As the Senate deliberates on Bill S-2, discussions continue regarding its effectiveness in addressing the remaining discrimination in registration under the Indian Act. The primary focus of the bill is to eliminate sex-based discriminatory practices in the registration process, particularly those linked to enfranchisement – the involuntary loss of status to gain full citizenship.
Additionally, the legislation includes provisions to reunite women who were compelled to join their husband’s band post-marriage with their original communities or “natal band,” a mechanism for individuals to voluntarily remove themselves from the registry, and the removal of outdated and offensive language within the Indian Act. Senators are contemplating whether to move forward with the bill in its current form or introduce further amendments, such as abolishing the “second-generation cut-off” that terminates status after two generations of a non-status parent.
During a recent session of the Senate committee on Indigenous peoples, Madeleine Redfern, the interim CEO of the Native Women’s Association of Canada (NWAC), expressed support for Bill S-2. However, Redfern highlighted that the bill overlooks registration challenges like the second-generation cut-off and the community’s right to manage its membership autonomously.
Emphasizing the detrimental impact of the second-generation cut-off, Redfern, who hails from Iqaluit, cited the Nunavut Agreement as a model of self-governance in identity determination and community affiliation. She underscored that her nation’s land claim agreement grants them the authority to define their identities through an independent enrollment process, showcasing the possibility of such autonomy within the country.
Senator Mary Jane McCallum mentioned that in its current state, the bill could reinstate status for nearly 6,000 individuals. However, if amended to eliminate the second-generation cut-off, up to 225,000 people could become eligible for status. Pam Palmater, the chair in Indigenous Governance at Toronto Metropolitan University, urged immediate government action, asserting that Canada cannot delay any further.
Palmater stressed the necessity of amending the bill to remove the second-generation cut-off, criticizing the government for repeatedly enacting legislation that falls short of addressing the “disappearing Indian formula.” Assembly of First Nations National Chief Cindy Woodhouse Nepinak also voiced support for the bill’s objectives but remarked that it represents only a modest stride towards eradicating registration discrimination.
She criticized the pattern of litigation and subsequent bills to amend Indian Act registration provisions without adequate consultation with affected rights holders. Nepinak emphasized the people’s right to self-identification and entitlement to rights based on their own laws and policies.
The committee is set to convene for another meeting on Wednesday evening.
