This House of Commons committee meeting studied Bill S-2, which addresses discrimination in the Indian Act, and heard from 12 witnesses, including individuals affected by the legislation, legal experts, and representatives of Indigenous organizations.
Kathryn Fournier shared her family's history of enfranchisement, describing how her grandfather was forced to give up his status in 1922 to vote, which led to generations of disconnection. She argued that enfranchisement was a genocidal policy designed to eliminate status Indians and urged the committee to pass Bill S-2 with the Senate amendments.
Ryan Beaton, the lawyer for the plaintiffs in the Nicholas case, stressed that the court-ordered remedy for enfranchisement is tailored and would not hinder broader legislative changes. He urged Canada to stop fighting the court order, noting that Parliament could then debate Bill S-2 without the pressure of a court deadline.
Jeannette Corbiere Lavell, a plaintiff in the 1971 Lavell case, described losing her status after marrying a non-status man and receiving only $35. She called for the elimination of the second generation cut-off, arguing that Canada must end sex and race discrimination now by passing Bill S-2 as amended, and noted that her Anishinabek Nation follows a one-parent rule.
Mary Hannaburg, a mental health worker from Kanesatake, detailed the daily impacts of the second generation cut-off, including loss of culture, language, and access to services like health care and education. She argued that the government uses consultation as a shield and called for the bill's passage, warning that 36.54% of her community holds subsection 6(2) status, which she described as genocide.
Dawn Lavell Harvard, director of the First Peoples House of Learning, emphasized that culture saves lives and that the second generation cut-off causes irreparable harm to youth, leading to high suicide rates. She urged the committee to pass Bill S-2 as amended, arguing that further consultation is unnecessary because the change enhances equality and does not violate the UN Declaration on the Rights of Indigenous Peoples.
Steven Bentley and Mark Nixdorf, representing the Edmonton Stragglers, described their band's historical removal through sex-based discrimination and the ongoing difficulties with registration. They asked for a dedicated registration expediter and argued that the second generation cut-off should not be rigidly applied to those registered under Bill S-3, as their case is about restoration, not expansion.
Grand Chief Math’ieya Alatini, representing the Council of Yukon First Nations, stated that she is a subsection 6(2) status Indian whose line ends with her due to the cut-off. She supported the swift passage of Bill S-2 as amended, arguing that consultation is being used as a shield and that delaying is discrimination, and noted that the AFN adopted a unanimous resolution in support of the bill.
Shelagh Day, from the Feminist Alliance for International Action, argued that the second generation cut-off is a forced assimilation policy that violates the UN Declaration on the Rights of Indigenous Peoples. She criticized the government for being in the bedrooms of first nations, deciding who can be an Indian, and urged the committee to pass the bill immediately.
Mary Eberts, a constitutional lawyer, traced the history of litigation on sex discrimination in the Indian Act, noting that the 1985 cut-off still discriminates against maternal lines. She urged Parliament to act now rather than abdicate to the judiciary, and argued that consultation should focus on how to transition to a non-discriminatory system, not on whether to end discrimination.
Wilton Littlechild, an international lawyer, proposed a three-element solution based on the UN declaration, the Truth and Reconciliation Commission's calls to action, and treaties. He shared an example of a Cree nation that created a treaty-based constitution and citizenship law, and submitted a letter from the UN Permanent Forum supporting the immediate adoption of Bill S-2.
Ingrid Green, from the Ontario Native Women's Association, linked sex discrimination in the Indian Act to high rates of violence against Indigenous women, including the MMIWG2S+ crisis. She called for the removal of the second generation cut-off and a return to a one-parent rule, and stressed that first nations must be financially supported to welcome back those displaced by forced assimilation.
The committee also discussed a motion to undertake a yearly review of the UN Permanent Forum on Indigenous Issues report, which was noted as having unanimous consent.
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