For a century and a half, the Canadian federal government has been responsible for determining the status of individuals under the Indian Act as “Status Indians.” This month marks the 150th anniversary of the Indian Act, with a bill in the House of Commons aiming to address a provision that currently restricts the passing on of Indian status after two generations of intermarriage.
Introduced as Bill S-2, the proposed legislation seeks to reinstate status for approximately 3,500 individuals who lost it due to previous clauses, rectify band registration issues faced by women who were transferred to their husbands’ First Nations, and update offensive language within the act. Following input from First Nations individuals during Senate committee hearings, an amendment was made to eliminate the second-generation cut-off and introduce a “one-parent” rule, allowing status to be inherited by children as long as one parent holds status.
The Indian Act, enacted in 1876, defined the concept of being an “Indian,” outlined the criteria for status, and detailed the loss of status through enfranchisement. Initially, women would lose their status upon marrying non-Indigenous men, while men marrying non-Indigenous women did not face such consequences. The 1985 amendments abolished this practice but introduced the second-generation cut-off, barring individuals with only one status-holding parent from passing on status to their offspring.
Former president of the Native Women’s Association of Canada, Dawn Lavell-Harvard, emphasized the significant impact of Bill S-2 on her family, expressing concerns about the future rights and opportunities of her grandchildren. Lavell-Harvard stressed the importance of abolishing the second-generation cut-off to ensure parity in citizenship rights for First Nations people.
While some advocate for the removal of the second-generation cut-off, Chief Jean-Guy Whiteduck of Kitigan Zibi Anishinabeg argues that membership decisions should rest with the nation rather than the government. There are apprehensions about potential new registrations in bands from individuals lacking recent connections to the community, as highlighted by concerns raised by Nick Ottawa, who oversees the registration office at Kitigan Zibi.
Indigenous Services Minister Mandy Gull-Masty has called for a cautious approach to eliminating the second-generation cut-off, emphasizing the need for extensive consultations with First Nations across Canada. The minister acknowledged the diversity in community preferences regarding status rules and underscored the importance of community autonomy in decision-making.
Despite differing opinions and concerns within the Indigenous community, the bill is currently slated for further examination in the House of Commons. Discussions continue on the best approach to address the complex issues surrounding Indian status under the Indian Act.