OTTAWA — Senators have approved significant amendments to a bill aimed at simplifying the transfer of First Nations status across generations. This decision comes despite the federal government’s recommendation to narrow the bill's focus. Bill S-2, which has the backing of the Liberal government, seeks to address gender inequities in the Indian Act and potentially make around 6,000 individuals eligible for First Nations status.
The amendments eliminate the so-called "second-generation cutoff," replacing it with a one-parent rule. This change allows First Nations status to be passed to a child if at least one parent is enrolled. The previous cutoff, established by a 1985 amendment to the Indian Act, barred individuals from registering for status if both a parent and grandparent lacked it. Many First Nations leaders have expressed concern that this cutoff could lead to communities losing federally recognized members in future generations, undermining their rights as distinct peoples.
Senator Paul Prosper, who proposed the amendments, emphasized the importance of these changes. "I have listened carefully to the rich testimony from academics, community leaders, youth and First Nations grassroots. I’ve listened to the many chiefs across this country who have signed resolutions, testified and written letters," he stated. He highlighted the unanimous call for these amendments from Nova Scotia chiefs and the Mi’kmaw Grand Council, asserting, "the time to end the second-generation cutoff is now."
The bill still requires approval from the House of Commons before becoming law. Mi’kmaw Liberal MP Jaime Battiste, who serves on the House of Commons committee on Indigenous issues, cautioned against the changes made by the Senate. He stressed the need for proper consultations with First Nations before proceeding. “It’s not something that we should rush into and put an amendment (in) that potentially impacts generations of First Nations status Indians,” Battiste said. He reiterated that discussions should occur in the House of Commons, emphasizing the importance of securing support from the First Nations community.
The majority of chiefs, tribal council leaders, and advocacy groups who testified before the Senate committee studying Bill S-2 supported the removal of the second-generation cutoff. Indigenous Services Minister Mandy Gull-Masty acknowledged the significance of this issue, describing it as "critical and deeply personal". She stated that her government is collaborating closely with First Nations and that consultations will continue into the new year.
Following the Senate's amendments, some First Nations expressed uncertainty regarding changes to their enrollment policies. The Miawpukek Mi'kamawey Mawi'omi, also known as Miawpukek First Nation, reassured its members via social media that there are no new eligibility requirements in the law. They described the amendments as a positive step forward for their membership and thanked members for their patience during the process.

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