UN committee calls on Canada to eliminate Indian Act's 2nd generation cut-off

Despite amendments to the Indian Act, gender-based discrimination against First Nations women and girls continues in Canada, according to the conclusions of a United Nations committee.

The UN Committee on the Elimination of Discrimination against Women issued the findings of its review on Canada Oct. 29. Canada was among eight countries under review during the committee's latest session Oct. 1-25 in Geneva.

Among its recommendations is for Canada to overhaul the Indian Act to remove discrimination against women and their descendants.

"It's good to have this UN light shone on Canada so we can continue to make those amendments and remove those barriers against our people," said Elected Chief Marilyn Slett of the Heiltsuk Nation in B.C.

Slett sits on the Indian Act Sex Discrimination Working Group, an advocacy body of organizations and experts from across Canada, and is secretary-treasurer at the Union of British Columbia Indian Chiefs.

She was among a delegation in Geneva last month to address the committee. 

The committee monitors countries' compliance with the Convention on the Elimination of All Forms of Discrimination against Women. Canada ratified the Convention in 1981.

In its conclusions, the committee called for Canada to eliminate the Indian Act's second generation cut-off (where after two generations of 'out-parenting,' Indian status cannot be transmitted to a child) and rules requiring there be two parents with status to transmit status to a child, and to remove other legal provisions that do not recognize the equal right of women and men to hold status or transmit their status.

"It's a real harm to our people," said Slett.

"Unless we're there to have our voices heard, these inequities will continue. We need to press forward. We need to hold them accountable."

Speed up action on MMIWG, says committee

The committee commended the publication of the final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls but urged Canada to "speed up" the implementation of the report's Calls for Justice, particularly the ones that call for the federal government to develop, implement and monitor a national action plan, and establish a national Indigenous and human rights ombudsperson.

The Ontario Native Women's Association, which is also a part of the Indian Act Sex Discrimination Working Group, said it supports the committee's recommendations, including those addressing the MMIWG crisis and call for core funding for Indigenous women's organizations.

"Indigenous women are still not safe and our inherent rights continue to be violated," said Cora McGuire-Cyrette, CEO of the Ontario Native Women's Association, in a statement.

"The effective, and timely, implementation of the CEDAW Committee's recommendations is critical — what we need now is not just plans, but immediate action."

Indian Act reform ongoing

In an emailed statement, the federal government said it welcomed the committee's findings. 

In December 2022, the government tabled Bill C-38 in the House of Commons to address four issues in the Indian Act: enfranchisement, individual deregistration, natal band membership and removal of outdated and offensive language related to dependent persons in the Indian Act. It is awaiting a second reading.

Eric Head, a spokesperson for Indigenous Services Canada, said consultation on broader issues related to registration and First Nations membership under the Indian Act, including the second generation cut-off, is expected to launch in late 2024.

"Eliminating remaining inequities from the Indian Act is ongoing and requires time and sustained effort," said Head.

"Canada is focused on remedies to colonial practices by advancing Bill C-38 and consulting on remaining inequities in partnership with First Nations and parliamentarians."