A member of the Mi’kmaw community from Elsipogtog First Nation in New Brunswick is concerned that his granddaughter will break the lineage’s tradition of Indian status eligibility. DJ Joseph, a lifelong resident of Elsipogtog, expressed fears of his family history being erased due to the second-generation cut-off rule under the Indian Act.
The rule stipulates that after two generations of a non-status parent, individuals lose their status, rendering Joseph’s newborn granddaughter ineligible for Indian status. Despite ongoing Senate reviews of proposed amendments to the Indian Act, advocates argue that the current legislation fails to address this issue, potentially affecting more families like the Josephs in the future.
Joseph, who holds 6(1) status, explained his daughter’s 6(2) status due to her non-First Nations mother, resulting in his granddaughter being excluded from status eligibility. Expressing frustration with the government’s role in this matter, Joseph hopes for reforms that either eliminate the cut-off rule or empower communities like Elsipogtog to manage their own status registries.
Elsipogtog operates under section 11 band membership, where Indigenous Services Canada oversees the membership list. In contrast, section 10 band membership allows communities to establish their membership criteria while the federal government manages Indian status registrations. Bill S-2, currently under Senate consideration, aims to rectify gender discrimination in the Indian Act but lacks provisions addressing the second-generation cut-off or granting sovereignty to First Nations in membership matters.
Assembly of First Nations National Chief Cindy Woodhouse Nepinak advocates for transferring status eligibility control to communities and eliminating the second-generation cut-off. While supporting aspects of Bill S-2, she highlights the need for self-determination on citizenship, removal of the cut-off rule, and adequate funding to accommodate newly eligible individuals.
ISC has reported that without legislative changes, the number of individuals eligible for status is expected to decline in the coming generations. The department is concurrently advancing Bill S-2 and consulting on the second-generation cut-off, with 90 First Nations and organizations submitting proposals to address the issue by December.
Overall, there is a growing call for reforms to address the second-generation cut-off rule and grant greater autonomy to Indigenous communities in determining membership eligibility.
