Bill C-3 (Historical)

Gender Equity in Indian Registration Act

An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs)

This enactment provides a new entitlement to Indian registration in response to the decision in McIvor v. Canada (Registrar of Indian and Northern Affairs) that was issued by the Court of Appeal for British Columbia on April 6, 2009.

Indian Act

[Jamie Schmale, Conservative, Haliburton—Kawartha Lakes, ON]

Mr. Speaker, it is a pleasure, as always, to rise to speak in the House. Today, it is on Bill S-2, an act to amend the Indian Act, legislation that would make an important step toward correcting long-standing discrimination in the registration provisions of the Indian Act.

Before I get into the meat of my speech, I would like to thank and congratulate my colleague, the member for Edmonton Northwest, on his inspiring words today. He gave a great speech, and he provides great leadership in our caucus on many issues, including the indigenous file. It is a pleasure to work with him and many others as we move forward.

At its heart, Bill S-2 is about justice. It is about equality. It is about ensuring that first nations families are no longer divided by outdated rules that have no place in a modern, charter-compliant Canada.

It is important to note that Bill S-2 has two main parts. The first deals with enfranchisement. In the past, first nations women have been less able than first nations men to pass on their status to their children and grandchildren. That has meant that families have been separated, unfortunately, by bureaucracy. It has meant that parents are unable to pass on their identity, their rights, their homes and their traditions.

The bill would also work to correct wrongs in terms of the people having to give up their status to avoid such things as fighting for Canada in a conflict or avoiding the horrors that Canada has inflicted, such as the sixties scoop, among many, many others. It would move us toward a simple and fair principle, that first nations women and men have the same ability to pass on their status to their children. Conservatives supported that main piece of legislation in a previous Parliament, and we still support it to this day.

As for the second part, there are the amendments made in the Senate, which talk about eliminating the second-generation cut-off, because quality under the law is not negotiable. We have heard from many first nations families that have spent years and even decades navigating complex registration rules and that feel their line is coming to an end, not because of their choices but because of a technical formula imposed by the government.

The second-generation cut-off was introduced in 1985 through Bill C-31. It applied only to people born after April of that year, but over time, its effect has been clear. It does not simply manage registration; it also legislates the gradual disappearance of status Indians. Some have called this an administrative policy, but for families facing the end of their legal identity, it is not administrative; it is existential.

Bill S-2 is not a one-drop rule. It would not open the door to distant or speculative claims. It would apply to the children and grandchildren of current status holders, people whose connection to their community is real, recent and meaningful. Removing the cut-off would also allow families to pass on homes on reserve, family businesses and traditional rights. It would allow parents to pass on not only legal recognition but also culture, language and livelihood. This is about survival, not expansion.

The bill would also align the transmission of first nation status with a principle that Canadians already understand. In Canada, citizenship is passed on through one parent. Inuit and Métis recognition follows a similar logic. The one-parent rule reflects how identity is carried forward in families. Bill S-2 would restore that same principle for first nations, fairly and equally for both men and women. It would go beyond what the courts have required.

The Nicholas decision addressed only individuals who enfranchised personally. Bill S-2 and its predecessor extend fairness to people whose entire bands were enfranchised, ensuring that no community is left behind. Let us also remember what enfranchisement meant. First nations people were forced to give up their status simply to vote, to own property or to access basic rights. Today we are still repairing the consequences of those policies.

Some people have raised concerns about numbers and costs, so let us look at the facts. Stats Canada estimates that between 200,000 and 320,000 people may become entitled over the next forty years. That is roughly 5,000 to 7,500 people per year after the initial phase. Spread across more than 630 first nations, that is about a dozen people per community per year. This is not a flood. It is a gradual and manageable restoration of rights.

We also know from previous legislation that the projected uptake is rarely reached. Past reforms saw far fewer registrations than were expected. In some cases, fewer than 12% of eligible individuals actually registered. Most new registrants will live in urban areas and continue their existing lives. The Parliamentary Budget Officer previously found that virtually none moved onto reserve after earlier reforms.

The estimated cost is about $2,000 per registrant per year, which would represent only about 2.5% of the operating budget of Indigenous Services Canada over time. To put this into perspective, Canada welcomes more than 300,000 newcomers each year, and records hundreds of thousands of births annually. Compared to that, the number of new registrants under Bill S-2 would be modest. Most importantly, cost cannot be used to justify denying charter equality rights.

There are no misconceptions about tax advantages and benefits. The reality is that tax exemptions apply largely on reserve and are rooted in pre-Confederation protections to preserve first nations' economic capacity. Income tax exemptions apply only to the people who live and work on reserve. Many commonly cited benefits are limited or do not apply in urban settings. This legislation is not about special treatment. It is about equal treatment.

Others have raised concerns about fishing rights or community resources, but food, social and ceremonial fisheries are collective rights administered by first nations governments. The modest increase in membership expected under the bill would not create sudden or disruptive changes. What would be disruptive would be allowing the current rules to continue, because if the second-generation cut-off remains, the long-term outcome is clear: fewer and fewer status Indians in each generation. In some regions, legal status could disappear entirely within decades. This is not reconciliation. This is legislated extinction.

This legislation also reflects the long tradition of expanding rights in Canada. Conservative governments have supported major equality measures, including the restoration of status through Bill C-31 and Bill C-3, the extension of voting rights to first nations peoples in 1960, the Canadian Bill of Rights, the Employment Equity Act and the Canadian Multiculturalism Act. Time and again when Canada has faced a choice between maintaining outdated systems and improving equality and expanding it, we have chosen to expand and improve equality. Bill S-2, of course, would continue that tradition.

There is also a practical consideration. Passing the legislation would now keeps the Indian Act compliant with the charter and reduce the need for ongoing litigation. Instead of waiting to be taken to court again and again, Parliament could now act proactively to fix discrimination where it exists.

The proposed one-year implementation period, I and many on this side believe, is reasonable. It would allow Indigenous Services Canada to address technical issues and improve processing capacity, including reducing the current backlog of more than 12,000 applications.

At the same time, we support first nations' authority to develop and manage their own membership codes. Status under the Indian Act and band membership are distinct, and communities must retain the ability to define their own belonging.

At its core, Bill S-2 is not about numbers, budgets or administrative systems. It is about families. It is about a mother who is unable to pass along the status to her child. It is about an angler who cannot take their child onto the boat because that child lacks status. It is about grandparents who fear their legal identity would end with the next generation. For those families, the legislation matters deeply and is the difference between disappearance and continuity.

Status Indians represent less than 5% of Canada's total population, but equality is not determined by numbers. Rights are not reserved for majorities. Justice does not depend on scale. If we believe in reconciliation and in equality between men and women, and if we believe that first nations identity should not be legislated out of existence, then the path forward is clear.

Bill S-2 would restore fairness, strengthen families, align the law with the charter and help to ensure that first nations identity can be carried forward to future generations. I urge all members of the House to support it and take this important step toward justice, equality and reconciliation.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, I would like to thank the minister for sharing her time with me on this important bill, Bill S-2, to amend the Indian Act.

Bill C-38, from the last Parliament, was a bill that I could not support at the time because of the inequities that first nations would continue to have. However, the NDP supports the Senate amendments to Bill S-2 and hopes that the bill will pass quickly. It is about time to finally make sure that first nations women and children get the justice they deserve.

I thank the Indian Act Sex Discrimination Working Group for its tireless work and advocacy. Its members are role models of what it means to never give up. The working group consists of Sharon McIvor, Jeannette Corbiere Lavell, Cora McGuire-Cyrette, Marjolaine Étienne, Chief Judy Wilson, Dr. Pamela Palmater, Dawn Lavell-Harvard, Dr. Gwen Brodsky, Mary Eberts and Shelagh Day. In their work, they remind us of the National Inquiry into Missing and Murdered Indigenous Women and Girls report in 2019, where the call for justice 1.2(v) calls on Canada to eliminate gender discrimination in the Indian Act.

It is clear that the Liberal agenda is to delay the passage of Bill S-2 and the Senate amendments by using the need to consult on the “how” and the “range of potential pathways” that need to be consulted on, which I heard during the indigenous and northern affairs committee meeting in February when Lori Doran, director general, individual affairs, Department of Indigenous Services, appeared.

