Annex A: Minister’s Special Representative final report on the collaborative process on Indian registration, band membership and First Nation citizenship

The following is a complete list of the recommendations the Minister's Special Representative, Claudette Dumont-Smith, made in her final report on the collaborative process on Indian registration, band membership and First Nation citizenship. A full copy of Ms. Dumont-Smith's report will be available online in the coming days. If you would like a copy of the report, please contact us at aadnc.fncitizenship-citoyennetepn.aandc@canada.ca.

On this page:

Theme 1: Impacts of the removal of the 1951 cut-off from the Indian Act

Recommendations: 1951 cut-off

1.1 The 1951 cut-off date be removed through an Order-in-Council by June 2019.

1.2 That Indian women and her descendants from 1869 onwards obtain an equal status and category of membership as those of Indian men and their descendants. Once the delayed amendments of Bill S-3 are enforced, this recommendation will be addressed.

1.3 That the Government of Canada provide funding to communities to carry out information sessions with community members on the 1951 cut-off and future legislative reform.

1.4 That the government provide the necessary funds to increase the administrative financial and human resources capacity to effectively manage the removal of the 1951 cut-off at the community and national levels.

1.5 That the government change current funding formulas for federally-funding programs, as noted above, available to First Nations to meet the increased need for services to Indian women and her descendants in a timely manner.

1.6 That the government make immediate adjustments to the Additions to Reserve requests and respond in a more efficient and timely manner upon implementation of the removal of the 1951 cut-off.

Theme 2: Remaining inequities related to registration and membership under the Indian Act

Recommendations: Second generation cut-off

2.1 First Nations, in collaboration with the government, urgently raise the awareness of this issue and its impact on First Nation communities.

2.2 A separate and more in-depth consultation process begin to develop solutions to address this inequity and in removing the second generation cut-off.

Recommendations: Enfranchisement

2.3 The government must provide the names of all persons who have been enfranchised as far back as 1876 to their community of origin so that they can trace the lineage of their descendants for re-instatement.

2.4 All persons who are currently categorized as 6(2) as a result the enfranchisement process should be re-instated as a 6(1).

Recommendations: Categories in Indian registration

2.5 That the government address the ongoing discrimination of Indian women and her descendants resulting from the 6(1)(c) category of the Indian Act and amend the women's category from 6(1)(c) to 6(1)(a) status by June 2019.

Recommendations: Unknown or unstated paternity

Enacted with Bill S-3 (December 12, 2017).

Recommendations: Cross-border issues

2.6 Regardless of country of citizenship of the Indian parents, children born of Indian and Native American Indian citizens be classified as 6(1) Canada.

2.7 Children born of Indian and Native American Indians should be given dual citizenship at birth.

Recommendations: Adoption

2.8 The government must assist First Nations in identifying those who were adopted out by providing access to adoption lists/records in respect of privacy laws.

2.9 The government must raise this issue at the federal/provincial/territorial roundtables to develop strategies to give First Nations access to provincial/territorial closed adoption lists/records where those exist.

2.10 The government must recognize and grant Indian status and Canadian citizenship to children who were adopted out in other countries.

2.11 First Nation communities should be given the authority to determine if adopted children can become registered as Indians of their band.

Recommendations: Children of same-sex parents

2.12 The government must make adjustments to the current registration form to allow the names of same-sex couples as parents of the children.

Recommendations: Deregistration

2.13 A provision should be included in the Indian Act allowing individuals to deregister as a status Indian.

2.14 Descendants of individuals who deregister would not have their names removed from the Indian Act when this provision is added.

2.15 Persons who wish to identify as Métis should be permitted to deregister upon request.

Recommendations: Non-cisgender identities

2.16 The registration to Indian status and status cards must include a non-binary option to reflect that choice.

First Nations exclusive responsibility for determining membership and citizenship (moving beyond the Indian Act)

Recommendations: First Nations exclusive responsibility for determining membership and citizenship (moving beyond the Indian Act)

3.1 The government and First Nations work collaboratively to begin the process of transferring the exclusive responsibility for determining membership and citizenship to First Nations.

3.2 The government provide the necessary funding to First Nations to do the necessary groundwork to carry out research, develop membership codes, protocols and criteria to develop plans based on their beliefs, traditions and customs.

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