Mikmaq lawyer Pam Palmater on the necessity of ending the second-generation cutoff

It’s a battle Pam Palmater’s family has spent decades fighting. “Today, I am a registered band member of Ugpi’ganjig (Eel River Bar First Nation) and a status Indian registered under section 6(1) of the Indian Act, 1985,” the lawyer and chair of Indigenous Governance at Toronto Metropolitan University said in a submission to the Senate. “I am registered because of the persistence of my family, First Nations women, and allies who continue to fight to end the sex and race-based discrimination in Indian registration.” This week on InFocus, Palmater joins me to make a case for ending the second-generation cutoff in the Indian Act. “The most significant thing we can do is push for recognition because it impacts other things like our treaties, our right to vote in band elections (and) our right to participate in negotiating self-government agreements,” she said on InFocus. “There’s still sex discrimination in the Indian Act that we’re fighting very hard to get rid of.” On Nov. 18, members of the Senate’s Standing Committee on Indigenous Peoples voted ten to one to pass amendments to the government’s Bill S-2: An Act to amend the Indian Act (new registration entitlements) that move to end the second-generation cutoff. The cutoff, which was introduced in 1985, prevents parents from passing on Indian status after two consecutive generations of parents who do not have status. This amendment replaces the cutoff with the one-parent rule, allowing anyone with status under the Indian Act to pass their legal identity and rights on to their children. However, after the amendment was introduced, Indigenous Services Canada minister Mandy Gull-Masty was adamant about consultation before moving forward. It’s a move Palmater called “enraging”. “Consultations on this issue have been happening for 40 years,” Palmater said. “This is a circumstance where they are weaponizing consultation. They’re using it as an excuse to justify ongoing delays, and that’s very problematic.” Palmater said the proposed amendment to Bill S-2 could see her grandkids get status. “[The amendment] means my grandkids would be in now,” Palmater said. “My grandkids are not disconnected. They have been born right into the Mi’kmaq culture.” But first, Bill S-2 must pass through a third reading in the Senate on Tuesday, followed by another round of scrutiny in the House of Commons. While Palmater is confident her grandchildren will get justice, she said they shouldn’t have to wait decades to receive it. “At the end of the day, they will get justice because First Nation women are powerhouse warriors,” Palmater said. “They will never stop.” Tune into the full conversation on your favourite podcast player. Continue Reading