A man belonging to the Mi’kmaw community of Elsipogtog First Nation in New Brunswick expressed concerns that his granddaughter will not be eligible for Indian status, breaking a long lineage of status within his family. DJ Joseph, who has lived his life in Elsipogtog, highlighted the issue of the second-generation cut-off rule, which renders his granddaughter ineligible for status under the Indian Act due to having a non-status parent for two generations.
Despite ongoing discussions in the Senate regarding amendments to the Indian Act, advocates argue that the current proposed changes do not adequately address the issue, potentially affecting more families like the Josephs in the future. Joseph questioned whether his future descendants will be able to identify as Mi’kmaw, as the existing regulations hinder their eligibility for status.
Historically, Indian status was predominantly passed down through men until changes were made in 1985, introducing categories like 6(1) and 6(2) based on parental status. Joseph, holding a 6(1) status, revealed that his granddaughter, born to a non-First Nations parent, does not meet the criteria for status under the Act, prompting concerns about the intentional nature of these regulations.
Elsipogtog operates under section 11 band membership, where Indigenous Services Canada manages the membership list, unlike section 10 bands that have more autonomy in defining membership criteria. The ongoing Senate discussions around Bill S-2 aim to rectify gender-based discrimination in the Indian Act but do not address the second-generation cut-off or the sovereignty of First Nations in determining membership.
National Chief Cindy Woodhouse Nepinak of the Assembly of First Nations emphasized the need for communities to have control over membership criteria and called for the elimination of the second-generation cut-off rule from the Indian Act. While supporting some aspects of Bill S-2, she raised concerns about the lack of provisions for First Nations self-determination, funding for new status-eligible individuals, and the removal of the cut-off rule.
In response to the growing concerns, Indigenous Services Canada is engaging in consultations on the second-generation cut-off, recognizing it as a pressing issue that requires immediate attention. The department is concurrently advancing Bill S-2 and seeking feedback from various First Nations and organizations to address the challenges posed by the cut-off rule.