Remove 2nd-generation cut-off from Indian Act, witnesses tell Senate committee

As Bill S-2 moves through the Senate, debate continues over whether the legislation will do enough to address remaining discrimination in registration under the Indian Act. 

The bill is aimed at removing remaining sex-based discriminations in the registration process, especially those tied to enfranchisement: the often involuntary loss of status to become “full citizens.”

The bill also provides a process to reaffiliate women who were forced to join their husband’s band after marriage with their home communities or “natal band,” a process for people to remove themselves from the registry, and removes outdated, offensive language in the Indian Act. 

Senators are considering whether to advance the bill as it stands or to add additional amendments, such as ending the “second-generation cut-off” that removes status after two generations of one non-status parent. 

On Tuesday, the Senate committee on Indigenous peoples heard from Madeleine Redfern, interim CEO of the Native Women’s Association of Canada (NWAC).

Redfern told senators that NWAC supports Bill S-2, but that it fails to take into account registration issues like the second-generation cutoff and communities’ right to control their own membership.

“With the increasing number of families with one status and one non-status parent, the second-generation cut-off will become increasingly common, creating harmful and far fetching consequences by limiting future generations of Indigenous peoples from accessing status,” said Redfern.

Redfern, who is Inuk from Iqaluit, pointed to the Nunavut Agreement as an example of self-determination when it comes to determining identity and community affiliation. 

“My land claim agreement gives my nation, my people, the right to determine our identities through our own enrolment program, so it is possible in this country,” said Redfern.

Sen. Mary Jane McCallum said as written the bill could restore status to nearly 6,000 people but if amended to remove the second generation cutoff, as many as 225,000 could be eligible for status. 

Pam Palmater, chair in Indigenous Governance at Toronto Metropolitan University, told the committee the government must act now. 

“Canada cannot wait any longer,” she said.

“It must make an amendment to eliminate the second-generation cut-off in this bill. It simply cannot enact yet another bill — this will be the fourth one with these incremental, tiny steps — while having an iron grip on the legislative extinction in the disappearing Indian formula.” 

Assembly of First Nations National Chief Cindy Woodhouse Nepinak presented to the standing committee last week, saying she supports the bill’s intent, but that it only represents a small step toward ending discrimination in registration.

“Since 1985, every few years, there is more litigation and then another bill to amend the registration provisions of the Indian Act, often with little direct consultation with rights holders who bear the brunt of the consequences with no additional resources or land to accommodate new registrants,” she told the committee last week. 

“Our people are entitled to determine who they are, and to have their entitlement to rights determined according to our laws and policies.”

Another committee meeting is scheduled for Wednesday evening. 

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