.

"We don't want the government imposing laws on us. We made our own member-ship law based on Treaty Six," said Chief Gordon Gadwa.

The Kehewin membership law has an appeal system to go with it, including provisions for persons to appeal their challenged membership application in a general band meeting. It also allows the reinstatement of people who married non-Treaty persons.

"We are not saying no one can join our membership. We are asserting our right to determine our own membership," said Gadwa.

Gadwa also offered copies of the Kehewin membership law to those bands which request it.