Indigenous Services Minister Mandy Gull-Masty emphasized that while the Assembly of First Nations signaled the need to eliminate the second-generation cut-off in the Indian Act, her government would not proceed with this change without thorough consultations with leaders.
During a recent special assembly in Ottawa, First Nations chiefs endorsed Senate amendments to a government bill aiming to broaden eligibility under the Indian Act by removing the second-generation cut-off clause. This provision currently bars individuals from registering for status under the law if their parent and grandparent did not have status.
The resolution, adopted unanimously at the Assembly of First Nations gathering, also urged the government to commit to increased funding to assist communities in accommodating new members.
The Assembly of First Nations functions as an advocacy group for 600 First Nations chiefs who convene biannually to address issues and pass resolutions guiding the executive committee’s lobbying efforts. While all chiefs have the opportunity to attend these gatherings, some opt not to participate.
Indigenous MP Jaime Battiste previously emphasized the necessity of obtaining approval for Indian Act modifications from First Nations through the Assembly of First Nations.
Minister Gull-Masty, following discussions with chiefs on the second-generation cut-off, stressed her legal obligation to consult with chiefs and seek their input on potential alternatives.
Bill S-2, introduced in the Senate with Liberal government support, aimed to rectify gender disparities in the Indian Act and enable approximately 6,000 individuals to qualify for Indian status. Senators revised the legislation to eliminate the second-generation cut-off, a provision stemming from a 1985 amendment to the Indian Act.
Chiefs expressed concerns that the cut-off could jeopardize their communities’ federal recognition in future generations, potentially undermining their distinct identity as a people.
Gull Bay First Nation Chief Wilfred King, endorsing the resolution at the AFN meeting, emphasized that those eligible for status once the cut-off is lifted are integral members of their communities with direct connections to leadership and community members.
Minister Gull-Masty underscored the importance of House of Commons involvement and consultations with First Nations before the Senate alters legislation.
She acknowledged the reservations chiefs have regarding the current form of the law, recognizing the significant impact it has on the lives of First Nations people under federal control.
Senator Paul Prosper, involved in amending the legislation in the Senate’s Indigenous Peoples committee, highlighted the overwhelming consensus among witnesses on the imperative to revoke the second-generation cut-off. He mentioned that some policymakers view changes to status eligibility primarily as a financial issue, as increased federal recognition would necessitate higher per-capita funding for First Nations.
