If federal lawyers are successful in challenging the latest Candian Human Rights Tribunal Ruling on Jordan’s Principle, there are implications for Indigenous jurisdiction over citizenship. If a community recognizes a non-status child as a band member, shouldn’t they be eligible for Jordan’s Principle support? According to Canada, the answer is no. According to Damien Lee, this is ultimately an act of political violence.
In the 35 years since Section 10 band membership codes began allowing First Nations to control their membership lists, an increasing number of people have challenged the ways their communities determine belonging. Authors of this brief show that two-spirit families are ushering in a new era of challenges that bring Section 10 heteropatriachy to the fore.