Mary Two-Axe Early
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Mary Two-Axe Earley (born Mary Two-Axe; October 4, 1911 – August 21, 1996) was a
Mohawk Mohawk may refer to: Related to Native Americans *Mohawk people (Kanien’kehá:ka), an indigenous people of North America (Canada and New York) *Mohawk language (Kanien’kéha), the language spoken by the Mohawk people *Mohawk hairstyle, from a ...
and
Oneida Oneida may refer to: Native American/First Nations * Oneida people, a Native American/First Nations people and one of the five founding nations of the Iroquois Confederacy * Oneida language * Oneida Indian Nation, based in New York * Oneida N ...
women's rights activist from the
reserve Reserve or reserves may refer to: Places * Reserve, Kansas, a US city * Reserve, Louisiana, a census-designated place in St. John the Baptist Parish * Reserve, Montana, a census-designated place in Sheridan County * Reserve, New Mexico, a US v ...
of
Kahnawake The Kahnawake Mohawk Territory (, in the Mohawk language, ''Kahnawáˀkye'' in Tuscarora) is a First Nations reserve of the Mohawks of Kahnawà:ke on the south shore of the Saint Lawrence River in Quebec, Canada, across from Montreal. Establi ...
in
Quebec Quebec is Canada's List of Canadian provinces and territories by area, largest province by area. Located in Central Canada, the province shares borders with the provinces of Ontario to the west, Newfoundland and Labrador to the northeast, ...
,
Canada Canada is a country in North America. Its Provinces and territories of Canada, ten provinces and three territories extend from the Atlantic Ocean to the Pacific Ocean and northward into the Arctic Ocean, making it the world's List of coun ...
. After losing her legal
Indian status The Indian Register is the official record of people registered under the ''Indian Act'' in Canada, called status Indians or ''registered Indians''. People registered under the ''Indian Act'' have rights and benefits that are not granted to othe ...
due to marrying a non-status man, Two-Axe Earley advocated for changes to the
Indian Act The ''Indian Act'' () is a Canadian Act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still in force with amendments, it is the primary document that defines how t ...
, which had promoted gender discrimination and stripped
First Nations First nations are indigenous settlers or bands. First Nations, first nations, or first peoples may also refer to: Indigenous groups *List of Indigenous peoples *First Nations in Canada, Indigenous peoples of Canada who are neither Inuit nor Mé ...
women of the right to participate in the political and cultural life of their home reserves. In 1967, Two-Axe Earley helped establish the Equal Rights for Indian Women organization and led the submission of a brief to the
Royal Commission on the Status of Women The Royal Commission on the Status of Women was a Canadian Royal Commission that examined the status of women and recommended steps that might be taken by the federal government to ensure equal opportunities with men and women in all aspects of ...
. In 1974, she co-founded the Québec Native Women's Association, and the following year she received national and international attention at the
International Women's Year International Women's Year (IWY) was the name given to 1975 by the United Nations. Since that year March 8 has been celebrated as International Women's Day, and the United Nations Decade for Women, from 1976 to 1985, was also established. History ...
conference in Mexico when she publicly fought back against her
band council In Canada, an Indian band (), First Nation band () or simply band, is the basic unit of government for those peoples subject to the ''Indian Act'' (i.e. status Indians or First Nations). Bands are typically small groups of people: the largest in ...
's attempts to formally evict her from Kahnawake. On June 28, 1985, the
Canadian Parliament The Parliament of Canada () is the federal legislature of Canada. The Crown, along with two chambers: the Senate and the House of Commons, form the bicameral legislature. The 343 members of the lower house, the House of Commons, are styled a ...
passed Bill C-31 to amend the Indian Act, eliminating the Act's original gender discrimination and creating a new process of reinstatement for affected First Nations women to have their Indian status restored. Two-Axe Earley became the first woman to have her status restored, and thousands of other First Nations women and their descendants were granted the same opportunity to regain their lost legal and cultural identity under Canadian law. The NFB released the film on her fight for equality
Mary Two-Axe Earley: I Am Indian Again
in 2021.


