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 discussed in a previous blog, Indian registration can be more difficult for people apart of the 2SLGBTQI+ community. However, what about their children? What about the people who want to register for Indian status with two parents of the same sex? We are going to discuss this process in more detail …
To determine if a child of same sex parents has status, it involves looking at both the biological parents and “adoptive” parents.[3] For a child of same sex parents to be registered as a status Indian, there must be at least one parent who is registered or entitled to register under section 6(1) of the Indian Act.[4] This parent could be either adoptive or biological. For a reminder of what section 6(1) entails, we recommend checking out this previous blog on it. [5] The applications for children of same sex parents are assessed on a case-by-case basis. [6]
However, “some forms require the applicant to provide their father’s family name and their mother’s maiden name” which can be an administrative obstacle for some children of same sex parents.[7] This form requirement can enforce parental relationships that the family does not want to exist.[8]
What do you think of these requirements? Are they close to your thoughts on kinship? Please let us know your thoughts in the comments below. We will continue this discussion in a future blog in relation to different band's membership codes!
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”, online: <www.canada.ca> [perma.cc/PRK8-8CUP].
[3] Canada, “Remaining inequities related to registration and membership”, online: <www.rcaanc-cirnac.gc.ca> [https://perma.cc/M4H6-WV3V]. [Registration]
[4] Ibid.
[5] ReconciliACTION YEG, “Understanding Bill C-31 and Sections 6(1) and 6(2)” (15 November 2024) online (blog): <www.reconciliactionyeg.ca> [https://perma.cc/MXE6-PUMJ].
[6] Registration supra note 3.
[7] Ibid.
[8] Ibid.
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