Indigenous Services Minister Mandy Gull-Masty has highlighted the strong message conveyed by the Assembly of First Nations to the government regarding the elimination of the second-generation cut-off in the Indian Act. However, the government has emphasized the need for extensive consultations with leaders before making any changes. During a special assembly in Ottawa, First Nations chiefs backed Senate amendments to a government bill aiming to broaden eligibility under the Indian Act by removing the second-generation cut-off restriction. This restriction currently prevents individuals from registering for status under the law if their parent and grandparent did not have status.
The resolution, passed by consensus during the Assembly of First Nations meeting, also includes a call for increased funding from Ottawa to assist communities in integrating new members. The Assembly of First Nations represents 600 chiefs who convene biannually to address issues and pass resolutions guiding the executive committee on governmental lobbying efforts. While attendance is open to all chiefs, some opt not to participate, such as chiefs from Alberta who lack regional representation on the AFN executive committee.
Mi’kmaw Liberal MP Jaime Battiste emphasized the necessity of obtaining approval from First Nations, facilitated through the AFN, for any revisions to the Indian Act. Minister Gull-Masty stressed her obligation to consult with chiefs on this matter and explore alternative suggestions. Bill S-2, initially introduced in the Senate with Liberal government support, aims to rectify gender disparities in the Indian Act, potentially enabling around 6,000 individuals to qualify for Indian status. Senators amended the bill to eliminate the second-generation cut-off, originating from a 1985 Indian Act amendment.
Chiefs have expressed concerns that the cut-off could jeopardize their communities’ recognition in the future, jeopardizing their distinct rights as a people. Chief Wilfred King of Gull Bay First Nation voiced support for ending the cut-off, emphasizing that the affected individuals are integral to their communities and not strangers. Minister Gull-Masty questioned the Senate’s authority to alter the legislation without House of Commons involvement and stressed the importance of preliminary consultations with First Nations.
Sen. Paul Prosper, involved in amending the legislation within the Senate’s Indigenous Peoples committee, highlighted the overwhelming support from witnesses for repealing the second-generation cut-off. Financial implications, such as the need for increased funding per-capita in First Nations if more members gain federal recognition, have also been a point of discussion.