Some of the work that has occurred to fix the discrimination in the Indian Act includes but is not limited to the following: First, Bill C-38 was tabled in the 44th Parliament. Second, Indigenous Services Canada, in 2023, reported that it was beginning a co-development consultation process to address the second-generation cut-off.

Third, the Assembly of First Nations provided a brief in 2020 that said, “Enfranchisement had an impact on all subsequent generations of people. It did not matter if an individual was voluntarily, or involuntarily enfranchised—subsequent generations could not appear on band lists or on the Indian register as status Indians.”

Fourth was Nicholas v. Canada in 2011, which required the tabling of Bill C-38. Fifth was Bill S-3's final report to Parliament in December 2020. Sixth were the amendments to the Indian Act, including Bill C-31 in 1985, Bill C-3 in 2010 and Bill S-3 in 2017. I remind Parliament that these amendments, like Bill C-38, were only in response to court cases against the federal government.

I am struck by the stark contrast of pace the Liberal government chooses to make, depending on whether it respects indigenous peoples rights. Very clearly, we see the contrast in how the Liberal government fast-tracked Bill C-5, the One Canadian Economy Act. Bill C-5 became enshrined in Canadian law in record time. It received royal assent on June 26, 2025, only one year and two months after the election.

First nations, Métis and Inuit all called for the federal government to slow down to give indigenous peoples time to understand the potential impact of Bill C-5. The Liberals ignored these calls and used House procedures to ensure a quick passage. They violated the rights of indigenous peoples as required under the United Nations Declaration on the Rights of Indigenous Peoples. They did not receive the free, prior and informed consent of indigenous peoples.

Now, in Bill S-2, the Liberals want to do consultations on how to remedy this issue, stating that there is a “range of potential pathways”. All of a sudden, they worry about whether Bill S-2 would be charter-compliant. The Assembly of First Nations supports Bill S-2. In fact, it calls upon the federal government to “immediately and without delay end any and all sex- and race-based discrimination in the Indian Act” in its December 2025 motion in response to Bill S-2.

The delay tactics are so clear to indigenous peoples that we have responses like the one from the Union of British Columbia Indian Chiefs, who stated that they will not participate in the consultations on the second-generation cut-off. They explained, “The consultation process is a clear conflation of status, membership, citizenship, and self-government, which are all separate legal issues”.

The Chiefs of Ontario support amendments that, as stated in the media, “aim to address its longstanding inequities and remove discriminatory language that should never have existed.” They further call on the federal government to “work directly with First Nations to create a framework that allows them to fully control their own membership, free from restrictive federal oversight, with decisions recognized as authoritative for all purposes.”

Instead, the Liberals are opting to consult on how to remedy the issue of the second-generation cut-off. They have stated their so-called concerns about the huge increase of potential members that would happen if Bill S-2 passed.

A leading expert, Dr. Pam Palmater, stated at the indigenous and northern affairs committee that:

There have been no [less] than 10 Supreme Court of Canada cases that said you can't use consultation as a delay. You can't use financial costs by the federal government. None of these excuses are at play.

They also say that you cannot use an incremental approach to get rid of section 15 discrimination, and that's exactly what this is.

Why are they doing it? Well, it's unjust enrichment on Canada's part, because the longer they delay making these amendments, the less money they have to spend on people who should rightfully be included, and then they insulate themselves from liability with non-liability clauses, and that's wrong.

The other thing that I think is really important to remember is that millions of people aren't going to be added. In fact, the estimates are 7,500 people a year, divided over 630 first nations. We all know that with every single amendment, millions were never added. It was 130,000 for Bill C-31, 38,000 for Bill C-3, and Bill S-3 is 88,000 so far, divided among 630 first nations.

The Government of Canada can make substantial changes to the Indian Act to end discrimination, but it has chosen to hide behind future consultations and small legislative steps to say it is making progress.

The NDP calls upon the Liberals to end their delay tactics. I call on them to use the same pace they used in Bill C-5 to expedite the passage of this bill and ensure that discussions with first nations achieve their inherent jurisdiction over citizenship and membership.

[Lori Idlout, NDP, Nunavut, NU]

Uqaqtittiji, before the Indian Act, first nations, Métis and Inuit thrived and passed on intergenerational love from generation to generation. The Indian Act is an attempt to erase indigenous peoples from the lands we now call Canada.

Bill C-38 is about status. It could have been about addressing discrimination to the fullest extent. I struggle to support Bill C-38, an act to amend the Indian Act. I am conflicted and disappointed to witness yet another form of incremental change proposed by the Liberal government.

As the Indian Act Sex Discrimination Working Group have clearly stated, the United Nations Declaration on the Rights of Indigenous Peoples says indigenous peoples have “the right not to be subjected to forced assimilation or destruction of their culture”. This bill does not meet this minimum standard. For decades, first nations have fought for their rights to be upheld. If Bill C-38 is passed as it is, discrimination against first nations women and their families will continue.

There are two reasons I support getting this bill to committee. Number one, while experts say it does not go far enough, this bill is needed, and number two, the failings of this bill to respect the rights of indigenous peoples will show, through public discourse at committee stage, that amendments are necessary.

Bill C-38 was tabled because of a court case, Nicholas v. Canada. It is not because the government is taking a proactive, co-operative approach to reconciliation. Introducing this bill is the minimum requirement set out in that case. After years of discrimination caused by enfranchisement in the Indian Act, 16 courageous plaintiffs sued the Canadian government in June 2021. They agreed to pause proceedings on the condition that legislation be introduced to address this inequity.

The Liberals' commitment to reconciliation with indigenous peoples is abysmal. If their commitment was real, Bill C-38 would be fulsome. It would have addressed all discriminatory provisions of the Indian Act. Incremental changes are not sufficient to ensure the advancement of indigenous peoples' rights.

I acknowledge that the Indian Act must be abolished. It is a complicated assimilative tool going back generations. The Liberal government has shown that it is not ready to abolish the act. Bill C-38, like previous court cases, makes amendments that are narrow in scope. Future court cases will be imminent if amendments are not made to this bill. Discrimination will be allowed to continue without the ability to seek reparations.

The Liberal government has shown that it is not ready to undertake the full-scale reconciliation needed to adhere to international law as the governing party. The following background will be the tip of an iceberg. All parliamentarians must commit to learning more about the Indian Act and how it continues to implement the genocide of indigenous peoples.

The Indian Act was established in 1867. John A. Macdonald understood the strength of first nations, Inuit and Métis as a threat to his causes. He had to find a way to weaken them. The Indian Act was the tool to continue the process of genocide against the first peoples who thrived on the lands we now call Canada. The Indian Act is a long-ago piece of legislation that was introduced in 1867. The act remains today.

Since its inception, the Indian Act has continued to deny equality for first nations. The Indian Act allows discrimination without justification. The Indian Act denies women status and therefore rights by gaining status. The Indian Act introduced residential schools, created reserves and imposed a band council system. The Indian Act also tells first nations who can have status and who cannot.

Before the creation of bands by this act, indigenous peoples had their own forms of governance. I am thankful for the strength of those who maintained their governance. I am thankful to Inuit elders. I am thankful to hereditary chiefs. I am thankful to the Wet'suwet'en. I am thankful to the Saysewahum family and the many others who keep indigenous legal orders alive.

The Canadian government has known about sex-based inequities in the Indian Act for decades. Bill C-31 in 1985, Bill C-3 in 2011 and Bill S-3 in 2017 have attempted to eliminate sex-based inequities. None of these bills worked to the fullest extent; what they did was complicate indigenous identity for some and not for others.

The Indian Act continues to divide indigenous peoples against each other. With each amendment, the Indian Act becomes more complex and confusing to navigate for indigenous peoples. Indeed, I am told by many how confusing it is to know if they have status, how to get status and if their children will be able to get it. They ask, “What are the implications of being removed?”

It is a shame that in 2020, the Minister of Indigenous Services tabled one of three reports after Bill S-3 to amend the Indian Act was passed. The final report made recommendations that are not being addressed in Bill C-38 by the Minister of Indigenous Services today.

