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Topic: Status Indian


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In the News (Sat 14 Nov 09)

  
  Indian Act   (Site not responding. Last check: 2007-10-11)
The Indian Act, is the principal federal statute dealing with INDIAN status, local government and the management of reserve land and communal monies.
The concept of Indian status was originally developed to determine entitlement to live in Indian reserve communities, but this changed after 1985 amendments to the Act which now treat Indian status, band membership and residency as separate issues (see NATIVE PEOPLE, LAW).
The effect of this amendment was to increase substantially the number of status Indians in Canada, placing pressure on band budgets and their limited land resources.
www.thecanadianencyclopedia.com /index.cfm?PgNm=TCE&Params=A1ARTA0003975   (506 words)

  
 Indian and Northern Affairs Canada   (Site not responding. Last check: 2007-10-11)
Indians in western Canada were not allowed to vote, however, because, in the words of the minister of Indian affairs of the day, David Mills, that would have allowed them to go "from a scalping party to the polls".
Thus, in 1917 Indians on active military service were permitted to vote in federal elections, and in 1920 the federal vote was restored to two classes of Indians: those who lived off-reserve; and those (on- or off-reserve) who had served in the Canadian army, navy or air force in the First World War.
For the grandchildren of the present generation of 6(1) and 6(2) Indians, the manner in which their parents and grandparents acquired status is an important determinant of whether the grandchildren have Indian status themselves.
www.ainc-inac.gc.ca /ch/rcap/sg/sg26_e.html   (4679 words)

  
 Elections Canada On-Line | About Elections Canada
In 1968, Leonard Marchand became the first Status Indian to be elected to Canada's House of Commons, as Liberal member for the British Columbia riding of Kamloops—Cariboo.
Until 1960, Status Indians could not even vote in a federal election unless they first gave up their right to be registered under the Indian Act, their treaty rights and their statutory right to property tax exemption.
Status Indians in most parts of Canada had the right to vote from Confederation on — but only if they gave up their treaty rights and Indian status through a process defined in the Indian Act and known as "enfranchisement".
www.elections.ca /eca/eim/article_search/article.asp?id=97&lang=e&frmPageSize=&textonly=false   (2088 words)

  
 Indian Reservations
Indians were considered wards of the federal government, and the job of the Indian Agents who managed the reservations for the Bureau of Indian Affairs (BIA) was to protect and provide for Indians only until they could be successfully assimilated into American society.
Indians were to be under the "exclusive jurisdiction of the United States" (Burke Act, - see Appendix A)as long as their land was held in trust, then they were to become citizens, subject to the laws of the state.
Indian judges courageous enough to rule against a tribal chairman or council are usually summarily fired, as are editors of tribally-owned newspapers who dare to speak out against a particular action or policy.
www.citizensalliance.org /links/pages/articles/Expose_Part_1.html   (4341 words)

  
 Glossary
Non-status Indians are people who consider themselves Indians or members of a First Nation, but aren't recognized as Indians by the federal government under the Indian Act because they can't prove their status or have lost their status rights.
Status Indians are people who are entitled to have their names on the Indian Register, which is an official list maintained by the federal government.
The Indian Act defines an Indian as "a person who, pursuant to this Act, is registered as an Indian or is entitled to be registered as an Indian." Status Indians are entitled to certain rights and benefits under the law.
www.canadian-health-network.ca /servlet/ContentServer?cid=1007046&pagename=CHN-RCS/CHNResource/FAQCHNResourceTemplate&lang=En&repGroupTopic=Aboriginal+Peoples+FAQ&parentid=1047067708211&c=CHNResource   (750 words)

  
 Corporations and the Status Indian : Thunderbay IMC
Status Indians hold tightly to their ‘special' status, which enables them to escape taxes and entitles them to a free education, but little do most of them realize that should they take control of these aspects of their lives, they may become successful on their own terms.
Indians hold a 25% advantage over the rest of the population in Canada, for they are exempt from the 15% PST and GST sales taxes, as well as their 10% ‘specialty' rights.
In the case of the Indian Act, Indians are given a 25% advantage over the rest of the population and agreeably different parameters to live within on their reserves, but overall they could very well come out on top if heads were put together.
thunderbay.indymedia.org /print.php?id=4209   (2393 words)

