As the Senate progresses with Bill S-2, discussions are ongoing regarding whether the legislation will sufficiently address the remaining discrimination in registration under the Indian Act. The primary focus of the bill is to eliminate existing sex-based discriminations in the registration process, specifically those associated with enfranchisement, which involves the involuntary loss of status to attain full citizenship.
Additionally, the bill 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or “natal band,” a mechanism for individuals to voluntarily remove themselves from the registry, and the elimination of outdated and offensive language within the Indian Act. Senators are deliberating whether to advance 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 Senate committee session on Indigenous peoples, Madeleine Redfern, the interim CEO of the Native Women’s Association of Canada (NWAC), voiced support for Bill S-2 but highlighted its oversight of registration issues like the second-generation cut-off and the communities’ autonomy in managing their membership. Redfern expressed concerns about the implications of the second-generation cut-off on future generations of Indigenous peoples, emphasizing the need to address this issue promptly.
Drawing attention to the Nunavut Agreement as a model of self-determination in identity and community affiliation, Redfern, who is of Inuk descent from Iqaluit, underscored the importance of allowing communities to determine their own identities through customized enrollment programs.
Senator Mary Jane McCallum mentioned that as currently written, the bill could reinstate status for approximately 6,000 individuals. However, by removing the second-generation cut-off through an amendment, up to 225,000 individuals could potentially qualify for status. Pam Palmater, chair in Indigenous Governance at Toronto Metropolitan University, urged the government to take immediate action, insisting on the elimination of the second-generation cut-off in the bill to prevent further delays in addressing discriminatory registration practices.
Assembly of First Nations National Chief Cindy Woodhouse Nepinak also addressed the standing committee, expressing support for the bill’s objectives but stressing that it represents only a small step towards eradicating discrimination in registration. Nepinak criticized the ongoing cycle of litigation and legislative amendments to the Indian Act since 1985, emphasizing the need for meaningful consultation with rights holders to ensure fair treatment and access to entitlements based on Indigenous laws and policies.
A follow-up committee meeting is scheduled for Wednesday evening to continue deliberations on the bill.