Early life

Mary Two-Axe was born on October 4, 1911, on the
Mohawk Mohawk may refer to: Related to Native Americans *Mohawk people (Kanien’kehá:ka), an indigenous people of North America (Canada and New York) *Mohawk language (Kanien’kéha), the language spoken by the Mohawk people *Mohawk hairstyle, from a ...
reserve of
Kahnawake The Kahnawake Mohawk Territory (, in the Mohawk language, ''Kahnawáˀkye'' in Tuscarora) is a First Nations reserve of the Mohawks of Kahnawà:ke on the south shore of the Saint Lawrence River in Quebec, Canada, across from Montreal. Establi ...
(then known as Caughnawaga). Her father, Dominic Onenhariio Two-Axe, was a Mohawk, while her mother, Juliet Smith, was an
Oneida Oneida may refer to: Native American/First Nations * Oneida people, a Native American/First Nations people and one of the five founding nations of the Iroquois Confederacy * Oneida language * Oneida Indian Nation, based in New York * Oneida N ...
nurse and teacher. When Mary Two-Axe was only 10, her mother died of
Spanish influenza The 1918–1920 flu pandemic, also known as the Great Influenza epidemic or by the common misnomer Spanish flu, was an exceptionally deadly global influenza pandemic caused by the H1N1 subtype of the influenza A virus. The earliest docum ...
while treating young flu patients in
North Dakota North Dakota ( ) is a U.S. state in the Upper Midwest, named after the indigenous Dakota people, Dakota and Sioux peoples. It is bordered by the Canadian provinces of Saskatchewan and Manitoba to the north and by the U.S. states of Minneso ...
, and Two-Axe spent the rest of her childhood with her grandparents at Kahnawake. When Two-Axe was 18, she moved to
Brooklyn Brooklyn is a Boroughs of New York City, borough of New York City located at the westernmost end of Long Island in the New York (state), State of New York. Formerly an independent city, the borough is coextensive with Kings County, one of twelv ...
, New York in search of work. She married an Irish-American electrical engineer named Edward Earley in 1938, and they had two children: Edward and Rosemary. The family visited Kahnawake every summer.


Activism


Background

Because Mary Two-Axe Earley had married a "non-status" man – a man who had no legal Indian status under Canadian law – she was consequently stripped of her own Indian status. The
Indian Act The ''Indian Act'' () is a Canadian Act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still in force with amendments, it is the primary document that defines how t ...
, drawn from
Victorian-era In the history of the United Kingdom and the British Empire, the Victorian era was the reign of Queen Victoria, from 20 June 1837 until her death on 22 January 1901. Slightly different definitions are sometimes used. The era followed th ...
European notions around gender and power, treated
First Nations First nations are indigenous settlers or bands. First Nations, first nations, or first peoples may also refer to: Indigenous groups *List of Indigenous peoples *First Nations in Canada, Indigenous peoples of Canada who are neither Inuit nor Mé ...
men and women unequally: although a man could marry a non-status woman and still retain his own legal Indian status under the Act, the same was not true for a woman who married a non-status man. When Two-Axe Earley had married Edward Earley, she had lost her Indian status and rights: she was prohibited from owning land on the Kahnawake reserve, participating in reserve elections, or even being buried in the reserve cemeteries – and she could not pass these rights down to her children, either. During the early years of her marriage, Two-Axe Earley did not have strong feelings about the loss of her status, as she was living a happy life with her husband and children. Over time, however, she saw the emotional impacts of the discriminatory law on her female friends. In 1966, one friend – a fellow Mohawk – died of a heart attack in Two-Axe Earley's arms. The woman had been forced to move out of Kahnawake, her home taken away because of the Indian Act, and Two-Axe Earley was convinced that the intense stress of these losses had contributed to her friend's death.