  
 98-2040 -- U.S. v. Prentiss -- 12/06/2001
On rehearing en banc, a majority of this court agreed with the panel's conclusion that the status of the victim and that of the defendant are essential elements of the crime of arson in Indian country under 18 U.S.C. §§ 81 and 1152.
Federal regulation of Indian tribes, therefore, is governance of once-sovereign political communities; it is not to be viewed as legislation of a racial group consisting of Indians.
Prentiss is a non-Indian and that, as a result of the victims' Indian status, federal jurisdiction is established by § 1152 because the crime was interracial.
www.kscourts.org /ca10/cases/2001/12/98-2040.htm   (2919 words)

  
 Indian Status
The Indian subcontinent is divided into five seismic zones with respect to the severity of the earthquakes.
The severe hazard zones are roughly confined to plate boundary regions, ie, the Himalayan frontal arc in the North, the chaman fault region in the north west and the indo burma region in the north east.
The lower hazard zone is confined to indian shield in the south and then moderate hazard zone confined to the transitional zone in between the two.
www.giplindia.com /indian_status.htm   (401 words)

  
 United States Commission on Civil Rights: Constitutional Status of American Indians
Indian tribes, having the power to make laws and regulations essential to the administration of justice and the protection of persons and property also have the power to maintain law enforcement departments and courts to enforce them.(22) Some smaller tribes have no courts at all or maintain very traditional customary courts which lack formal structure.
Generally, the jurisdiction of Indian courts is exclusive as to matters involving tribal affairs,(23) civil suits brought by Indians or non-Indians against tribal members arising out of matters occurring on the reservation,(24) and the prosecution of violations of the tribal criminal code.(25) Tribal jurisdiction operates to the exclusion of Federal and State authority.
The restricted status of Indian land renders it immune from State and local taxation and, with certain statutory exceptions, income derived from the land is likewise nontaxable.
www.cwis.org /fwdp/Americas/civil.htm   (2874 words)

  
 The Supreme Court's changing stance on tribal sovereignty
Presidential power over the Indian tribes is centered on the ability to enter into treaties, a power that was used in the early years of federal Indian law to secure tribal acquiescence to the demands of the encroaching waves of European settlers.
Indian nations are not "foreign," but rather exist within the geographical boundaries of the United States, which necessarily limits their sovereignty.
It went on to say that the status of the Indians who entered into the treaty and their relationship of dependency to the United States were such that Congress had a plenary power over the government's relations with the tribes.
www.abanet.org /genpractice/magazine/1995/fall/marshall.html   (2215 words)

  
 Indian Act - Wikipedia, the free encyclopedia
The Indian Act of Canada (1876) (full title "An Act respecting Indians") is an Act which deals with registered Indians, their bands, and the system of Indian reserves.
The Act is administered by the Minister of Indian Affairs and Northern Development.
An Indian whose name is in the Indian Register established by the Act is said to have Indian status or treaty status.
en.wikipedia.org /wiki/Indian_Act   (529 words)

  
 Indian Status And Band Membership Issues
Historically, entitlement to Indian status and Indian band membership have been complex and controversial issues.  The legal definition of the term “Indian” has brought with it certain benefits and eligibility for federal programs, as well as a history of limitations on rights.
The provisions that excluded women from legal Indian status and from residence on reserves prompted criticism from Indian women, and by the 1960s and 1970s, women’s groups had been organized in opposition to section 12(1)(b) and other provisions that discriminated against women and their children.
Status Indians living on or off reserve are eligible for non-insured health benefits and may apply for post-secondary assistance.  For those living on reserve, the federal government provides funds for housing, elementary and secondary education, health services and social assistance.
dsp-psd.communication.gc.ca /Collection-R/LoPBdP/BP/bp410-e.htm   (3152 words)

  
 OSCN Found Document:Application of Act - Exemptions - Determination of Indian Status   (Site not responding. Last check: 2007-10-11)
The court shall seek verification of the Indian status of the child from the Indian tribe or the Bureau of Indian Affairs.
A determination of membership by the Bureau of Indian Affairs shall be conclusive in the absence of a contrary determination by the Indian tribe.
The determination of the Indian status of a child shall be made as soon as practicable in order to ensure compliance with the notice requirements of Section 40.4 of this title.
www.oscn.net /applications/oscn/deliverdocument.asp?citeid=63812   (287 words)

