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.
What is Bill C-31?
Bill C-31 was an amendment to the Indian Act in 1985 “to eliminate discriminatory provisions and ensure compliance with the Canadian Charter of Rights and Freedoms”.[2] The amendments hoped to establish equality among men and women in the transmission of Indian status.[3] The majority of the changes dealt with marriage and its impacts on status. Indian women who married non-Indian men would no longer lose status, and non-Indian women would no longer receive status when marrying Indian men.[4] Indian women who lost their status due to marriage were able to apply for reinstatement, along with their children.[5] Non-Indian women who gained status through marriage prior to 1985, were allowed to keep their status.[6]
Indian women losing their status when marrying non-Indian men was an example of enfranchisement. Enfranchisement “was the process that resulted in a person no longer being considered an Indian under federal legislation.”[7] Enfranchisement in the Indian Act took two forms: involuntary enfranchisement and voluntary enfranchisement. Involuntary enfranchisement “occurred without the consent of the individual(s) concerned”.[8] For example, if an Indian person got a university degree, they would then be enfranchised even if they did not want to lose their status. Voluntary enfranchisement occurred when “an individual made an application to prove they were "civilized" and able to take care of themselves without being dependent upon the government.”[9] Bill C-31 eliminated all forms of enfranchisement and allowed for enfranchised individuals to apply for reinstatement.[10]
Although Bill C-31 tried to address the issues of sex-based discrimination within the Indian Act, various issues have arisen through the amendments. A main issue that we touched on in a previous blog is the second-generation cut-off.[11] We plan on discussing these issues in future blogs. However, to begin understanding these issues, it is important to first understand the categories established through sections 6(1) and
6(2) of the Indian Act, which were introduced as a
result of Bill C-31.
What are sections 6(1) and 6(2)?
Sections 6(1) and 6(2) have become ‘titles’ that determine the status that someone has. Both sections have access to the same services and benefits under the Indian Act, however the ability to pass on status differs.[12] An individual entitled to be registered under section 6(1) of the Indian Act is someone who has both parents currently registered, were registered or entitled to be registered under the Indian Act.[13] To be registered under section 6(1), there are 14 possible categories that an individual could fall under. Section 6(2) status is for individuals who only have one parent registered under section 6(1) and the other parent is not entitled to registration.[14]
It is important to understand what type of status you have or are entitled to, if possible. We recommend checking out this government fact sheet to determine the section you could potentially be registered under.[15]
Final Thoughts
The topic of status within the Indian Act can be difficult to understand due to the many amendments and needs for reinstatement. It can be just as confusing to comprehend all of the colonial tactics used to assimilate Indigenous people into different categories. We hope this helped give a brief introduction into Bill C-31 and the sections an individual can be registered under. Like always, we are interested in hearing your thoughts to begin a discussion.
What do you think about these colonial tactics to determine who is “Indian”? Do you have status? And if so, under what category?
Stay tuned for future blog posts that discuss other issues arising from Bill C-31.
ekosi.
The ReconciliACTION Team
Citations
[1] Indian Act, RSC 1985, c I-5 [Indian Act].
[2] Government of Canada, “Bill C-31 and Bill C-3 amendments” (last visited 6 November 2024) online: <rcaanc-cirnac.gc.ca/eng/1540405608208/1568898474141#>.
[3] Ibid.
[4] Ibid.
[5] Ibid.
[6] Ibid.
[7] Assembly of First Nations, “Enfranchisement” (last visited 6 November 2024) online (pdf): <afn.ca/wp-content/uploads/2020/01/12-19-02-06-AFN-Fact-Sheet-Enfranchisement-final-reviewed.pdf>.
[8] Indian Act, supra note 1.
[9] Ibid.
[10] Ibid.
[11] ReconciliACTION YEG, “The United Nations Recommendations to Canada: The Indian Act” (11 November 2024) online: <reconciliactionyeg.ca/post/the-united-nations-recommendations-to-canada-the-indian-act>.
[12] Indian Act, supra note 1.
[13] Ibid.
[14] Ibid.
[15] Ibid.
[Image] Nisichawayasihk Cree Nation “NCN Citizens: Renew Your Indian Status Card” (last visited 6 November 2024), online: <ncncree.com/ncn-citizens-renew-your-indian-status-card/>.
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