Fight for change

Deeply impacted by the loss of her friend, Two-Axe Earley began campaigning across Canada to call attention to the issue. In 1967, she founded the provincial Equal Rights for Indian Women Association (later Indian Rights for Indian Women), which grew to become a national organization. After contacting Senator
Thérèse Casgrain Marie Thérèse Casgrain (; 10 July 1896 – 3 November 1981) was a French-Canadian feminist, reformer, politician and senator. She was a leader in the fight for women's right to vote in the province of Quebec, as well as the first woman t ...
– a known advocate for women's rights – Two-Axe Earley was encouraged to submit a brief to the
Royal Commission on the Status of Women The Royal Commission on the Status of Women was a Canadian Royal Commission that examined the status of women and recommended steps that might be taken by the federal government to ensure equal opportunities with men and women in all aspects of ...
. Despite pressure from members of the Kahnawake reserve who wanted her to stop campaigning, she led a group of 30 Mohawk women to speak before the Commission, and the Commission subsequently made a formal recommendation that the Indian Act be amended so that all First Nations people "should enjoy the same rights and privileges in matters of marriage and property as other Canadians,” regardless of gender. Two-Axe Earley was faced with heavy opposition from male First Nations leaders during her work. Some suggested that changing the Indian Act to restore lost status and rights to women and their children – allowing them to return to their original communities – would put too much financial strain on First Nations reserves. Some also expressed fears that permitting First Nations women to marry non-Indigenous men without penalty could result in the gradual erosion of Indigenous culture and autonomy in Canada. In 1969, Two-Axe Earley's husband died, and she decided to move back to her old community in Quebec. Although Two-Axe Earley had inherited a house on the Kahnawake reserve from her grandmother, she was told that she was no longer welcome to live there. She found a way around the rules by gifting the house to her daughter, who had regained Indian status after marrying a Mohawk man from the reserve. Only permitted to live there through this loophole, Two-Axe Earley described herself as "a guest in my own house". Two-Axe Earley co-founded the Québec Native Women's Association in 1974. The following year, alongside 60 other women originally from the Kahnawake reserve, she attended the
International Women's Year International Women's Year (IWY) was the name given to 1975 by the United Nations. Since that year March 8 has been celebrated as International Women's Day, and the United Nations Decade for Women, from 1976 to 1985, was also established. History ...
Conference in Mexico as a member of the Canadian delegation. While at the conference, she learned that the
band council In Canada, an Indian band (), First Nation band () or simply band, is the basic unit of government for those peoples subject to the ''Indian Act'' (i.e. status Indians or First Nations). Bands are typically small groups of people: the largest in ...
had taken advantage of her absence from Kahnawake to use the Indian Act to formally evict her. Two-Axe Earley used her platform at the conference to publicize her situation, subsequently receiving national and international attention, and the eviction notice served by
Kahnawake The Kahnawake Mohawk Territory (, in the Mohawk language, ''Kahnawáˀkye'' in Tuscarora) is a First Nations reserve of the Mohawks of Kahnawà:ke on the south shore of the Saint Lawrence River in Quebec, Canada, across from Montreal. Establi ...
was subsequently withdrawn. In 1976, she was elected to the newly-formed Board of Directors for the
Canadian Research Institute for the Advancement of Women The Canadian Research Institute for the Advancement of Women (CRIAW) is a Canadian not for profit, charitable organization founded in 1976 which provides research to the public about relevant feminist issues. CRIAW is the only Canadian research i ...
. At a
first ministers conference In Canada, a First Ministers' conference (or First Ministers' meeting) is a meeting of the Provinces and territories of Canada, provincial and territorial premier (Canada), premiers and the Prime Minister of Canada, Prime Minister. These events ...
in 1982, Two-Axe Earley sought a formal timeslot to speak about her cause but was denied permission. When he heard, Quebec Premier
René Lévesque René Lévesque ( ; August 24, 1922 – November 1, 1987) was a Canadian politician and journalist who served as the 23rd premier of Quebec from 1976 to 1985. He was the first Québécois political leader since Confederation to seek, ...
provided his support by offering her his seat instead. The
Canadian Charter of Rights and Freedoms The ''Canadian Charter of Rights and Freedoms'' (), often simply referred to as the ''Charter'' in Canada, is a bill of rights entrenched in the Constitution of Canada, forming the first part of the '' Constitution Act, 1982''. The ''Char ...
was signed into law later that year, and the cause of Indigenous gender equality subsequently gained additional momentum. On June 28, 1985, the Canadian Parliament passed Bill C-31 to amend the Indian Act. The Bill removed the legal gender discrimination that had impacted Indigenous women in their choice of husband, and allowed women who had been stripped of their Indian status to regain it through a process of reinstatement. Two-Axe Earley was the first woman to have her status reinstated by Indian Affairs Minister
David Crombie David Edward Crombie (born April 24, 1936) is a former Canadian academic and politician who served as the 56th mayor of Toronto from 1972 to 1978. Crombie was elected to Parliament following his tenure as mayor. A member of the Progressive Co ...
.


