Gehl v Canada
Challenging Sex Discrimination in the Indian Act
Hardcover : 9780889778269, 288 pages, September 2021
A follow-up to her successful Claiming Anishinaabe, Lynn Gehl’s latest book, Gehl v Canada, is the documentation of the her 34-year fight to change Canada’s Indian Act policies regarding unknown and unstated paternity, a harmful, colonial legacy that has adversely affected generations of Indigenous women. It is also the celebration of Gehl’s tenacious, brave advocacy for Indigenous women and children in the face of colonial oppression.
The paternity policy of the Indian Act required individuals claiming Status to demonstrate the lineage of both parents. Harmful to Indigenous mothers and children, and imposing a high evidentiary burden on Indigenous people claiming Status, it was overturned on April 20, 2017, in what is now known as the Gehl decision.
Using Indigenous methods of first-person experience, embodied knowledge, emotional knowledge, observation, reading, writing, role-modelling, learning by doing, repetition, introspection, and storytelling, Gehl shares the journey to her court victory.
“[It] is remarkable and a monument in Indigenous struggles with the colonial Crown. ” —Veldon Coburn, Institute of Indigenous Research and Studies at University of Ottawa
“With knowledge and experience from years of advocacy before Parliament as well as the courts, and the depth of perception typical of all her scholarly work, Dr. Gehl assesses what more is needed before the Indian Act system can be truly egalitarian. Her book is unique and inspiring. ” —Mary Eberts, from the foreword