Act on UN advice to eliminate 2nd-generation cut-off, First Nations leaders tell Canada

First Nations leaders are calling for the federal government to take action on recommendations by the United Nations to eliminate the second-generation cut-off from the Indian Act.

The Union of British Columbia Indian Chiefs and the Indian Act Sex Discrimination Working Group held a virtual news conference Tuesday to discuss the technical advice offered by the United Nations Expert Mechanism on the Rights of Indigenous Peoples (EMRIP) to the Canadian government.

EMRIP released its ‘Technical Advice’ on May 2, advising Canada to eliminate the second-generation cut-off. The cut-off prevents Indian status from being passed down to children after two generations of one parent with status.

“At this point, Canada is not upholding its duty to consult, but is actually ignoring the voices of First Nation leaders and women to delay justice for our kids,” said Pam Palmater, a member of the Indian Act Sex Discrimination Working Group, at the news conference.

EMRIP advises member states like Canada on how to fully implement the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP).

Its review on the second-generation cut-off and the Senate amendments to Bill S-2 was requested by Jeremy Matson, a member of the Squamish Nation, as well as NDP MPs Leah Gazan and Jenny Kwan.

It found the second-generation cut-off to be in violation of Article 8 of UNDRIP, which prohibits forced assimilation and destruction of culture.

“Canada cannot continue to delay justice while generations of First Nations families continue to lose status, identity, rights recognition under Canadian law,” said Matson.

“My family has lived with these impacts directly for 100 years. We have spent years navigating systems designed to erase us.”

Senate amendment

Bill S-2 was introduced to the Senate last year to address outstanding issues with the Indian Act related to enfranchisement, as determined in the British Columbia Supreme Court case Nicholas v. Attorney General (Canada).

The Senate amended the bill to also eliminate the second-generation cut-off.

Bill S-2 is currently being reviewed by the House Standing Committee on Indigenous and Northern Affairs, and has so far seen over 40 witnesses present evidence, most in favour of passing the bill as amended. Some First Nations leaders oppose Bill S-2, saying the bill perpetuates federal government control over defining identity.

Indigenous Services Canada Minister Mandy Gull-Masty is calling for a longer consultation period on eliminating the second-generation cut-off.

On Friday, Gull-Masty said there are plans to address the second-generation cut-off “in an expeditious way” in the fall. In a statement to CBC Indigenous, Gull-Masty’s office said the government is committed to putting forward legislative reforms “in a manner that reflects the perspectives and priorities of First Nations.”

Palmater said she is skeptical of the government’s ability to pass separate legislation on the second-generation cut-off given a lack of clarity or end-date to consultation with First Nations on the matter.

“If that’s the case, then you certainly can’t have legislation in the fall. So, none of this gives us any confidence that there will be stand-alone legislation,” Palmater said.

“If it was truly to get rid of sex discrimination and race discrimination and second-generation cut-off, Senate’s done that for them.”

‘They have an opportunity now to act’

Parliament has four sitting weeks left to pass the bill before its summer break.

Marilyn Slett, chief councillor of the Heiltsuk Tribal Council and secretary-treasurer of the Union of B.C. Indian Chiefs (UBCIC), told reporters UBCIC has been advocating for the removal of the second-generation cut-off since Canada introduced it in 1985.

Slett said UBCIC is concerned about further delays should Parliament rise before passing the bill, or introduce a separate bill.

“The consultation that they are embarking on is not appropriate. We have decades of that consultation and we know that the time to act is now,” Slett said.

“They have an opportunity now to act and to fix the mess that they made with the Indian Act and the registration, and we know that timeframe is in front of us.”

Article source: https://www.cbc.ca/news/indigenous/un-technical-advice-2nd-generation-cutoff-9.7197109?cmp=rss