Mandy Gull-Masty, Minister of Indigenous Services, told the Assembly of First Nations chiefs she is hoping for a consultation period that will allow communities to determine how, when and where they will define their membership.Sean Kilpatrick/The Canadian Press
Legislation aimed at ending discrimination on how government status is conferred on Indigenous peoples will require more work than an amendment in a bill proposed by the Senate, the Minister of Indigenous Services told the Assembly of First Nations chiefs on Wednesday.
Minister Mandy Gull-Masty said the proposed amendment to remove the second-generation cutoff rule – a policy First Nations say could lead to their extinction – doesn’t reflect the diverse needs of First Nations across the country.
The second-generation rule was introduced in 1985 as an amendment to the Indian Act.
The cutoff rule requires that after two consecutive generations of mixed status relationships – where one parent has status, and the other does not – children can no longer be considered status Indians.
Status refers to the legal standing of someone recognized as being entitled to certain rights and benefits under the law.
Indigenous groups have been concerned the rule could lead to the disappearance of entire First Nations communities.
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The Senate has proposed legislation aimed at rectifying the discrimination by removing the second-generation cutoff and instead replacing it with a one-parent rule, meaning that as long as one parent is a registered status Indian, their children will be entitled to status.
But Ms. Gull-Masty told the AFN gathering in Ottawa that the problem is a “complex issue” that requires more than one solution.
The one-parent amendment is only “one part of the process.”
“But it is not one that reflects the uniqueness of who we all are as First Nations here in Canada,” she said.
“For me, I believe it is status quo, returning to what once did not work.”
Ms. Gull-Masty told the chiefs she is hoping for a consultation period that will allow communities to determine how, when and where they will define their membership.
Bill S-2, an Act to amend the Indian Act, will soon receive third reading in the Senate before going to the House of Commons for a vote.
Sharon McIvor, who won a legal case against the federal government over sex discrimination in the Indian Act, which resulted in legislative amendments in 2011, addressed the AFN on Wednesday, calling for the repeal of the second-generation cutoff.
“We can call it forced assimilation, genocide, or whatever you want to, but it’s the government’s plan to how to get rid of us,” she said.
Ms. McIvor said her grandchildren won’t be able to pass down eligibility as the legislation stands now.
“They’re not eligible, after all my work, my line runs out in my grandchildren.”
Also on Wednesday, chiefs from Treaties 6, 7 and 8 – which are generally in the Prairies – met with Prime Minister Mark Carney to discuss several issues, including the memorandum of understanding between Alberta and the federal government.
That MOU pledges political support for a pipeline from the province’s oil sands to British Columbia tidewater, provided certain conditions are met.
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When asked if he was interested in the co-ownership of a potential pipeline, Piikani Nation Chief Troy (Bossman) Knowlton, who is also president of the Blackfoot Confederacy, said there are many questions yet to be answered.
But he said as co-owners, First Nations would be able to address concerns such as ones related to the environment, health and safety, or avoiding sensitive lands.
“Do we want to have it Indigenous-led? Well, if that’s the flavour, and there is no opposition, we’re able to utilize that type of a process, then by all means,” he said. “But we have to look at the entire thing. It’s too early to say one way or another, because they’re just at the beginning. It may never happen.”
He said he expects such a project would face a lot of opposition and litigation.
He emphasized that First Nations need to be fully consulted about any potential projects that are part of the government’s efforts to diversify the Canadian economy away from reliance on the U.S.
As well, he said First Nations need to know the process for any proposed project so they can be ready for potential investment.
“Make no mistake, we’re not against any economic growth or benefits to the region, to our people, to the greater population,” he said, “but their concerns need to be addressed.”