A turning point on Indian status

Canada stands at a crossroads in its relationship with Indigenous peoples. For over a century, the government has sought to define who is an “Indian” and to set the rules for membership in First Nations that predate its own existence through the Indian Act. The government reported this week to Parliament on the results of an engagement process with Indigenous organizations coming out of its legislative response to the Descheneaux decision. The Congress of Aboriginal Peoples is disappointed that after two years of consultation it failed to include either concrete plans for addressing specific inequalities in the Indian Act or some serious thought about the effects of Indian status policy on the off-reserve and non-band-member population. The collaborative process was set into motion by Bill S-3, which received royal assent in June of 2018 and was the government's response to the Quebec court’s ruling in the Descheneaux case, that the status eligibility rules in the Indian Act discriminate against First Nations women by denying them the ability to pass on their Indian status to their children in the same way as their male counterparts. The government version of the bill narrowly addressed the issues Descheneaux ruling, but only when pressured by the Senate did they adopt an amendment that would more fully end sex discrimination for First Nations women and their descendants by removing the so-called “1951 cutoff." Still, the coming-into force of that amendment was delayed for consultation, and again with this week’s report that consultation has been extended indefinitely. Rather than setting a timeline for fully implementing S-3, the government committed only to develop an implementation plan at some unknown date in the future. When S-3 comes into full effect, thousands of First Nations people across Canada will finally be recognized as status Indians. Legally, there is no reason the S-3 can’t take full effect today. Concerns have been raised about the resources and capacity required for bands to provide services to so many new members, but the reality is that the vast majority of those who regain their status are living off-reserve and will continue to do so—the parliamentary budget officer estimates less than two per cent of those who will regain their status will move to a reserve. Individuals and families have limits to their capacity and resources as well. The entitlements that go along with Indian status, such as access to non-insured health benefits or limited exceptions from taxation, are modest in many ways—some might say shamefully so—but can make a real difference for some families. Receiving a status card today or getting one in a year could be the difference between just barely making ends meet and not being able to pay rent. It can be the difference between getting needed dental work and losing teeth. This is a piecemeal change. It won’t undo centuries of colonialism, but they can be put into action in the short term and make a big difference to individuals and families who are affected by them. In the long term, we will need to rethink the whole idea of recognition for First Nations individuals. The United Nations Declaration on the Rights of Indigenous People (UNDRIP) is clear that Indigenous peoples have the right to determine their own membership. The government must cease legislating Indigeneity. However, colonization has left many Indigenous peoples in Canada alienated from their original communities: those living off-reserve, those affected by enfranchisement or the Sixties Scoop, those excluded from their bands by custom codes, and those for whom the two-generation cut-off meant a loss of both status and band membership. These are the people most likely to regain status when S-3 takes full effect, but also those most likely to be forgotten if registration is devolved to Bands. The government's report almost completely ignores them, making barely any reference at all to the increased funding and services required to deal with potentially hundreds of thousands of newly Registered Indians living in Canadian cities and towns. There are thousands of people on “the general list”—those registered Indians who are not affiliated with any Band. They, and their descendants are still First Nations people, deserving of their rights and dignity. That’s why we need an alternative way to ensure that all Indigenous individuals can have their status recognized and access services. This might be through some new body or through existing organizations of off-reserve Indigenous peoples, but it can’t be left to solely band councils that have already excluded them. The crossroads Canada stands at is a choice between respecting all Indigenous people or choosing to exclude a large majority of our families. We will not allow our peoples to be forgotten. Robert Bertrand is national chief of the Congress of Aboriginal Peoples. The Hill Times

A turning point on Indian status

The United Nations Declaration on the Rights of Indigenous People is clear that Indigenous peoples have the right to determine their own membership. The government must cease legislating Indigeneity.

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A turning point on Indian status

The United Nations Declaration on the Rights of Indigenous People is clear that Indigenous peoples have the right to determine their own membership. The government must cease legislating Indigeneity.

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