Aftermath

The changed legislation made it possible for 16,000 other First Nations women and 46,000 descendants to regain their lost Indian status. Among these people, nearly 2,000 women became eligible to return to Kahnawake, an influx that prompted new community discussion – at times divisive – around membership eligibility and use of resources. Some reserves simply continued refusing to allow women to return, despite their restored legal status. In 1993, several First Nations groups brought their opposition to court, arguing that the Federal government did not have the right to influence who was eligible for band membership. In December of that year, despite health problems, 82-year-old Two-Axe Earley provided her personal testimony to the court case as a witness for the Native Council of Canada, describing the negative impact of the old Indian Act on First Nations Women. The court decided that Bill C-31 would stand.


Awards and honours

In 1979, for her contributions to women's rights and gender equality, Two-Axe Earley received the Governor General's Persons Case Award. In 1981, she was awarded an Honorary Doctorate of Law from
York University York University (), also known as YorkU or simply YU), is a public university, public research university in Toronto, Ontario, Canada. It is Canada's third-largest university, and it has approximately 53,500 students, 7,000 faculty and staff, ...
. In 1985, she was inducted into the
Order of Quebec The National Order of Quebec (French: ), also known as the Order of Quebec, is a civilian honour for merit in the Canadian province of Quebec. Instituted in 1984 when Lieutenant Governor Jean-Pierre Côté granted royal assent to the (National ...
as an Officer. Two-Axe Earley was a joint recipient of the 1990 Robert S. Litvack Award from
McGill University McGill University (French: Université McGill) is an English-language public research university in Montreal, Quebec, Canada. Founded in 1821 by royal charter,Frost, Stanley Brice. ''McGill University, Vol. I. For the Advancement of Learning, ...
in recognition of her contributions to "the defense of the rule of law and the protection of the individual against arbitrary power." Her co-recipients that year were fellow First Nations activists Jeanette Lavell and Sandra Lovelace. In 1996, Two-Axe Earley received a
National Aboriginal Achievement Award The Indspire Awards, until 2012 the National Aboriginal Achievement Awards, are annual awards presented by Indspire in Canada. The awards are intended to celebrate and encourage excellence in the Aboriginal community in Canada. About The award ...
for her work towards the passing of Bill C-31. On June 28, 2021, a
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was featured celebrating her on the thirty-sixth anniversary of the Indian Act's amendment.


Death

Two-Axe Earley continued living at Kahnawake for the rest of her life. On August 21, 1996, she died from respiratory failure, aged 84. She was buried in the Catholic cemetery of the Kahnawake reserve – a personal wish made possible by the legal changes she had enabled.


Notes


References


Further reading

* *


External links


Historica Canada: Mary Two-Axe Earley
on YouTube
Rise Up! Feminist Archive: Indigenous Women's Rights

Two-Axe Earley: I Am Indian Again'' (2021)
from National Film Board of Canada
Mary Two-Axe Earley: I Am Indian Again , Live Q&A with Courtney Montour
from National Film Board of Canada {{DEFAULTSORT:Two-Axe Earley, Mary 1911 births 1996 deaths 20th-century Canadian women politicians 20th-century First Nations people Canadian community activists Canadian Mohawk women Canadian Mohawk activists Governor General's Award in Commemoration of the Persons Case winners Indspire Awards Mohawks of Kahnawá:ke people Officers of the National Order of Quebec Oneida people