Get with the times
Prime Minister Justin Trudeau has promised a new era in relations between Canada and Indigenous peoples. As recently as August, he split the Indigenous Affairs portfolio in his government in two and vowed to build a nation-to-nation relationship that would involve “moving beyond” the outdated Indian Act.
And yet the Liberal government is insisting on passing a law that fails to fully address sex discrimination in the Indian Act. It is defending a version of the bill that goes only part way and will be vulnerable to a court challenge as soon as it is passed.
Fortunately, the government is being challenged on this by members of the newly feisty Senate. They are insisting that Bill S-3, the law in question, be amended to remove all vestiges of sexist language that affects who qualifies to be legally regarded as a status Indian.
Before Parliament recessed for the summer, the senators refused to back down and the issue was put off. When legislators return to work next week the struggle will resume. The government would be well advised to concede the point and make sure its bill is free of all discriminatory language.
At the core of the issue are parts of the Indian Act that make it easier for First Nations men than for women to pass their Indian status along to their children and grandchildren.
The government’s version of the law would make things equal for men and women, but only going back to 1951, when the Indian register was created. First Nations women who lost Indian status because they married non-status men and had children before that year would still not be able to pass their status along to their children.
That change means that about 35,000 additional people would be able to claim Indian status, along with the various benefits that go with it. The government argues this change should be made now, with other changes to come down the road.
The senators, led by independent Marilou McPhedran, want the new law to go further right now. They want to eliminate all discrimination between men and women back to the 19th century, when the Indian Act came into effect.
That would potentially allow many more people to claim Indian status — estimates range wildly from 80,000 to more than two million. But the mechanics of it all shouldn’t be the key factor. As Nunavut Sen. Dennis Patterson, a Conservative, told the Hill Times: “The time for half-measures is over . . . it’s time to fully rectify this inequity.”
The senators are right to insist on doing a thorough job of stripping sexist measures out of the Indian Act. If the government is serious about making a fundamental change on Indigenous issues, it should get on board.