"Case of Indian Baby May Force Act Change"

A Six Nations mother's illegitimate year-old baby boy may unknowingly help to amend the Indian act.

At least it looked that way at Wednesday's inquiry before judge Reville into the child's birth registration.

The mother is a Barefoot Onondaga belonging to the Six Nations band. The father, is a member of the Gibson band in the Parry Sound region. The couple now are living in the St. Catharines area where the father is employed.

The boy, born April 15, 1959 in Mount Hamilton Hospital, was "automatically" registered as a member of his mother's band.

But, also as provided in the act, the Six Nations elected council, headed by Chief Councillor E.P. Garlow, later filed a protest with the registrar in Ottawa.

When the registrar failed to uphold their protest, they applied for a hearing before Judge Reville. His decision will be final.

In his submission to the court, Councillor George Bomberry reviewed the background of the act's present terms.

Over past generations, he noted, the clan mothers kept the birth records, largely from memory. From their lists the chiefs were chosen.

But now, he said, this talent was fast dying out.

And for that reason the Indians will present a brief to a parliamentary committee June 25 asking that children be registered members of their father's bands.

Along with the elected council's arguments he presented a resolution from the reserve's ministerial association asking that responsibility for a child be transferred to the male side.

R. J. Stallwood, Indian affairs department superintendent here, referred to the elected council's resolution of protest March 3. He also remarked that a number of bands in southwestern Ontario were submitting briefs to the parliamentary committee June 25.

Most of the Indian Act is outmoded, said Councillor Bomberry. It was drawn up in an age when living conditions and customs were entirely different from today's. The Six Nations people, he said, would like the act amended to suit modern times.

Judge Reville reserved his decision.