  
 Part III - Acceptance of Citizenship and Minority Status
That an Indian is a citizen of a separate sovereign nation means little as a legal matter when that person is living outside of his or her nation.
When Indians are attacked personally by Whites--Anderson, for example, says that she was called a "squaw" in high school --the discrimination is driven by a cocktail of hatred, jealousy and cultural supremacy spawned by generations of conflict over life, land and way of life.
Indian leadership needs to understand that when they stand as Indians for Indian rights they are in direct conflict with U.S. aspirations, and that an Indian allegiance to the United States is secondary to their allegiance to their own nations because the former by nature seeks to eliminate the latter.
academic.udayton.edu /race/02rights/native04.htm   (5748 words)

  
 STATUS OF INDIAN WOMEN IN DIFFERENT ERAS
Students of the Indian social history are of the opinion that the sons were valued more than daughter because the Aryans had a tough time of fight with tribal people who inhabited the Gangetic plains when the Aayans moved eastward from Punjab.
It emphasized the principle of contract not the status, a rational outlook of life and its problems, freedom of speech, criticism of authority, authenticity of dogmas and insistence on the rights of man as opposed to his duties.
In the beginning of the century, sati was prevalent and thousands of women were burnt at the funeral pyres of their husbands whereas by the end of the century, parents willingly sent their daughters to schools and also to work as teachers, nurses and doctors.
www.geocities.com /nemhasekka/statusofindianwomen.htm   (2440 words)

  
 FSI Advocates Nation's Status, Indian Government
"Indian leaders must not only accept, but also advance their status as heads of state, recognizing that they head a form of government with greater power, jurisdiction and authority than that of a provincial government," the 130-page report states.
The report argues that Indians have derived their sovereign powers from their status as nations at the time of the signing of the treaties.
Indian nations encountering the Canadian nation on an equal footing did not, during treaty negotiations, give up their right to self-government, it states.
www.sicc.sk.ca /saskindian/a77jun07.htm   (790 words)

  
 Regional Analysis of Health Statistics for Status Indians in British Columbia
Status Indians are one part of the broad group of First Nations people in British Columbia.
Status Indians were the only First Nations group that could be identified with these files.
This report presents summaries of birth-related and mortality measures as health status indicators for the Status Indian population who were resident in the province, with comparisons to other B.C. residents (labeled Other Population in most tables, maps and charts).
www.vs.gov.bc.ca /stats/indian/hrindian/def.html   (509 words)

  
 FAQs for Indian Tribal Governments regarding Status of Tribes (Taxable vs. Nontaxable vs. Not Subject to Tax)
Due to the uniqueness and complexities of Indian law and Federal tax law, it is imperative to ensure a full understanding of the specific question presented, and to perform the requisite research to ensure a correct response is provided.
Indian tribes in Oklahoma are not eligible to incorporate under section 17 of the IRA.
Income of an Indian from trust land leased from the tribe has been held taxable on the ground that the individual Indian has no present or potential ownership interest, and the tax could not therefor be a charge or burden on the land.
www.irs.gov /govt/tribes/article/0,,id=102543,00.html   (1621 words)

  
 Henderson's Annotated Indian Act
Status Indians were denied the right to vote, they did not sit on juries, and they were exempt from conscription in time of war (although the percentage of volunteers was higher among Indians than any other group).
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.
An Indian who ceases to be entitled to reside on a reserve may, within six months or such further period as the Minister may direct, transfer to the band or another member of the band the right to possession of any lands in the reserve of which he was lawfully in possession.
www.utulsa.edu /law/classes/rice/TribalGovernment/sindact.htm   (12340 words)

  
 Indian Register - Wikipedia, the free encyclopedia
The Indian Register is the official record of Status Indians or Registered Indians in Canada.
Status Indians have rights and benefits that are not granted to unregistered Indians, Inuit, or Métis, perhaps the chief benefits being the granting of reserves and of rights associated with them, including exemption from federal and provincial taxes for residents for work performed on reserve.
In 1985, the Indian Act was amended again with the goal of restoring Indian status to people who had lost it through discriminatory provisions of the Act, and to their children.
en.wikipedia.org /wiki/Status_Indians   (262 words)