As of 2020, there were over 12,000 applications for status still needing review. The special Bill S-3 processing units created in 2016, as of February 2023, have 1,770 files in progress and 3,990 files in the queue. The bill before us would do nothing to address this backlog. First nations are waiting up to 18 months for a decision by Indigenous Services Canada. This is unacceptable.

Bill C-38 would address enfranchisement, deregistration, loss of natal band membership and certain offensive language. These are long-awaited amendments that indigenous peoples have demanded for decades.

Enfranchisement is a particular genocidal policy and a clear example of Canada's attempts to assimilate indigenous peoples. Enfranchisement was either voluntary or involuntary. Women were enfranchised when they married a non-indigenous man between the years of 1869 and 1985. Other examples of enfranchisement included going to university, becoming a doctor or lawyer, working as a minister, seeking to vote and if one sought freedom from residential schools. Amendments introduced in 1985 attempted to remove enfranchisement. Obviously this did not work.

Bill C-38 would still discriminate against women and children who were involuntarily enfranchised. Descendants are unable to transmit entitlement to registration to the same extent as families that were never enfranchised. Those who were enfranchised as a band or collective have no entitlement to register under the Indian Act today.

I will now turn to deregistration, which provides for removing status from membership. There can be any number of reasons to deregister. These provisions would keep the safety of not impacting the children of those who may have deregistered.

The third component of Bill C-38 is on natal band membership. Bill C-38 would provide a legal mechanism to re-affiliate women to their natal bands. This amendment would serve to allow for membership to be reinstated on a band list based on specific conditions. It would address reinstatement of membership for a group of individuals who were originally prevented from being reinstated based on oversight.

Finally, the bill would amend outdated language, which is a small but important step. The offensive language regarding first nations peoples who require dependency on others would be amended. The offending definition of “mentally incompetent Indian” would be replaced with “dependent person”.

Bill C-38 would address these cases, and it is estimated it would impact around 4,000 people. Many more would remain discriminated against.

The Liberals had a chance to remove discrimination from the Indian Act once and for all. Bill C-15, on the United Nations Declaration on the Rights of Indigenous Peoples, became law in Canada. The Liberals had a chance to introduce that bill so that it would be in alignment with international law. Instead, they are introducing more piecemeal legislation. The past court challenges, Descheneaux v. Canada, McIvor v. Canada, and Matson v. Canada, make it clear. The Senate committee on aboriginal peoples makes it clear. The Indian Act Sex Discrimination Working Group makes it clear. So many more make it clear. The Liberal government's pattern of reluctant piecemeal changes in response to litigation is unjust.

There is no justification for Canada to ignore, and indeed infringe on, indigenous people's rights. Parliaments would debate again after the passage of Bill C-38 why it is not okay to keep disrespecting indigenous peoples and infringing on their rights.

Two other major issues not addressed are the second-generation cut-off and the ability to seek reparations. The second-generation cut-off in section 6(2) is not addressed in Bill C-38. This is shocking, given how much attention has been paid to this section in past works. In its Bill S-3 review, the ministry of Indigenous Services Canada reported on it. The Indian Act Sex Discrimination Working Group in its works reported on it. The Senate committee on indigenous peoples reported on it. They all recommended to remove provisions related to the second-generation cut-off.

If bands reject second-generation cut-off, it is because they are not being properly resourced by Indigenous Services Canada to meet the needs of their increasing membership.

Section 6(2) is sexist, and it is problematic. Who a child's mother is, is usually readily apparent. Who the father is, is not always apparent. Whether the father acknowledges his paternity, and this can be counted as the second-status parent for purposes of eligibility for status, is essentially his decision. The two-parent rule continues Canada's program of forced assimilation. Maintenance of the two-parent rule would fulfill the genocidal intention of the Indian Act, getting rid of “the Indian problem”.

Until this rule is amended, hundreds of thousands of indigenous people, mostly women and their descendants, will be discriminated against.

First nations children were robbed of their mothers. First nations children continue to be robbed of their mothers. The current child welfare system continues to separate indigenous peoples from each other. The Liberals say they will consult on second-generation cut-off. Consultation should not be necessary. Discrimination is discrimination. No amount of consultation will result in the justification of it. The government must interpret the rule of law as adhering to international human rights laws and the charter.

We are told by the Liberals that the public portion of this consultation will not begin until 2024. It will be much longer before legislation is drafted and presented before the House again. This tactic to delay is a denial of the rights of indigenous peoples. We should not have to wait for discriminatory provisions to be removed. There is no justification for discrimination to be allowed to continue.

Another form of oppression is preventing indigenous peoples from seeking reparations. Bill C-38 includes specific clauses that will not allow victims of these policies to seek reparation for the discrimination they have experienced. First nations women and children will continue to be harmed, yet they will not be able to seek reparations, even if discrimination is found.

In past bills, there were related provisions legislating that governments are not liable for harms done under the act. Persons are prevented from seeking claims against the government for discrimination caused by the implementation of the Indian Act.

These injustices remain in Bill C-38. According to human rights laws, Canadians are allowed to seek reparations. Why can first nations not do so?

Bill C-38 is a flawed proposal. While it addresses some injustices in the Indian Act, discrimination against first nations would continue. Bill C-38 continues the Liberal incremental approach to reconciliation.

The Liberals' interpretation of Nicholas v. Canada is about status. Bill C-38 must not just be about status; it must be about addressing discrimination and violations of basic human rights. It must be about reconciliation.

I ask this again: Why is it that when Canadians experience human rights violations, they are allowed to seek reparations, when first nations are not?

I hope that Bill C-38 can be salvaged. I hope that, at committee, we hear from experts explaining why improvements must be sought to ensure that first nations' rights are on par with Canadian human rights.

[Simon-Pierre Savard-Tremblay, Bloc, Saint-Hyacinthe—Bagot, QC]

Mr. Speaker, I am pleased to rise today to speak to Bill C‑38, an act to amend the Indian Act, which corrects serious mistakes committed in the past regarding the status of many first nations members.

Today, I speak on behalf of the Bloc Québécois, but also as a member of the Huron‑Wendat Nation. First, let me say one thing: The Indian Act is a colonial law that introduced a system of domination and ghettoization. Its very name is just as racist as the N-word can be. I cringe whenever I see the word “Indian” on my status card. Cosmetic or vocabulary changes do nothing to fix the fact that this is a law on ghettos. This law was put in place by a conqueror in order to park people on reserves. It is a throwback to British colonialism and a culture that became woven into English Canadian colonialism. The Indian Act must be abolished and replaced by a new, respectful regime founded on a dialogue between nations. International relations begin at home.

Be that as it may, although it merely amends the scandalous Indian Act, the bill before us today remains incredibly relevant. The spirit of Bill C‑38 stands as a sentinel against the injustices perpetrated by the Indian Act, which continues to cast long shadows, even into present-day Canada. It courageously tackles the evils that continue to impede deregistration, enfranchisement and reaffiliation with the natal band, despite multiple attempts at amendment. This noble bill embodies a common quest and a never-ending conversation with the indigenous nations that stretch across our vast land. No fewer than 50 virtual sessions, held from August to December 2022, enabled first nations, indigenous organizations and all those concerned to engage in dialogue and express themselves.

The government anticipates that close to 3,500 individuals will be granted the right to registration as a result of these legislative amendments, thus opening a door towards the righting of many historical wrongs. This bill, like a small breath of fresh air, offers thousands of Canadians of indigenous lineage the chance to reconnect with their cultural heritage. It gives them access to the rights rooted in Indian status in Canada, but goes far beyond that, by allowing them to fully reclaim their identity.

It is worth recalling that prior to 1985, enfranchisement was a sinister assimilation policy under the Indian Act. Under this vile legislation, first nations individuals lost their entitlement to registration as well as membership in their home communities. Enfranchisement could be voluntary, but the government could also impose enfranchisement on individuals, either by virtue of their profession or because they had been residing outside of Canada for five years. When men were enfranchised, their wives and children were automatically enfranchised. This led to entire families and their descendants losing entitlement to registration, membership in their communities, and any associated benefits under the Indian Act.

