tansi ninôtemik,
For the purpose of this blog post, we use the term “Indian” when discussing the Indian Act and registration under the Indian Act, including terms such as “status Indian” and “non-status Indian.”[1] These terminologies were created by the federal government and are still used when discussing Indigenous people under the Indian Act. As well, it is important to know that 2SLGBTQI+ stands for “Two-Spirit, lesbian, gay, bisexual, transgender, queer, intersex, and additional sexually and gender diverse people.”[2]
As we have discussed in previous blogs, entitlement to Indian registration is dependent on “genealogy or lineage [and] there is a legislative need to record birth-assigned sex in the Indian Registrar.”[3] This is an issue because, often, people’s gender identity does not match what is recorded on their birth certificates. When applying for Indian status, the selection of male or female must match what is said on the proof of birth document. Therefore, if someone wants to register for Indian Status as the gender identity they feel most comfortable with, and it is not the one attached to their birth certificate, they are “required to amend their proof of birth document prior to [registering].”[4] Suppose a person is already registered under the Indian Act and needs to change their current sex on it; in that case, they “must apply for an amendment and provide the required supporting documentation.”[5]
Currently, for a complete application to be processed for registration under the Indian Act, it “can take from 6 months to 2 years, depending on the complexity of the file.”[6] Applications for Indian status can already be a difficult task, as shown in the previous blogs. As well, gender identity has a lot of stigma around it and is often a complex and confusing journey for people.[7] Requiring more applications and documents of people already figuring out their gender identity makes it harder for those who are a part of the 2SLGBTQI+ community. Alongside the additional applications, the current wait time to process an application leaves people waiting far too long for an answer to confirm if their gender identity and Indian status can coincide.
Registering under the Indian Act is already a colonial task that people must do to have Indian status. In a messy way, this Indian status connects people to their indigeneity. This confusing relationship has been discussed in a previous blog that we recommend reading.[8] The gender identity issues while registering for Indian status are also a result of colonialism.
Lori Campbell is a Two-Spirit nēhiýaw āpihtāwikosisān and band member of Montreal Lake First Nation, and Campbell is currently the Director of the Indigenous Student Centre at the University of Waterloo.[9] Campbell has discussed the stigma surrounding the 2SLGBTQI+ community and how it is a by-product of colonization. Specifically, Campbell said it is due to “some of the teachings associated with the church [that] have led to some of our old people and some younger people to think negatively about queerness and Two-Spirit people within our communities.”[10] Campbell also discussed the stories about people in different gender roles and how “it wasn’t until colonization that people tried to censor these stories.”[11] The colonial impacts on gender identity and Indian status make it more difficult for Indigenous people to navigate their gender identity journey.
Please feel free to share any respectful questions or comments below on your thoughts on gender identity and Indian status. What do you believe are some solutions to this colonial harm?
ekosi.
The ReconciliACTION Team
Citations
[1] Indian Act, RSC 1985, c I-5 [Indian Act].
[2] Government of Canada, “Facts, stats, and impact: 2SLGBTQI+ communities”, (fact sheet) online: <www.canada.ca> [www.canada.ca/en/women-gender-equality/free-to-be-me/federal-action-2slgbtqi-communities/facts-stats.html] [2SLGBTQI+].
[3] Canada, Crown-Indigenous Relations and Northern Affairs Canada, Remaining inequities related to registration and membership, (fact sheet) online: <www.rcaanc-cirnac.gc.ca> [perma.cc/Y8FR-VGE5].
[4] Ibid.
[5] Ibid.
[6] Government of Canada, “Indian Status”, online: <www.sac-isc.gc.ca> [perma.cc/4ZJ6-JLLX].
[7] 2SLGBTQI+, supra note 2.
[8] ReconciliACTION YEG, “Status Card – Double Edged Sword” (15 November 2022) online (blog): <reconciliactionyeg.ca> [perma.cc/R3LU-8PT6].
[9] Paula Tran, “Being Two-Spirit and trans in Canada: How colonization shaped the way we view gender diversity” Global News (8 June 2022), online: <globalnews.ca> [perma.cc/T4ZN-C9QF].
[10] Ibid.
[11] Ibid.
[IMAGE] Vancouver Coastal Health, “Two-Spirit wellness resources” (last visited 1 February 2025) online (resource): <vch.ca> [perma.cc/WWJ2-GBHS].
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