  
 Indian Status and Band Membership Issues (BP-410E)   (Site not responding. Last check: 2007-10-11)
(17)  By 31 August 1995, the status Indian population had risen from its 1985 level of 360,241 to 586,580.  This was an overall increase of 61.4%, 27% of which came from new registrations.
Desjarlais was married to a band member and living on reserve, she was neither a status Indian nor a member of the band and, as a result, was not eligible to be an elector in the band election.  Appeals of the election of Ms.
An appeal of the Trial Division decision was dismissed by the Federal Court of Appeal on 21 March 1995.  Application for leave to appeal to the Supreme Court was granted 19 October 1995.  The appeal was rejected by the Supreme Court in 1997.
www.parl.gc.ca /information/library/PRBpubs/bp410-e.htm   (3275 words)

  
 New status for Indian law: It'll be on the bar | csmonitor.com
But those who take the New Mexico bar exam will need to know only federal Indian law; that is, laws that have been developed through treaties and case law since the early 1800s, which outline the relationship between tribes and the federal government and, indirectly, the states.
A dispute arose over the contract, and the lawyer for the company, unaware contracts with entities based on sovereign Indian land must be filed in either tribal or federal court, filed his case in state court.
"Indian law issues confront lawyers on a daily basis around the state, and an astounding number are ignorant about these laws," says Mike Gross, a Santa Fe lawyer and a member of the New Mexico Board of Bar Examiners.
www.csmonitor.com /2002/0604/p03s01-usju.htm   (750 words)

  
 Eliminating Disparities in the Health Status of American Indians in Minnesota
American Indian women's pregnancies are affected by rates of diabetes, tobacco and alcohol use, and teen births that are higher than those of the White population.
Additionally, for American Indian, homicide rates from stabbing injuries were 19 times higher, suffocation death rates were nearly three times higher, combined (intentional and unintentional) poisoning death rates were 2.5 times higher, fire related death rates were four times higher and drowning death rates 1.5 times higher between 1990-1999.
In 1997, the Indian Health Services reported that the age-adjusted prevalence of diagnosed diabetes among American Indians age 20 and older among tribes in Michigan, Minnesota and Wisconsin was 15.2 percent.
www.health.state.mn.us /ommh/amindian.html   (1382 words)

  
 OurKarnataka.Com - Views - Status of Indian Women
In Indian society the status of women has changed from time to time ; position of women in society is the index to the standard of social organization.We can divide the past [history] in to three phases to analyse the status of women.
In ancient India women enjoyed equal status with man in all fields of life, she received the same education like man, many Hindu religious books like Vedas, Upanishads, Ramayana, Mahabharata have mentioned the names of several women who were great scholars, poets, philosophers of the time.
Decline in the status of women in Indian society begins with the muslims rule in India: customs of pardha, sati, child marriage and restrictions on widow marriage are prevalence of joint family system have been the factors responsible for the injustice done towards women.
www.ourkarnataka.com /Articles/indianwomen_law.htm   (908 words)

  
 Henderson's Annotated Indian Act
Status Indians were denied the right to vote, they did not sit on juries, and they were exempt from conscription in time of war (although the percentage of volunteers was higher among Indians than any other group).
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.
An Indian who ceases to be entitled to reside on a reserve may, within six months or such further period as the Minister may direct, transfer to the band or another member of the band the right to possession of any lands in the reserve of which he was lawfully in possession.
www.bloorstreet.com /200block/sindact.htm   (13053 words)

  
 Generic Letter for Indian Tribe Status   (Site not responding. Last check: 2007-10-11)
[Name of tribal government] is an Indian tribal government that is treated as a State pursuant to Section 7871 of the Internal Revenue Code of 1986, as amended ("IRC").
Indian tribal governments are not required to have a tax exemption determination letter under IRC Section 501(c)(3).
Indian tribal governments and their qualified subdivisions are not required to have a tax exemption determination letter under IRC Section 501(c)(3).
www.murdock-trust.org /grants_information/indian_tribe_status.htm   (275 words)

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