In 1985, Bill C‑31 created new categories under section 6 of the act for determining eligibility for registration, which restored access to registration for a large number of people and their first-generation descendants. As part of these changes, the emancipation process was eliminated from the act, and people who had already been voluntarily or involuntarily emancipated could request that their registration be restored. Although the provisions of the Indian Act regarding registration and membership were amended in 2011 through Bill C‑3 on gender equity in Indian registration and in 2017 through the passage of Bill S‑3, An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général), these legislative reforms focused mainly on eliminating gender inequities in the registration process.

However, other injustices rooted in the grim past of emancipation are insidiously persistent. The descendants of those who were at one time subject to emancipation are still unable to pass on their right to registration in the same way as those who were not affected by this measure. Similarly, those who were subject to emancipation as a member of a band or community continue to be excluded from registration today.

The introduction of Bill C-38 offers the promise of better days ahead. After it is passed, many people will be in a different registration category and others will be newly eligible for registration. What is more, if the problems of individual and collective enfranchisement are resolved, nearly 3,500 people will be given the invaluable access to registration.

Right now, the Indian Act does not provide for the possibility of voluntary deregistration at the specific request of the interested parties. However, thanks to the proposed amendments, it will be possible for a person to have their name removed from the Indian register for various reasons, such as wanting to join indigenous tribes in the U.S. that do not allow those registered under the Indian Act to enrol; wanting to identify as Métis; deciding to no longer be recognized on the federal Indian register; or withdrawing consent to be registered as an adult, for those whose parents registered them as children.

Mercifully, Bill C‑38 will guarantee that, when a person has their name removed from the register, they will still legally retain their entitlement to be registered under the Indian Act, the right to be registered again in the future, and the right to transmit this precious birthright to their descendants.

For some individuals, deregistration is vital because it is a matter of having control over their own identity. For others, it is a barrier to gaining membership in other indigenous groups, like Métis, if they have mixed ancestry. This has long hindered many people from accessing important services and benefits they should be entitled to through a group they wish to identify with.

For example, Métis lose their right to Métis membership if they are registered under the Indian Act. Bill C‑38 will provide individuals with the right and ability to have their names removed from the Indian register. Once deregistered, the individual will not have the right to access any programs, services, settlements or benefits associated with Indian Act registration. Even if the individual later seeks to be re-registered, that individual will have no retroactive claim to any such benefits for the period in which they were deregistered. However, any individual who opts to deregister will retain their entitlement to registration under the Indian Act, including the ability to regain their status in the future.

When a woman who is registered under the Indian Act is a member of the band that she was born into, in other words, either the mother's or father's band, this is referred to as being a member of her natal band. If passed, Bill C‑38 would recognize the acquired rights of all first nations to membership with their natal band. This bill would provide a legal framework to re-affiliate women and their descendants to their natal bands who were automatically moved to their husbands' band list upon marriage. Bill C‑38 provides a valuable opportunity to re-establish important cultural and community connections for first nations women and their families.

Since this bill is intended as a response to historical wrongs perpetrated by Ottawa and its racist, sexist legislation that discriminates against indigenous people, it is imperative to remain vigilant to ensure that this bill does not itself become an indirect instrument of assimilation and cultural erasure of indigenous people by allowing overly broad access to their recognized Indian status for those unfamiliar with indigenous cultures.

Luckily, the limited yet still significant scope of individuals who will now be eligible does not seem to pose a threat of diluting indigenous identity, as once provided for in the Indian Act, along with ethnocide. The indigenous groups that the Bloc Québécois consulted did not seem consider that an imminent risk. However, we will remain watchful.

It is imperative that this bill be considered in its entirety, with careful attention paid to its consequences and impacts, to ensure that it truly rectifies past wrongs while respecting the rights and identity of indigenous peoples.

From the 19th century on, women and their descendants have been the victims of blatant gender discrimination when it comes to registration and band membership.

In 1869, with the passage of the Gradual Enfranchisement Act, the definition of “Indian” was no longer based on first nations kinship and community ties. The act was deliberately designed to remove families headed by a non-Indian man from first nations communities by building on the predominance of men over women and children. The 1869 law also included a provision concerning interracial marriages. Known as the “marrying out rule”, it was retained in the first Indian Act of 1876. This rule removed entitlement to registration from Indian women who married non-Indian men, while granting entitlement to non-Indian women who married Indian men. In addition, children of entitled men who married non-Indian women became entitled under the Indian Act, while children of women who “married out” were no longer entitled. This is clearly a flagrant inequality.

In 1951, important amendments were made to registration, namely, the creation of a centralized Indian register. Later, other amendments further reinforced the discrimination against women and their descendants, especially the double mother rule. Gender discrimination in the Indian Act was challenged under national and international human rights legislation, which brought to light the fact that women were excluded from first nations communities and were being deprived of the ability to retain their indigenous identity in the eyes of Canadian law.

For decades, indigenous women fought for their rights in court, challenging the patriarchal provisions of the Indian Act. In the 1960s and 1970s, women like Jeanette Lavell from the Wikwemikong nation, Yvonne Bedard from the Six Nations of the Grand River, elder and advocate Mary Two‑Axe Earley from the Kanien'kehà:ka nation, and Senator Sandra Lovelace Nicholas from the Malecite nation took legal action to fight the Indian Act's discrimination against women and their descendants. These courageous women paved the way to reform and justice and thus helped to advance the cause of indigenous women's rights and to fight the systemic injustice that has long marked the history of the Indian Act.

The chief commissioner of the National Inquiry into Missing and Murdered Indigenous Women and Girls, Marion Buller, said the following after tabling the more than 2000-page report:

Despite their different circumstances and backgrounds, all of the missing and murdered are connected by economic, social and political marginalization, racism, and misogyny woven into the fabric of Canadian society.

As much as indigenous communities need to rebuild, Quebeckers and Canadians need to become aware of the collective trauma experienced by these communities, understand it, and ensure that nothing this disgraceful ever happens again. Quebec Native Women had this to say:

[In the case of many of the missing or murdered women] [o]ne might claim that the person responsible for [their] death is the one who gave [them] the beating that led to [their] passing. In fact, this interpretation was favored by former Canadian Prime Minister Stephen Harper when he insisted on the criminal, as opposed to sociological, nature of the murders of Indigenous women in the country (La Presse Canadienne, 2014)...Beyond the single act of violence perpetrated by one person against another, it is the accumulation of each of the above-mentioned acts of violence that led to [their] death.

According to Viviane Michel, a former president of Quebec Native Women, it is essential that indigenous women, families and communities have the opportunity to be heard as part of any inquiry. She also said that understanding the deep roots underlying the systemic discrimination faced by indigenous women is crucial to ensuring their dignity and safety.

In listening to the testimony of indigenous women, Quebec Native Women counted four types of violence.

The first type of violence is structural violence. This all-encompassing form of violence refers to the systemic effects of policies of erasure and assimilation since at least the middle of the 19th century. The Indian Act is the quintessential example of a system that governs all areas of the lives of first nations people, including political, economic, social, legal and cultural.

The second type of violence is institutional violence. This second form of violence, which necessarily flows from the first, has more to do with the repercussions associated with specific institutional regimes, whether in education, health or public safety. The residential school system is a prime example. Not only did this violence manifest itself in the lives of residential school survivors, but its consequences have spanned generations and have permanently altered the life trajectories of thousands of children by insinuating themselves into every aspect of their existence.

The third type of violence is family violence. This expression is frequently used in an indigenous context to emphasize the fact that violence affects not only couples, but also the children and potentially other people connected to the family.

The fourth and final type of violence is personal violence, which includes instances of physical violence, psychological manipulation and financial control, to name but a few. It involves individuals.

In their descriptions of the encounters, the families and survivors who spoke to the National Inquiry into Missing and Murdered Indigenous Women and Girls all linked their experiences to colonialism, in its historical or modern form, through one or other of four main factors: historical, multigenerational or intergenerational trauma; social and economic marginalization; maintaining the status quo and institutional lack of will; ignoring the agency and expertise of indigenous women and girls.

The trauma of Canada's indigenous people is both individual and collective. Expert witness Amy Bombay's testimony at the child and family welfare hearing highlighted the importance of the concept of historical trauma to speak to what she called the cumulative emotional and psychological wounding that happens over the lifespan and across generations, emanating from massive group trauma experiences.

