Erased by Policy

This article examines the persistent political violence perpetrated against Indigenous women and their descendants in Canada through the discriminatory and assimilatory policies embedded in the Indian Act. From its inception, the Indian Act has marginalized Indigenous women by privileging male status and systematically restricting their ability to pass on status rights to their children. Legislative remedies, including Bills C-31, C-3, and S-3, have failed to eliminate the core inequities, perpetuating a hierarchy of status categories and exacerbating the socioeconomic disadvantages faced by Indigenous women. The article critiques the Canadian government’s reluctance to adopt comprehensive reforms, such as the discarded “6(1)(a) all the way” amendment, which could have addressed longstanding inequities and improved access to status rights. Furthermore, the government’s reliance on programs like Jordan’s Principle, overwhelmed by backlogged requests, reflects inadequate support mechanisms for Indigenous populations. The article argues that the ongoing discrimination within the Indian Act not only violates the human rights of Indigenous women but also perpetuates their systemic marginalization, contributing to intergenerational harm. Addressing this issue requires the Canadian government to take accountability and enact meaningful legislative reforms to ensure equity and justice for Indigenous women and their descendants.