Madam Speaker, kwe kwe, ullukkut, tansi, hello and bonjour. Before I begin, I would like to acknowledge that Canada's Parliament is located on the unceded traditional lands of the Algonquin Anishinabe people.
I am thankful for the opportunity to say a few words today as we debate important amendments to the Indian Act, a relic of our colonial history that needs change.
I would like to begin by providing a historical overview to show why these amendments are so important and why we could not be proposing them today without first taking time to listen to and learn from first nations and indigenous partners who represent non-status first nations.
Before European contact, first nations had their own, long-established methods for determining citizenship. While methods varied between nations, the issues of kinship and community ties were at the heart of these processes. Colonial administrations, and then successive Canadian governments, introduced a progression of statutes that drastically changed the meaning and the nature of citizenship within first nations. The goal of these statutes was assimilation, and through the Indian Act, the process of enfranchisement was introduced.
Through enfranchisement, first nations members lost entitlement to registration and membership in their home communities if they wanted to vote in Canadian elections, own land, serve in the Canadian military, marry a non-first nations person or deny compulsory residential school attendance for their children. This legal process not only extinguished individual rights to registration under the Indian Act but also eliminated the right to access a range of rights and benefits, including the ability to vote in their nations' elections.
Individuals, including men, their wives and minor children, could be enfranchised involuntarily or by application. As I alluded to earlier, many parents sought enfranchisement simply as a means to protect their children from forced attendance at residential schools. Some were involuntarily enfranchised when they earned a degree; became a doctor, lawyer or professional; or resided outside of Canada for more than five years without permission.
The implication of enfranchisement in these circumstances was that first nations heritage and culture was somehow incompatible with notions of modernity and professional achievement.
The evolution of the Indian Act had particular consequences for first nations women. By 1869, the definition of “Indian” was no longer based on first nations' kinship and community but instead on the predominance of male lineage and their community connection. Under the Indian Act, a woman who married an Indian man was automatically transferred from her father's nation to her husband's community. Women who married non-lndian men lost their status and any associated benefits completely.
The result of these policies has been devastating. The final report of the National Inquiry into Missing and Murdered Indigenous Women and Girls explains how the policy played a role in limiting women's social and economic independence. We know from the national inquiry that social and economic marginalization was among the root causes of the unspeakable violence that indigenous women and girls endure in this country.
There have been attempts over the years to do better, but these have fallen short. Amendments to the Indian Act in 1951 attempted to remove some of the offensive political, cultural and religious restrictions, but they also gave the provinces jurisdiction over indigenous child welfare. This paved the way for the sixties scoop, a painful process where first nations children were removed from their families and communities instead of being provided with resources and supports.
In 1985, the process of enfranchisement was eliminated from the Indian Act. Individuals who had been enfranchised by application had their entitlement restored, but they still could not pass on entitlement to their grandchildren.
This is why it is so crucial for any amendments to be made in coordination with those who are most affected by them. Today we are on a path toward reconciliation. We are trying to listen, learn and do better. Policy development must reflect the recommendations and perspectives of first nations peoples and indigenous partners who represent non-status first nations.
For example, through the collaborative process on Indian registration, band membership and first nation citizenship, first nations partners guided the development of Bill S-3, which received royal assent in 2017, came into force in 2019 and eliminated known sex-based inequities in the registration provisions of the Indian Act. Today, because of these changes, matrilineal and patrilineal lines of ancestry are treated equally in entitlement to registration, all the way back to 1867.
Despite the successful removal of sex-based inequities in registration, the Government of Canada and first nations agree that there are still legacy issues that impact women and issues in registration and membership which remain, and these need to be addressed.
In March, the Minister of Indigenous Services reaffirmed the federal government's commitment to addressing enfranchisement-related inequities in the Indian Act as soon as possible. We have been working with first nations individuals and indigenous partners who represent non-status first nations to craft these amendments. We are grateful for their advice and guidance, and we recognize how difficult it can be to share their stories over and over again in a struggle for change that spans decades.
The amendments in the bill before us today are the result of discussions with impacted first nations individuals, first nations representatives, Indian registration administrators and national indigenous organizations, including the Assembly of First Nations, Congress of Aboriginal Peoples, Native Women's Association of Canada, Métis Nation of Canada and the Manitoba Métis Federation. Some provided formal written feedback on the draft of the legislation, while others participated in conversations about the need for and direction of the amendments.
I will now provide a brief overview of what the amendments include. The amendments being proposed will address discrimination caused by a family history of enfranchisement. They will also address individual deregistration, natal band membership and some of the outdated and offensive language in the Indian Act.
They will ensure that first nation individuals with a family history of enfranchisement will be treated equally to those without. The amendments will also allow those individuals who want to remove their names from the Indian register the opportunity to do so. We know this is important for members of Métis groups or American tribes who wish to pursue this option based on the membership requirements of their respective groups.
We note that those who are deregistered will still legally retain their entitlement to be registered under the Indian Act in the future and subsequently transmit entitlement to their descendants. The proposed amendments would also create a legal mechanism that would ensure that women who lost the right to membership in their natal first nations, prior to changes made in 1985, have the right to apply to have that membership restored.
Last, we know the Indian Act includes all manner of outdated and offensive language. Today's amendments will focus on the term “mentally incompetent Indians”, which would be replaced with the more respectful “dependent person.”
We recognize that there is much more work to be done to address the colonial legacies in legislation. Starting early in 2023, we will begin engagement on the additional inequities that still remain in registration, including the second generation cut-off. We will plan to introduce additional amendments once we have engaged broadly.
We are committed to working hand in hand with first nations to accomplish this. We are striving to make changes based on recognition and respect for the right to self-determination. It is a learning process. We are learning how to listen and also how to act with humility.
I reiterate my thanks to the first nations individuals and indigenous partners who represent non-status first nations who have devoted their time and energy to this process of change, and to the many individuals that work hard every day to make things better in this country. Their resilience and patience paves the way for a brighter future, and I offer my deepest gratitude to them.
It is my hope that this historical context and overview provides members of Parliament with a sense of why these amendments are needed. I hope all members will join me in supporting this important bill and in continuing to work towards true reconciliation.