It is the response to this trauma that perpetuates this colonialist legacy, which has become embedded in all of Canada's indigenous cultures through no fault of their own. This response, which can take the form of various social problems, is always aimed at surviving this trauma. Throughout history, the Canadian government and the clergy planned the collective trauma with the ultimate goal of driving all indigenous communities to extinction. Those communities have since been left to deal with the consequences alone. One day, Canada will have to confront this reality.

We have a duty to remember precisely because the past determines our present and future. However, this duty to remember only makes sense in this case if we learn from the past. If we, like the Prime Minister of Canada, get used to shedding crocodile tears and settling for continuing under the Indian Act, then our collective duty to remember will be in vain. We need to build a new system, ideally an independent republic of Quebec, based on a new, respectful dialogue with all nations. That is what the Bloc Québécois is advocating for.

Tiawenhk.

[Kevin Waugh, Conservative, Saskatoon—Grasswood, SK]

Mr. Speaker, here we are again, at the 11th hour, attempting to send Bill S-3 back to the Senate for royal assent prior the December 22, 2017, deadline. I guess we would call this “flying by the seat of our pants” legislation. There is a court-imposed deadline, so the government is going to get it done regardless. We have talked about that in the House most of the day.

Bill S-3 was tabled in response to a Superior Court of Quebec decision, Descheneaux v. Canada, in 2015, and other clearly identified issues. The court found that several aspects of Indian registration under the Indian Act violate the Charter of Rights and Freedoms, because there were differences between how status was passed down from first nation women compared to first nation men. These provisions were struck down, and Parliament was given a limited time to pass an alternative. The new deadline to pass legislative changes, after two extensions, is next month, on December 22. The court has indicated that it has no interest at all, which we have talked about, in giving the Liberal government a third extension.

When Bill S-3 was first brought to the Senate about a year ago, in fact exactly a year ago this month, the government sought to remedy the situation by bringing it back to 1951. However, several independent senators proposed adding what is known as the “6(1)(a) all the way” approach. This amendment would have all Indians registered as 6(1)(a), with equal rights and entitlements regardless of matrilineal or patrilineal descendants, back to 1869. The government, though, rejected those proposals.

After rejecting them on June 21 this year, the Liberal government undertook behind-the-scenes consultations with senators over the summer months to seek consensus around an alternate proposal. The resulting proposed changes were tabled in the Senate earlier this month, on November 7, and would come into force in two stages. The first one we have talked about. The aspects of the bill passed by the House of Commons in June would come into effect by the court-imposed deadline of December 22. Second, newly added clauses, which would extend the proposed remedies for sex-based inequities in the Indian Act back to 1869, would not be enforced until after a consultation process with indigenous peoples on how to proceed. That is the million-dollar question. No date has been given as to when the process would begin or even conclude.

We have talked a lot about this bill, but let us talk about what the previous Conservative government did. It had a long history of supporting gender equity for first nation women. The Conservative government introduced the Family Homes on Reserves and Matrimonial Interests or Rights Act in 2013, which offers a balanced and effective solution to a long-standing injustice and legislative gap that affects people living on reserve, particularly women and children. As a result, many of the legal rights and remedies relating to matrimonial interests in the family home that are available off reserve, in the context of a relationship breakdown, death of a spouse or common-law partner, or family violence, are now available to individuals living on reserve.

The former Conservative government also reintroduced legislation to guarantee to people living on reserve the same protections that other Canadians enjoy under the Canadian Human Rights Act, which came into law on June 18, 2008. It also passed Bill C-3, the Gender Equity in Indian Registration Act, in 2010, in response to McIvor v. Canada in 2009. Bill C-3 allowed for the eligible grandchildren, or women who lost status as a result of marrying non-Indian men, to be entitled to registration if they or their siblings were born on or after September 4, 1951.

It should be noted that the Liberals, including the current Minister of Crown-Indigenous Relations and Northern Affairs, actually voted against the Family Homes on Reserves and Matrimonial Interests or Rights Act from 2013, which was introduced and passed by the former Conservative government. It should also be noted that the legislation that made the Canadian Human Rights Act apply on reserves was tabled by the Conservatives, and then all parties worked together to pass the legislation.

Essentially, prior to Bill C-3, the Gender Equity in Indian Registration Act of 2010, and the proposed changes in Bill S-3, Indian status was passed down to the next generation from the father but not through the mother. Therefore, if a first nation male had children with a non-first-nation female, his status would be passed down, but not vice versa. That is what we are talking about here today in the House.

I had a call this week from a friend in Saskatchewan. He is from the Cree first nation. He is unequivocally in favour of Bill S-3. He has a status Indian niece who is married to man from Honduras. Not long ago, they celebrated the birth of their first child. My friend said that he is the cutest little Honduran Indian anyone has ever seen. Perhaps with the passage of Bill S-3, that description should change and he would be the cutest little Indian Honduran anyone has ever seen. Would that not be nice? I think that is what we are headed for after December 22.

My friend also had a very good idea that he passed along to me earlier this week. It is regarding the “ 6(1)(a) all the way” approach back to 1869. He suggested giving non-status indigenous people up to 10 years to get their geneology sorted out. That seems like a long time. However, it could be a gradual process. Some people will have their family trees available now, while others will have to dig around and find the right roots and the proof. I think this is a pretty excellent idea he came up with. It would also give the department an opportunity to work through these changes and prepare for the financial implications they would entail.

At this point, it is unknown exactly how many Canadians would become eligible, or would even apply to register, and what the financial implications would be for the Canadian taxpayer. We have no idea whatsoever. It could be 200,000. It could be 400,000. It depends how far back people go in the tree. We need some time to figure this out. I do not know if it would have any implications for roughly one-half of my province's indigenous population.

We, the official opposition, as we have stated all day in the House, support Bill S-3 at second and third readings, because it contains several necessary changes to the Indian Act toward greater gender equality and is the next step beyond the amendments made by the former Conservative government with Bill C-3, back in 2010.

What I do not agree with is this “flying by the seat of their pants” method of legislating by the government. It has had more than enough time to table a good, clean piece of legislation that everyone could get on board with and get passed. Instead, it chose a path it knew would encounter resistance and delays, especially in the Senate.

I do not believe we can please all of the people all of the time, but we as legislators have an obligation to please as many Canadians as possible all of the time. That is our duty, and it really should not be muddied. However, we are going to support Bill S-3. I want to say, on behalf of the people of Saskatchewan, they are excited about the bill and are hoping it passes, and then we can move forward as of December 22.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, unfortunately, the party did not have the benefit of having me for the past decade, but I am here now. We cannot change the past. We can only change the future. With that said, I am happy to talk about the record of the Conservative Party with respect to indigenous rights.

Let us not forget that we brought forward the Family Homes on Reserves and Matrimonial Interests or Rights Act, a measure to restore gender equality in the way matrimonial property was treated, which most of the Liberals voted against.

We also gave people living on reserve the same protections other Canadians enjoy as part of the Canadian Human Rights Act. We also brought forward Bill C-3, the Gender Equity in Indian Registration Act, allowing eligible grandchildren of women who had lost their status as a result of marrying non-Indian men to be entitled to registration.

I think our record is clear. We were moving in a positive and good direction, and now that I am on board, it is even better.

[Marilyn Gladu, Conservative, Sarnia—Lambton, ON]

Mr. Speaker, I am pleased to rise today to speak to Bill S-3. I will be sharing my time with the member for Peace River—Westlock.

When I was chair of the Standing Committee on the Status of Women, we did a number of studies, in particular on gender equality. Gender equality is built on many pillars, but essentially, its aim is to ensure that men and women are treated equally in all aspects.

Correcting an irregularity like the one raised in this bill is a simple and obvious way to move towards real gender equality. I am proud to support Bill S-3 and I appreciate having the opportunity to speak in favour of this legislation here today. An individual's status should not be based on their sex. It is a question of history and culture, and righting this wrong is a logical step.

I am very happy to talk about Bill S-3. For those who are not familiar with this bill, it amends the Indian Act. It seeks to remedy gender inequality for those born after 1951.

