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Amendments to Indian Act will take time, says federal minister
And any changes to the 'second-generation cut-off' must go through consultation process first, says Indigenous Services Minister Mandy Gull-Masty
The applause heard across Canada from First Nations’ peoples after the Senate recently passed sweeping amendments to a Liberal-backed bill that would simplify the transfer of First Nations status between generations will be mere echoes by the time it makes it through Parliament.
Bill S-2 is a proposed Canadian law to amend the Indian Act to address long-standing inequities in the registration of Indigenous peoples, primarily by restoring status to those who lost it through historical enfranchisement and by removing the second-generation cut-off for status.
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- An emotional Dawn Lavell-Harvard, former president of the Native Women’s Association of Canada, thanks Senator Paul Prosper, following the Senate Committee on Indigenous Peoples vote on Tuesday night in Ottawa to pass amendments to the government’s Bill S-2, ending what’s known as the second generation cut-off, which would allow anyone with status under the Indian Act to pass their legal identity and rights on to their children. (Photo courtesy of Karyn Pugliese/APTN)
The second-generation cut-off, which came from a 1985 amendment to the Indian Act, prevents individuals from registering for status under the Indian Act if they have a parent and a grandparent who did not have status.
In a recent interview, Indigenous Services Minister Mandy Gull-Masty told CKLB while she supports the Senate’s amendment replacing the “two-parent” rule with a “one-parent rule” for passing on status, it will need to take a different route from the rest of Bill S-2.
“I’ve heard from some people (who) think that the second-generation amendment has already been made law,” she said over the phone from Ottawa. “So, we’re trying to do the work of explaining to people the different steps it takes for this legislation to pass and what could happen, and what are where the what are the positions.
“So, with all due respect to the members of the Senate, I do support and agree with them that second-generation cut off is something that needs to be addressed. It’s just the process and the pathway forward on how we make decisions as representatives of the Crown differs greatly.”
The Canadian Press reported the overwhelming majority of chiefs, tribal council leaders and advocacy groups who appeared before the Senate committee studying Bill S-2 spoke in favour of ending the second-generation cut-off.
Gull-Masty has said the second-generation cut-off is a “critical and deeply personal issue that must be addressed in the right way.”
She has said her government is working closely with First Nations on the issue and consultations will continue into the new year.
She told CKLB she is mindful that people want to have a solution, but that a one-size-fits-all approach might not be the best for the entirety of the country.
“A one-parent solution can look very different for a Treaty Nation, could look different for Modern Land Claim, can look different for a nation that is sovereign and self -determining,” she said.
“So, I really want people to understand that it’s important that we do this consultation process while I think the one-parent rule is one option. I also think that there’s more criteria that we have to explore, and in doing so, we have to give communities and rights holders the rightful space to determine for themselves what their membership looks like.”
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Enfranchisement is an assimilation-era policy that forced First Nations people to give up their Indian status to gain rights like voting or obtaining a university degree. Some First Nations chiefs across Canada have said the second-generation cut-off could leave their communities with no federally recognized members in the next generation — essentially eliminating their rights as distinct peoples.
Key provisions of Bill S-2
- Restores lost status: The bill restores registration to individuals and their descendants who lost status due to enfranchisement, a policy that previously allowed First Nations to give up their status to become Canadian citizens.
- Recognizes natal band membership: The bill recognizes the right to have one’s name entered on a Band List for those who are entitled to registration, regardless of their enfranchisement history.
- Removes outdated language: It removes outdated and offensive language from the Indian Act.
- Allows voluntary de-registration: The bill gives individuals the choice to voluntarily deregister from the Indian Register.
- Addresses the second-generation cut-off: It replaces the existing “two-parent rule” with a “one-parent rule” for transmitting status, meaning children can have status if at least one parent has it, a change that could restore status to many generations previously excluded.
