Canada open to Indian Act reform as Indigenous leaders call for First Nations-led process

Carney said that starting a review process does not guarantee that the Indian Act will be terminated, and that any path forward must be co-developed with First Nations, as well as provincial and territorial partners.

In response to the conversations around the Indian Act, Onion Lake Cree Nation Okimaw Pete Chief released a statement, calling on the federal government to recognize that First Nations have the authority to determine their own path forward.

“[It] cannot be a process designed in Ottawa and presented to our Nations for approval. It must be developed with us, respect our Treaty relationships, and proceed only with our free, prior, and informed consent,” said Okimaw Chief in a statement.

“The question is not simply whether the legislation should be reformed or repealed. The fundamental question is who gets to make those decisions.”

Onion Lake Cree Nation Okimaw Pete Chief said future of Indian Act must be led by First Nations, not Ottawa. (Image Credit: OLCN)

Okimaw Chief also acknowledged that abolishing the Indian Act is legally and practically complex. The Act defines Indian status, band membership, and collective rights. An immediate repeal would risk loss of status, healthcare, education funding, Treaty rights, and tax exemptions.

“If that legislation is repealed, what happens to the legal status and protection of our reserve lands? How will our membership be recognized? What happens to existing tax exemptions and other protections?” said Okimaw Chief.

Dr. Kathy Walker, Treaty Commissioner of Saskatchewan, said First Nations have been steadily moving beyond the Indian Act for generations under their inherent and Treaty rights based framework. She said the question is not if we should move beyond the Indian Act, but how.

“There needs to be something in place to ensure that the distinct legal, constitutional, and political status of First Nations is recognized and affirmed before the Indian Act can be abolished,” Walker told Eagle Feather News.

Dr. Kathy Walker, Treaty Commissioner of Saskatchewan, emphasized a Treaty rights-based framework to any changes to the Indian Act. (Image Credit: Office of the Treaty Commissioner)

“It once governed every aspect of First Nations people’s lives, identity, and lands. That’s why they call it ‘cradle to grave’ legislation. So it has been a big undertaking to come up with alternatives.”

In regards to the Indian Act’s current problematic restrictions, Walker points to the second-generation cut-off – a rule that stops the transfer of Indian status after two consecutive generations of a status holding person having children with a non-status person.

“It’s one of the most problematic aspects of the Indian Act. It’s having real impacts to a lot of First Nations,” said Walker.

According to a report by Amnesty International Canada, about 29 percent of currently status-holding individuals are at risk of not being able to pass their status to their children.

As such, Walker said the path to a newly amended, or abolished Indian Act, needs to include those who know what their nations needs are.

“It needs collaboration amongst First Nations to truly come up with an inherent and Treaty-rights based framework that could be implemented. And there’s already been a lot of work and momentum around that,” said Walker.

“[I would tell Prime Minister Carney] to speak with the inherent and Treaty rights holders, because they govern their nations and they know what their nation’s needs and aspirations are.”

by NC Raine, Eagle Feather News

Canada open to Indian Act reform as Indigenous leaders call for First Nations-led process

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