The changes to the act, specifically, are to replace the long title; to delete from the bill a clause that has been quite controversial, and there has certainly been some discussion about the “6(1)(a) all the way” clause today; and to add the United Nations Declaration on the Rights of Indigenous Peoples to the list of documents the Minister of Crown-Indigenous Relations and Northern Affairs has to consider during promised forthcoming consultation on those issues. Those are really the changes to the bill.

I am definitely in support of gender equality. I talked about my experience on the status of women committee. I would also mention that I have two non-status Métis daughters. Gender equality, when it comes to status, is very important. I am glad to see that this bill would take steps in that direction.

If we think about the record of the party I represent, we did a lot of things when it came to gender equality for first nations women. You may recall the Family Homes on Reserves and Matrimonial Interests or Rights Act, which was brought forward to address differences in the way women were treated with respect to matrimonial property over men.

It is notable that the Minister of Crown-Indigenous Relations and Northern Affairs actually voted against that measure. I see that there is a change of tune now on the other side when it comes to gender equality.

In addition to that, we re-introduced legislation to guarantee people living on reserve the same protection other Canadians enjoy under the Human Rights Act. That was another thing the Conservative Party was proud to bring in. We also addressed, under Bill C-3, the Gender Equity in Indian Registration Act, in 2010, the McIvor v. Canada case to allow eligible grandchildren of women who lost their status as a result of marrying a non-Indian man to be entitled to registration.

Members can see that the party has a history of taking steps to try to restore gender equality in our first nations and Inuit societies.

With that, I am certainly glad to see this bill moving along. That said, I would be remiss if I did not talk about how botched this legislation already is. It is bad enough that the Supreme Court had to order the government to do something, but to then have to get two court extensions shows a lack of planning and a lack of an ability to execute.

I noted that there were lots of struggles on the way to getting this bill here. It does not seem that it is just this bill. It seems that the government has great difficulty executing any number of things when it comes to first nations people.

We know that there was a big push to spend $8.4 billion to eliminate the problem of not having clean water in first nations communities across the country. We see now 120 more boil water advisories than we had at the beginning, and we are two years into it. It really shows a lack of ability to execute.

The other example would be the murdered and missing aboriginal women effort. I have quite a number of things to say about that one. First of all, in almost two years, 20 people have resigned or been fired from that initiative.

The government talks about its nation-to-nation relationship and that it is going to consult broadly and everything else. Here is an example of a consultation where it has talked to very few victims. The Liberals have spent a huge amount of money, and it is two years up the road.

There has been a lot of press on this issue saying that people are dissatisfied: there is no plan, there is no schedule, there are inadequate computers and Internet access, there are limited aftercare plans for the family members who are trying to participate, there was an eight-month delay in opening offices, and there was a four-month delay in hiring staff. There is a whole shopping list of things that are wrong with the murdered and missing aboriginal women inquiry. It does not inspire confidence that the government will be able to execute properly in the go forward.

The Liberals need to not be all talk and no action. They need to learn how to execute and actually say the things they mean and then follow up and do the things they need to do.

If we want to talk about examples of places where the Liberals say they want a nation-to-nation relationship but then do not actually follow through, we can look at a number of examples. We see, for example, that the courts said that indigenous children were being discriminated against with respect to welfare, yet the government was ordered to pay $150 million and dragged its feet on that. How can they have a nation-to-nation relationship when they will not even do what the courts are ordering them to do to give restitution to children? It is ridiculous.

We can talk about the oral health of indigenous people. We see that the government would rather spend $110,000 fighting in court than pay $6,000 for dental work for an indigenous child. That again does not say to indigenous people that the government wants a nation-to-nation relationship. It is pretty much hypocrisy.

I am concerned about Bill S-3. I see that it is well intentioned, but in the execution of it, it could become problematic. There were amendments in the Senate, and I am glad to see that some of them were taken along, because that does not always happen. A lot of times, when the Senate has brought amendments, they are refused here. That is a total waste of the taxpayers' money in terms of the Senate, because if the Senate is doing all this work to bring amendments, and they are rejected here, it seems a little pointless.

The fact that there are so many Senate bills coming forward is also a bit problematic. We have a limited amount of time in the House, and the government is running on promises that it is having trouble keeping, but there are a lot of promises, and it is getting late in the mandate to start delivering on some of those things. Every one of the Senate bills disrupts the agenda of the day.

Although I am in favour of Bill S-3, and certainly of gender equality and the restoration of that to first nations people, I wanted to point out a few of those things I see.

In closing, I would like to reiterate my support for this bill. While the Liberal government seems to be incapable of keeping a single election promise, I am pleased that at least it appears to support this effort to achieve gender equality with respect to the transmission of Indian status.

I would again like to thank my colleagues across party lines for their efforts today, as well as the Senate for the hard work it has accomplished since the beginning of the study. The Liberal government has already managed to extend the deadline twice, but the court appears to have no intention of extending it a third time.

It is time to pass this legislation in order to solve a problem that the government seems to be avoiding.

[Gary Anandasangaree, Liberal, Scarborough—Rouge Park, ON]

Mr. Speaker, I rise today to speak to Bill S-3, an act to amend the Indian Act.

This Senate bill is in response to the superior court of Quebec's decision in Descheneaux v. Canada and has undergone several iterations. I am pleased to support this set of amendments, which will effectively eliminate sex discrimination under the Indian Act.

I want to begin by acknowledging that we are gathered here on the traditional unceded lands of the Algonquin peoples.

It is hard to believe that we are having this debate today, in 2017, on sex equality. It is even more disturbing that those making the decision on such a fundamental issue of Indian status for first nations peoples are not members of any first nations communities themselves but are primarily from settler communities. The irony is not lost on me. What is equally absurd is that it has been primarily men making these decisions. Our Indian Act, unfortunately, makes this absurd debate necessary.

The renewed relationship our government seeks to establish with first nations communities on a nation-to-nation basis will untangle first nations peoples from the shackles of colonialism and the Indian Act and will set our country towards a path of true reconciliation.

The Indian Act is deeply rooted in racism and has for generations resulted in uneven and racialized outcomes for our first nations peoples. The Indian Act essentially controls the lives of our first nations peoples. It defines who is and who is not an Indian, where they live, whom they should live with, and so on. It separates first nations peoples from the rest of Canada, physically, through reserves, but also in virtually every aspect of life.

The numbers speak for themselves. I am just going to give some examples. In 2011, 26.2% of first nations people on reserve lived in overcrowded housing, compared to 4% of non-aboriginal people. In education, 39.8% of first nations people do not have high school or a post-secondary degree. Only 12.1% of non-indigenous people do not have a high school diploma or a post-secondary degree. We could go on with life expectancy, suicide, and income.

On virtually every measure available to assess social well-being, Canada's first nations people rank lower in comparison to their settler counterparts. None of the constraints of the Indian Act, however, have been more scrutinized and more painful than the definition of who is and who is not an Indian.

Notably, this Indian Act discriminates against women in a systemic and structural way, leading to inequities in membership and having an effect on their daily lives. Discrimination based on sex has affected the children, grandchildren, and their generations of kin by excluding them under the Indian Act. The amendments to Bill S-3 we are debating today aim to correct that trajectory and ensure that sex discrimination is eliminated from the Indian Act once and for all.

I want to walk members through the history. The issue of sex discrimination has been dealt with by Parliament on several occasions. However, in each round, the amendments made in the House did not go far enough to ensure that sex discrimination was eliminated altogether.

The amendments initially considered under Bill S-3 were in response to a superior court of Quebec decision in Descheneaux v. Canada, rendered in 2015. The Quebec court deemed the provisions of the Indian Act to be in violation of the Canadian Charter of Rights and Freedoms, as it treated grandchildren descended from a status Indian man and a status Indian women differently by providing status to the former and denying it to the latter.

Madam Justice Chantal Masse cautioned the government to ensure that any legislation that stemmed from the decision ought to have an expansive view of the issue of sex-based discrimination under the Indian Act. I would like to quote paragraph 239 of her decision:

When Parliament chooses not to consider the broader implications of judicial decisions by limiting their scope to the bare minimum, a certain abdication of legislative power in favour of the judiciary will likely take place. In such cases, it appears that the holders of legislative power prefer to wait for the courts to rule on a case-by-case basis before acting, and for their judgments to gradually force statutory amendments to finally bring them in line with the Constitution.

