THE HONOURABLE MANDY GULL-MASTY APPLAUDS THE INTRODUCTION OF A NEW BILL TO ADDRESS REMAINING INEQUITIES AND BAND MEMBERSHIP PROVISIONS OF THE INDIAN ACT
OTTAWA, UNCEDED ANISHINAABEG TERRITORY, ON, May 29, 2025 /CNW/ - Today, the Honourable Mandy Gull-Masty, Minister of Indigenous Services, announced the introduction of Bill S-2 in the Senate, which addresses some of the remaining inequities in the registration and band membership provisions of the Indian Act.
Bill S-2 replaces former Bill C-38 which was introduced in December of 2022, but did not receive Royal Assent before Parliament was dissolved in March 2025.
The introduction of this Bill early in the current legislative session reiterates the Government of Canada's commitment to reconciliation and to eliminating inequities that continue to impact First Nations individuals and families.
Bill S-2 proposes amendments in four key areas: enfranchisement, voluntary deregistration, natal band reaffiliation and membership, and the removal of outdated and offensive language related to dependent persons. These changes respond directly to concerns raised by First Nations and individuals impacted by the Indian Act's residual inequities.
If passed, the legislation would ensure that individuals with family histories of enfranchisement are entitled to registration under the Indian Act and extend entitlement to their descendants.
Bill S-2 continues the legacy of former Bill C-38 which was developed from extensive engagement efforts, including over 50 virtual sessions held with First Nations, Indigenous organizations, and other partners. These discussions were instrumental in shaping the proposed amendments. It is estimated that approximately 3,500 individuals could become newly entitled to registration as a result of the changes in the first five years after it passes.
Quotes
"As Minister of Indigenous Services, eliminating gender-based inequities and colonial legacies in the Indian Act is a responsibility I take seriously. Today, we are taking an important step to address these long-awaited changes that continue to affect First Nations individuals and their families. This is one of the first bills proposed by this government because we understand the urgency of these measures for those impacted. I look forward to thoughtful study and discussions about this bill as it moves through the parliamentary process."
The Honourable Mandy Gull-Masty
Minister of Indigenous Services
Key Moments:
In 2018 and 2019, there was a collaborative consultation process on reform with First Nations. Input was received from over 650 participants, representing 395 First Nation communities and/or a tribal councils. The conclusion was that Canada should work with First Nations to proactively address issues related to registration and band membership provisions of the Indian Act.
In 2019, 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, came into full force, eliminating various sex-based inequities in the registration provisions of the Indian Act.
In 2020 the Final Report to Parliament on the Review of S-3 acknowledged that residual inequities still remained in the Indian Act. These included the impacts of a family history of enfranchisement on entitlement to registration, an inequity that exists to this day.
In June 2021, on behalf of 16 individual plaintiffs, Juristes Power Law launched a Charter challenge seeking to end the inequities and exclusion faced by families descended from forebears who were enfranchised under earlier versions of the Indian Act. This is referred to as the Nicholas v. AGC civil claim.
In March 2022, the litigation was placed in abeyance, in order to allow the parties to pursue an out of court legislative solution to end the ongoing impacts of enfranchisement.
The Department held over 50 virtual engagement sessions, which included more than 300 participants, from August to December 2022.
Further consultation with First Nations, Indigenous organizations who represent non-status First Nations, and other interested or impacted individuals, will be required to co-develop options to address the broader suite of remaining issues in the registration and band membership provisions of the Indian Act.
On January 6, 2025, Bill C-38 died on the Order Paper, following Parliament dissolution due to the election.
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