Indigenous Self-government in Canada and Sexual Equality Under the Indian Act: Resolving Conflicts Between Collective and Individual Rights

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Indigenous Self-government in Canada and Sexual Equality Under the Indian Act: Resolving Conflicts Between Collective and Individual Rights
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15 QUEEN'S LAW JOURNAL, 279-305 (1990)
This article addresses the extent to which equality of group membership under the Canadian Indian Act has been characterized as a conflict between collective Indigenous rights and the individual human rights of Indigenous women. The article begins with an examination of the historical background of discrimination of Indigenous women within federal legislation. In examining these human rights concerns, the article argues that the issue of Indian status is fundamentally a question of self-determination both for individuals and Indigenous groups. In conclusion, the author points to the necessity of seeking a means to discuss human rights in a manner consistent with Indigenous values. [Descriptors: Indigenous Women, Canada]