CANADIAN SUPREME COURT’S LAVELL DECISION UPHELD DISCRIMINATION AGAINST INDIAN WOMEN MARRYING NON-INDIAN MEN
Canada (AG) v Lavell, [1974] S.C.R. 1349, was a landmark 5–4 Supreme Court of Canada decision holding that Section 12(1)(b) of the Indian Act did not violate the respondents’ right to “equality before the law” under Section 1 (b) of the Canadian Bill of Rights in depriving Indian women of their status for marrying a non-Indian, but not Indian men. Under Section 12(1)(b), Indian women marrying non-Indians lost their status and right to: reside on their reserve, inherit family property, receive treaty benefits, participate in band councils, and be buried with their ancestors. In contrast, non-Indian women who married Indian men gained Indian status. The decision helped galvanize Indigenous women with Women’s Movement allies. Section 12(1)(b) was finally repealed in 1985 by the Parliament after the United Nations International Human Rights Commission ruled in Lovelace v. Canada that the removal of Indian status on account of sex was contrary to international law.
Source: Amanda Robinson, “Lavell Case,” The Canadian Encyclopedia, 2/7/2006. Retrieved 2/26/2022, Lavell Case | The Canadian Encyclopedia Photo: Dig Deeper, 7/12/2017. Supreme Court of Canada building in Ottawa. Permissive Use.
Indigenous America Calendar 