First Nations leaders and advocates are urging the Canadian government to implement recommendations from the United Nations aimed at removing 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 conducted a virtual press briefing to address 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 eliminate the second-generation cut-off, which currently restricts the transfer of Indian status to offspring after two generations. Speaking at the news conference, Pam Palmater, a member of the Indian Act Sex Discrimination Working Group, criticized Canada for failing to engage in meaningful consultation and delaying justice for Indigenous children.
EMRIP offers guidance to countries like Canada on the full implementation of the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). The review of the second-generation cut-off and the Senate amendments to Bill S-2 was initiated by Jeremy Matson from the Squamish Nation, along with NDP MPs Leah Gazan and Jenny Kwan. The assessment found the second-generation cut-off to contravene Article 8 of UNDRIP, which prohibits forced assimilation and cultural destruction.
Bill S-2 was introduced to address outstanding issues with the Indian Act following the Nicholas v. Attorney General (Canada) case in the British Columbia Supreme Court. The Senate modified the bill to include the elimination of the second-generation cut-off. Currently under review by the House Standing Committee on Indigenous and Northern Affairs, Bill S-2 has garnered support from over 40 witnesses, with most advocating for its passage as amended. However, some First Nations leaders oppose the bill, citing concerns about continued federal control over identity definition.
Minister Mandy Gull-Masty of Indigenous Services Canada has called for an extended consultation period regarding the removal of the second-generation cut-off. Plans are underway to address this issue promptly in the fall, with a commitment to legislative reforms that align with First Nations’ perspectives and priorities. Despite this, Palmater expressed skepticism about the government’s ability to enact separate legislation on the second-generation cut-off due to uncertainty surrounding the consultation process.
With only four weeks left in the parliamentary session before the summer break, there is a sense of urgency to pass the bill. Marilyn Slett, chief councillor of the Heiltsuk Tribal Council and secretary-treasurer of the Union of B.C. Indian Chiefs (UBCIC), highlighted the long-standing advocacy efforts by UBCIC to eliminate the second-generation cut-off. Slett emphasized the critical need for immediate action, urging Parliament to rectify the shortcomings of the Indian Act and registration processes without further delay.