First Nations leaders and advocates are urging the Canadian government to follow United Nations recommendations and remove the second-generation cut-off from the Indian Act. The Union of British Columbia Indian Chiefs and the Indian Act Sex Discrimination Working Group recently held a virtual press briefing to discuss technical guidance provided by the United Nations Expert Mechanism on the Rights of Indigenous Peoples (EMRIP).
EMRIP issued its ‘Technical Advice’ on May 2, advising Canada to eliminate the second-generation cut-off, which currently prevents the transfer of Indian status to children after two generations. Pam Palmater, a member of the Indian Act Sex Discrimination Working Group, criticized Canada for disregarding the input of First Nation leaders and women and stalling justice for their children.
EMRIP assists countries like Canada in implementing the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). Following a request from Jeremy Matson of the Squamish Nation and NDP MPs Leah Gazan and Jenny Kwan, EMRIP examined the second-generation cut-off and Senate amendments to Bill S-2. It concluded that the cut-off violates Article 8 of UNDRIP, which prohibits forced assimilation and cultural destruction.
Bill S-2, introduced in the Senate last year to address Indian Act issues related to enfranchisement, was amended to include the elimination of the second-generation cut-off. The bill is currently under review by the House Standing Committee on Indigenous and Northern Affairs, with over 40 witnesses supporting the amended bill. While some First Nations leaders oppose Bill S-2, citing concerns about continued federal control over identity definitions, Indigenous Services Canada Minister Mandy Gull-Masty has called for an extended consultation period on removing the cut-off.
Despite promises to address the issue promptly in the fall, skepticism remains about the government’s commitment to passing separate legislation. Critics, including Palmater, doubt the timeline for standalone legislation given the ongoing lack of clarity and consultation with First Nations.
With only four weeks remaining before Parliament’s summer recess, Marilyn Slett, chief councillor of the Heiltsuk Tribal Council and secretary-treasurer of the Union of B.C. Indian Chiefs (UBCIC), emphasized the urgency of eliminating the second-generation cut-off. UBCIC has advocated for its removal since its introduction in 1985, expressing concerns over potential delays if Parliament adjourns without passing the bill or introduces a new one.
Slett stressed the need for immediate action, stating that the current consultation process is insufficient due to decades of prior engagement. She emphasized that the time for corrective action is now, urging the government to rectify the implications of the Indian Act registration system without further delay.
