B.C. court invalidates rule that stripped Indigenous status from the enfranchised

A B.C. court has invalidated parts of the Indian Act that prevent people whose ancestors lost First Nations status from gaining recognized status themselves.

The decision by the B.C. Supreme Court, made on Aug. 19, finds this practice violates the rights of individuals under the Charter of Rights and Freedoms. The Canadian government agreed the practice is a violation, but fought for a delay so legislation could be enacted to make the change before the court decision had effect.

The case deals with issues stemming from the practice of "enfranchisement," which was used in Canada up until 1985 as a method for assimilation, sometimes forced, of Indigenous people.

Enfranchised people lost their Indian Act status (up to 1951, their band list status) if they accepted Canadian citizenship. Thi