A member of the Mi’kmaw community from Elsipogtog First Nation in New Brunswick expressed concern that his granddaughter will not qualify for Indian status, marking a departure from his family’s lineage. DJ Joseph, who has lived most of his life in Elsipogtog, raised the alarm over the second-generation cut-off rule, which disqualifies his new granddaughter from Indian status under the Indian Act.
Despite ongoing Senate review of amendments to the Indian Act, advocates argue that the proposed changes do not address the issue, potentially affecting more families like the Josephs in the future. Joseph voiced his worry about whether his granddaughter, and future generations, will be able to identify as Mi’kmaw, as the current regulations prevent it.
Historically, Indian status was primarily inherited through male lineage until 1985 when a new system was introduced, allowing for status to be determined by the grandparents’ status. Joseph, who holds 6(1) status, revealed that his daughter, with one non-First Nations parent, falls under the 6(2) category, rendering his granddaughter ineligible for status.
Expressing frustration with the government’s role in the matter, Joseph called for reforms that would allow for alternative means of passing on status or for communities like Elsipogtog to manage their own membership registries. Elsipogtog operates under section 11 band membership, where Indigenous Services Canada controls the membership list, unlike section 10 band membership that allows communities to establish their own membership criteria.
While Bill S-2 aims to rectify sex discrimination issues in the Indian Act, it does not address the second-generation cut-off rule or grant autonomy to First Nations communities over membership regulations. Calls have been made by the Assembly of First Nations National Chief Cindy Woodhouse Nepinak to transfer control over status eligibility to the communities and eliminate the controversial rule.
Woodhouse Nepinak emphasized the need for communities to have sovereignty over membership codes, urging the government to provide resources for the transition. Despite supporting most aspects of Bill S-2, she highlighted the lack of provisions concerning self-determination, removal of the second-generation cut-off, and funding mechanisms for new status applicants.
In response to the growing concerns, Indigenous Services Canada disclosed ongoing consultations regarding the second-generation cut-off, with 29% of the registered First Nations population falling under the 6(2) category. The agency is concurrently advancing Bill S-2 and engaging in consultations to address the critical issue, with many First Nations and organizations actively contributing proposals to resolve the matter.