Question Period Note: Indian Act Reform

• The Government is committed to removing all forms of discrimination, including making timely amendments removing the residual impacts of enfranchisement and other inequities in the Indian Act in response to calls to action from First Nations during consultation.
• Feedback on the amendments has been received from First Nations and Indigenous organizations.
• Consultation on inequities were held in 2012 and 2018. Over 30 engagement sessions, specific to the proposed amendments were offered publicly since August 2022.
• Feedback was integral in the co-development of the amendments.

The Minister of Indigenous Services has been mandated to prioritize support for First Nations’ self-determination with a view to a transition away from the Indian Act. In support of that mandate, and in response to the Nicholas v AGC Charter challenge on enfranchisement-related inequities, the upcoming legislation proposes to address inequities in registration and membership under the Act.

Despite the elimination of the process of enfranchisement from the Act by Bill C-31 in 1985, the entitlement of descendants with a family history of enfranchisement continues to be more limited than those who do not have a history of enfranchisement. Further, while the registration and band membership provisions of the Indian Act were subsequently amended in 2011 under the Gender Equity in Indian Registration Act (Bill C-3), and in 2017, under An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général) (Bill S-3), these legislative changes were focused on removing sex-based inequities. As a result, residual inequities relating to enfranchisement continue to persist with some descendants unable to transmit entitlement to registration to the same extent as individuals with no family history of enfranchisement. Those who enfranchised as a band or a collective (and their descendants) also have no entitlement to registration today.

In 2018-2019, following a consultation process with First Nations partners, the Minister’s Special Representative (MSR) Claudette Dumont-Smith, submitted a report with recommendations to address a broad suite of remaining inequities in the Indian Act. This included enfranchisement, second-generation cut-off, deregistration, and cross-border issues.

In March 2022, the Honorable Patty Hajdu, Minister of Indigenous Services, announced an agreement with the Nicholas v AGC counsel to put the litigation in abeyance, to allow the parties to seek a legislative solution for enfranchisement related inequities. Under this agreement, Canada committed to a timely introduction of legislative remedies addressing enfranchisement.

The proposed amendments have been communicated through the departmental webpage; social media posts; web content; and distribution of information through a third party partner, Indigenous Link. Information on the availability of virtual engagement sessions were shared broadly though each platform. To date, over 30 sessions have been held with individuals and organizations. On October 31, 2022 the Honorable Patty Hajdu, Minister of Indigenous Services Canada sent a letter encouraging participation from all First Nations Chiefs in the engagement process.

As a result of the proposed changes, over the next five years, it is projected that nearly 3500 individuals will be impacted by these changes and could be newly eligible for registration under the Indian Act.

If pressed on Duty to Consult
• Consultation on the issues being addressed in the legislation began in 2012 and concluded in 2018.
• First Nations have been clear that inequities in registration and membership must be addressed. The proposed amendments will remedy enfranchisement, in particular, which the government has been asked to do.
• The Government has committed to further consultation on remaining inequities and issues of concern in 2023.
• Consultation in this next phase will be broad and comprehensive in order co-develop remedies to remaining inequities including the second generation cut off.