Minister signals go-slow approach to removing 2nd-generation cut-off from Indian Act

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Minister signals go-slow approach to removing 2nd-generation cut-off from Indian Act

PoliticsIndigenous Services Minister Mandy Gull-Masty says the Assembly of First Nations sent a strong signal to her government to end the second-generation cut-off in the Indian Act, but her government won’t make that change without broad consultations with leaders.AFN chiefs voted to support changing status eligibilityAlessia Passafiume · The Canadian Press · Posted: Dec 08, 2025 6:25 PM EST | Last Updated: December 8Listen to this articleEstimated 4 minutesThe audio version of this article is generated by text-to-speech, a technology based on artificial intelligence.Minister of Indigenous Services Mandy Gull-Masty is seen speaking at the Assembly of First Nations (AFN) special chiefs assembly in Ottawa last week. (Justin Tang/The Canadian Press)Indigenous Services Minister Mandy Gull-Masty says the Assembly of First Nations sent a strong signal to her government to end the second-generation cut-off in the Indian Act, but her government won’t make that change without broad consultations with leaders.At a special assembly in Ottawa last week, First Nations chiefs voted to support Senate amendments to a government bill that would expand eligibility under the Indian Act by eliminating the second-generation cut-off — which prevents individuals from registering for status under the law if they have a parent and a grandparent who did not have status.The resolution, which passed by consensus during the Assembly of First Nations gathering in Ottawa, also calls on Ottawa to commit to increased funding to offset costs to their communities for absorbing new members.The AFN works as an advocacy body for 600 First Nations chiefs who attend biannual meetings to discuss issues and pass resolutions directing the executive committee on how to lobby governments.WATCH | Carney’s budget a ‘setback’ with First Nations, AFN national chief says:Carney’s budget a ‘significant setback’ with First Nations, AFN national chief saysAssembly of First Nations National Chief Cindy Woodhouse Nepinak, speaking at a national meeting in Ottawa on Tuesday, said the Liberal government’s fall budget was a chance to build back some trust with First Nations after the government ‘rammed through’ major projects legislation ‘without consultation.’It is not a rights-holding institution — and while every chief has the opportunity to attend its gatherings, some choose not to.Chiefs in Alberta, for example, do not have a regional representative on the AFN executive committee, though some chiefs from that province participate in AFN-led events.Mi’kmaw Liberal MP Jaime Battiste previously told The Canadian Press the government would need to get buy-in for Indian Act changes from First Nations through the AFN.Several resolutions from previous AFN gatherings have also called for the removal of the second-generation cut-off.Gull-Masty, who spoke to chiefs about the second-generation cut-off the day before the vote, told The Canadian Press Monday she has a “legal and constitutional obligation” to consult with chiefs and ask them to suggest alternatives.Liberal MP Jaime Battiste previously told The Canadian Press the government would need to get buy-in for Indian Act changes from First Nations through the AFN. (Justin Tang/The Canadian Press)She said she is “still thinking through” the resolution and conversations she had on the issue with chiefs during the three-day AFN gathering.Bill S-2, introduced in the Senate with support from the Liberal government, was drafted to eliminate some gender inequities in the Indian Act and allow about 6,000 people to become eligible for Indian status.Senators amended the legislation to remove the second-generation cut-off, which came from a 1985 amendment to the Indian Act.Communities at risk due to cut-off, chiefs sayThat cut-off, say some chiefs, could leave their communities with no federally recognized members in the next generation — essentially eliminating their rights as a distinct people.Gull Bay First Nation Chief Wilfred King, speaking in support of the resolution at the AFN gathering, said the people who would become eligible for status once the second-generation cut-off is ended are not unknown to their communities.”We’re talking about people that are connected to our community. We’re talking about people that are directly related to members of chief and council, members of the community,” he said.”These are not strangers. These are our people.”Gull-Masty said she doesn’t think the Senate should be changing the legislation without the House of Commons’ involvement and before consultations with First Nations.She said as a Cree woman administering legislation that gives the federal government control over the lives of First Nations peoples, she understands the concerns chiefs have with the law in its current form.Sen. Paul Prosper, who helped amend the legislation in the Senate’s Indigenous Peoples committee, told the assembled chiefs that the witnesses his colleagues heard from were almost unanimous on the need to repeal the second-generation cut-off.He said some politicians see changes to status eligibility as more of a financial concern than anything else, since per-capita funding in First Nations would need to increase if more members are recognized by the federal government.

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