After considerable back and forth with the other place, we are here today to eliminate sex-based discrimination in the Indian Act altogether.

During debate this summer, we heard from many witnesses, including women whose lifetime of work advanced the issue of gender equality in the Indian Act. It was a very painful experience for most of them. We also heard from many bands and communities that they alone have the right to define the citizenship of their people. I believe that both seemingly divergent views are not incompatible. Ultimately, first nations people should have the say as to who their citizens are, but in a manner that does not discriminate against one particular gender.

I want to take a couple of minutes to outline previous attempts to remove sex-based discrimination from the Indian Act. The sex-based inequities in the law we are grappling with today have their roots in the patrilineal transfer of Indian status that existed in the Indian Act prior to 1985, and the subsequent imperfect attempts to end discrimination in the act.

With the introduction of the Constitution Act, 1982, and the Charter of Rights and Freedoms, explicit discrimination in the Indian Act finally had to be changed to comply with section 15 charter rights.

Bill C-31 was introduced to make the Indian Act charter compliant. It unfortunately did not go far enough. In fact, it is Bill C-31, including the introduction of the second generation cut-off and the subsection 6(1) and 6(2) categories of Indian status that inevitably opened new sex-based inequities and the inability of individuals to pass on status to their children and grandchildren. The residual sex-based inequities that remained in the act resulted in a rise in registration-related legal challenges.

One such challenge was launched by Sharon McIvor. Dr. McIvor's case centred on her ability to transfer status to her children. Since Dr. McIvor married a non-Indian, she was only able to transfer section 6(2) status to her son, Mr. Grismer. As Mr. Grismer also married a non-Indian, he was not able to transfer status to his children. However, had Sharon McIvor had a brother who was also married to a non-Indian, prior to 1985 their child would have been entitled to status under 6(1). Because of this discrimination, the B.C. Court of Appeal struck down paragraphs 6(1)(a) and 6(1)(c) of the Indian Act and gave Parliament one year to respond.

Bill C-3 was introduced by the previous Conservative government in response to the McIvor decision. However, the government decided that it would interpret the decision as narrowly as possible and that it would not address other obvious examples of sex-based discrimination in the act.

At the time, Marc Lemay, a former Bloc MP, rightly pointed out, “As we speak, a dozen or so of these complaints are before the courts in various jurisdictions across Canada, including one or two similar cases currently before Quebec courts.” I have no doubt that the cases in Quebec he was referring to were those of Stéphane Descheneaux and Susan and Tammy Yantha.

It only took six years for us to arrive back here again to pass amendments to the Indian Act to address discrimination, which should never have existed, with Bill S-3. Like Bill C-3, Bill S-3 did not initially take an expansive approach to addressing discrimination in the Indian Act. Initially, Bill S-3 addressed only the cases ruled by the Superior Court of Québec: the cousins and siblings issue and the issue of omitted minors.

I can continue to give more examples of where we have failed, but it is very clear that today, as we stand, we have the right balance to ensure that we eliminate sex-based discrimination from the Indian Act once and for all.

There would be a process of consultation that would ensure that people, particularly women, would not have to go to court to assert their rights. It is embedded in the legislation today. The bill would ensure that any discrimination based on sex, dating back to 1869, would be addressed once and for all. This is an important amendment we need to make to the Indian Act.

As my colleagues have previously said, as we walk toward elimination of the Indian Act, this is a necessary evil that will ensure that we do not continue to discriminate on the basis of sex.

Motions in Amendment

[Mark Strahl, Conservative, Chilliwack—Hope, BC]

Madam Speaker, first, it was our Conservative government that gave women living on reserve the same matrimonial real property rights as other Canadian women living off reserve, something the Liberals voted against.

When the Liberals were in opposition, in response to Bill C-3, which dealt with McIvor case, the Minister of Justice and the Minister of Indigenous and Northern Affairs brought forward those exact same amendments, which senators have brought forward to amend Bill S-3.

Could the member tell us what has changed between now and then, other than she now sits on that side of the House of Commons?

Qalipu Mi'kmaq First Nation Act

[Rick Norlock, Conservative, Northumberland—Quinte West, ON]

Mr. Speaker, this has to do with, quite frankly, liability, fairness, and equity.

Clause 4 in the bill provides certainty that no compensation or damages will be paid either by Canada, the first nation, or any other party to the individuals who are determined not to be members of the Qalipu Mi'kmaq first nation once the enrolment process is completed. However, it does not prevent those individuals from appealing the enrolment committee determination pursuant to the agreement, nor does the clause prevent court challenges to the agreement or to the schedule to the Qalipu Mi'kmaq First Nation Band Order.

Such a clause is not uncommon in this federation. Similar clauses are found in both the 1985 legislation removing discrimination from the Indian registration provisions of Bill C-31 and the recent Gender Equity in Indian Registration Act, which was Bill C-3.

Clause 4 supports the overall integrity and credibility of the membership enrolment process of the Qalipu Mi'kmaq first nation by ensuring that applicants who are found not to be entitled to registration do not obtain compensation for the benefits that are only intended for registered Indians.

Once again, it relates to the first question of fairness and equity and making sure that our agreements strike the right balance.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, it is a very puzzling point. In the case of the Qalipu Mi'kmaq, they had to go to court. In 1989 they brought forward a lawsuit against Canada seeking Indian Act recognition. Unfortunately, this is too often the case: in order for first nations to get their rights recognized, they are forced into court situations to have that determination. The government loses the case and then appeals the case, and eventually it will end up in the Supreme Court and the Supreme Court will side with first nations. First nations have taken 187 cases to court to have their inherent rights, their constitutional rights, recognized.

The other question that has not been resolved in debate around Bill C-25 is whether or not the government would put in adequate resources to move forward on recognizing status. Status cards need to be issued, and the department has been incredibly slow in issuing them, and that impacts on people's access to benefits and other things that are guaranteed with regard to the status card.

I posed a question to the government earlier with regard to whether the government would invest the required resources to make sure the backlog around membership applications is cleared up. I did not get a substantive answer. A backlog has already been generated as a result of Bill C-3, the McIvor decision, and this would only add to that workload.

I am hopeful that the government will recognize it has an obligation not only to pass legislation but to put resources in place to make sure the legislation can be implemented appropriately.

[Jean Crowder, NDP, Nanaimo—Cowichan, BC]

Mr. Speaker, there is a question that has arisen with respect to resources for membership. We know from Bill C-3, called the McIvor bill, which reinstated membership for a number of people who had been denied membership because of some gender discrimination, that there is a lengthy list of people waiting to get their status cards. This current legislation would increase that list of people waiting for their status card, which also impacts the ability of people to access benefits.

I wonder if the member could comment on whether the government is prepared to put additional resources into processing applications for status.

[Mark Strahl, Conservative, Chilliwack—Fraser Canyon, BC]

Mr. Speaker, although I do not know if the hon. member heard it, I was clear in my speech that those 23,877 members who received status in the initial enrolment will continue to receive Indian status benefits until this process is completed and the appeals process has been exhausted. We are looking at late 2015.

These people have been receiving benefits. They will continue to receive benefits during this phase, even as a result of this bill. However, everyone is aware now and has been put on notice that there is a new process and that everyone will be evaluated again. That will give some time to those individuals. There is no cutting-off of benefits right now, which might be a concern of the member.

Also, clause 4, the legal clause in the bill about protecting the government, which the member talked about, would not prevent individuals from appealing the enrolment committee's determination, nor would this clause prevent court challenges to the agreement or to the exclusion from the schedule of the Qalipu Mi'kmaq First Nation Band order. This is a very limited clause that has been enacted in other pieces of legislation.

It was also part of Bill C-3, the Gender Equity in Indian Registration Act. It says that if people are determined not to be members of the Qalipu band, they do not have the right to seek compensation for that decision. They still have the right to the court process on the actual enrolment order. I want the member to be aware of that.

