First Nations leaders and advocates are urging the Canadian government to implement recommendations from the United Nations to remove the second-generation cut-off provision 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 the 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 abolish the second-generation cut-off, which currently bars children from inheriting Indian status 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, delaying justice for their children.
The review conducted by EMRIP on the second-generation cut-off and the Senate amendments to Bill S-2 was instigated by Jeremy Matson of the Squamish Nation, along with NDP MPs Leah Gazan and Jenny Kwan. The assessment found the cut-off to contravene Article 8 of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), which prohibits forced assimilation and the erosion of cultural heritage.
Bill S-2, initially introduced to address issues related to enfranchisement within the Indian Act, was amended by the Senate to eliminate the second-generation cut-off. The bill is currently under scrutiny by the House Standing Committee on Indigenous and Northern Affairs, with over 40 witnesses supporting the amended version. However, some First Nations leaders oppose the bill, arguing that it perpetuates federal control over identity definitions.
Minister Mandy Gull-Masty of Indigenous Services Canada has called for an extended consultation period regarding the removal of the second-generation cut-off. Despite plans for expedited action in the fall, Palmater expressed skepticism about the government’s commitment to passing separate legislation due to unclear consultation timelines.
With only four weeks remaining for Parliament to pass the bill before its summer recess, Marilyn Slett, chief councillor of the Heiltsuk Tribal Council and secretary-treasurer of the Union of B.C. Indian Chiefs, emphasized the urgency of eliminating the second-generation cut-off. UBCIC has advocated for removing this provision since its introduction in 1985, fearing further delays if action is not taken promptly.
Slett stressed that the time for action is now, urging Parliament to rectify the issues stemming from the Indian Act and registration process without delay.