Scope of Private Members' Bills

[Sadia Groguhé, NDP, Saint-Lambert, QC]

Mr. Speaker, I rise today on the question of privilege—which is not truly a question of privilege—raised by my colleague from Toronto Centre. The question has to do with the eighth report of the Standing Committee on Citizenship and Immigration, which recommends to the House that it:

...be granted the power during its consideration of Bill C-425, An Act to amend the Citizenship Act (honouring the Canadian Armed Forces) to expand the scope of the Bill such that the provisions of the bill be not limited to the Canadian Armed Forces.

I want to share why I think this question should be ruled out of order. However, before I share my arguments, I would like to correct what has been said so far. When the hon. Leader of the Government in the House of Commons, the member for York—Simcoe, spoke on April 25, 2013, he misled he House. In speaking about the amendment, he implied that the eighth report of the Standing Committee on Citizenship and Immigration is:

...asking the House to debate it for a number of hours and decide whether we think it is within the scope [of the bill]...

As you know, Mr. Speaker, that is not at all the case. This report does not ask us to determine whether the proposed amendments are within the scope of the bill. On the contrary, as I will explain later on, the committee clearly showed that it knows the proposed amendments are outside the scope of the bill. The report asks the House to give the committee the power to expand the scope of the bill and not to make judgments about amendments that could be made in committee.

I must also add that the member for Toronto Centre clearly did not do his homework before he spoke prematurely on the concurrence of this report before a motion to concur even made it to the order paper. A committee may seek an instruction from the House to expand the scope of a bill. In the second edition of House of Commons Procedure and Practice, O'Brien and Bosc are clear:

Once a bill has been referred to a committee, the House may instruct the committee by way of a motion authorizing what would otherwise be beyond its powers, such as, for example...expanding or narrowing the scope or application of a bill. A committee that so wishes may also seek an instruction from the House.

That is exactly what the Standing Committee on Citizenship and Immigration is trying to do with its eighth report.

However, and this is the reason for my speech, there is a limit to the instruction that the House can give to a committee. I would like to quote from O'Brien and Bosc once again:

A motion of instruction will be ruled out of order if it does not relate to the content of the bill, if it goes beyond the scope of the bill (for example, by embodying a principle that is foreign to it...

That is why, Mr. Speaker, I firmly believe that you must intervene and rule that the Standing Committee on Citizenship and Immigration's request for instruction is out of order. This request is far too broad and does not allow the House to determine if the committee is likely to include a principle that is foreign to the bill.

There is some precedent where motions of instruction were deemed to be in order and were debated in the House. However, in each of those instances, the instructions were far clearer than those sought by the Standing Committee on Citizenship and Immigration today. One example is from April 27, 2010, when the member for Nanaimo—Cowichan moved the following motion of instruction:

That it be an instruction to the Standing Committee on Aboriginal Affairs and Northern Development, that it have the power during its consideration of Bill C-3, An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs), to expand the scope of the Bill so that a grandchild born before 1985 with a female grandparent would receive the same entitlement to status as a grandchild of a male grandparent born in the same period.

This motion was very clear and was ruled to be in order with good reason. It gave the Standing Committee on Aboriginal Affairs and Northern Development permission to expand the scope of the bill in question, while providing strict limits as to how the committee could do that. By voting on this motion, the House was assured that the committee would not include a principle that is foreign to it in the bill.

In contrast, the motion of instruction that we have before us is simply asking the House for the power to expand the scope of the bill so that it is not limited to just the Canadian Armed Forces. What does that mean exactly? What amendments does the committee want make to the bill so that it applies to more than just the Canadian Armed Forces?

As it currently stands, the bill allows permanent residents who are members of the Canadian Armed Forces to get their citizenship more quickly. By asking that the bill apply to more than just members of the Canadian Armed Forces, is the committee suggesting that it would like to amend the bill so that permanent residents who are working in professions that are not related to the Canadian Armed Forces can also get their citizenship more quickly?

It is not at all clear. How can the House decide on such a motion of instruction when it does not know how the committee will proceed or whether the committee will try to include a principle that is not foreign to it in the bill?

I would also like to add that, if the committee's motion of instruction were to be found in order, it would set a dangerous precedent. By allowing a standing committee to expand the scope of a bill without specific instructions, we would be going down a very dangerous path under the current circumstances. Given this majority government's tendency to use private members' business to forward their own agenda, private members' business would be used as a way for the government to get around the rules.

Catherine Dauvergne, a law professor at the University of British Columbia, appeared before the committee as an individual during the examination of Bill C-425. She could not have provided a better explanation of the danger associated with such solicitation of instructions. She said:

...such a profound change to our Citizenship Act such as the one the minister is proposing must not be done by a process like this, by a private member's bill. That process reduces the time allowed for debate and for this committee to do its work and it protects the changes that the minister is proposing. This is controlling democracy.

Mr. Speaker, as you know, section 3 of the Canadian Charter of Rights and Freedoms Examination Regulations states:

In the case of every Bill introduced in or presented to the House of Commons by a Minister of the Crown, the Minister shall, forthwith on receipt of two copies of the Bill from the Clerk of the House of Commons, (a) examine the Bill in order to determine whether any of the provisions thereof are inconsistent with the purposes and provisions of the Canadian Charter of Rights and Freedoms...

By asking standing committees to broaden the scope of bills to include suggestions from ministers, the government is not fulfilling its responsibility to examine the bills, as stated in the Canadian Charter of Rights and Freedoms Examination Regulations.

Pursuant to Standing Order 91.1(1), the constitutionality of private members' business is studied only by the Subcommittee on Private Members' Business, before a bill is debated at second reading.

By trying to expand the scope of the bill after second reading, the government is avoiding the constitutional test and will therefore be able to amend private members' bills as it sees fit, instead of presenting those concepts in government bills that must pass the constitutional test of the Minister of Justice.

Mr. Speaker, let me conclude by urging you to pay particular attention to the eighth report of the Standing Committee on Citizenship and Immigration, which the NDP feels should be ruled out of order.

Such a request for instruction is much too broad for the House to be able to ensure that the changes subsequently made by the committee will not include concepts that are foreign to the bill and will not violate the charter.

Giving such latitude to a standing committee will set a very dangerous precedent that this majority government will certainly use in a partisan and anti-democratic fashion.

Thank you for your attention. To help you with your study of this important issue, I will provide you with the evidence from the study of Bill C-425 conducted by the Standing Committee on Citizenship and Immigration.

I am convinced that, once you look at the evidence, you will also agree that the eighth report of the Standing Committee on Citizenship and Immigration is out of order.

[The Speaker, Peter Milliken]

I have the honour to inform the House that when the House went up to the Senate chamber His Excellency the Governor General was pleased to give, in Her Majesty's name, the royal assent to the following bills:

Bill S-3, An Act to implement conventions and protocols concluded between Canada and Colombia, Greece and Turkey for the avoidance of double taxation and the prevention of fiscal evasion with respect to taxes on income--Chapter No. 15

Bill S-210, An Act to amend the Federal Sustainable Development Act and the Auditor General Act (involvement of Parliament)--Chapter No. 16

Bill S-2, An Act to amend the Criminal Code and other Acts--Chapter 17

Bill C-3, An Act to promote gender equity in Indian registration by responding to the Court of Appeal for British Columbia decision in McIvor v. Canada (Registrar of Indian and Northern Affairs)--Chapter 18

Bill S-215, An Act to amend the Criminal Code (suicide bombings)--Chapter 19

Bill C-464, An Act to amend the Criminal Code (justification for detention in custody)--Chapter 20

Bill C-36, An Act respecting the safety of consumer products--Chapter 21

Bill C-31, An Act to amend the Old Age Security Act--Chapter 22

Bill C-28, An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act--Chapter 23

Bill C-58, An Act for granting to Her Majesty certain sums of money for the federal public administration for the financial year ending March 31, 2011--Chapter 24

Bill C-47, A second Act to implement certain provisions of the budget tabled in Parliament on March 4, 2010 and other measures--Chapter 25

It is my duty pursuant to Standing Order 38 to inform the House that the questions to be raised tonight at the time of adjournment are as follows: the hon. member for Dartmouth—Cole Harbour, Canadian Council on Learning; the hon. member for Vancouver Kingsway, Public Safety.