What is Bill C-31?

C'est quoi la loi C-31 ?




Bill C-31 is a major amendment to the Indian Act adopted in 1985 by the Canadian government. Its main objective was to correct the discrimination based on Indian status enshrined in the previous legislation.

Why was Bill C-31 passed?

Before 1985, the Indian Act contained discriminatory provisions, particularly against Indigenous women. For example, a First Nations woman lost her Indian status if she married a non-Indigenous man, while Indigenous men retained their status even when marrying a non-Indigenous woman.

Bill C-31 was put in place to:

  • Restore the status of Indigenous women and their children .

  • Enabling First Nations to manage their own governance regarding membership .

  • Remove certain discriminatory rules related to the registration of registered Indians.

Key changes introduced by Bill C-31

1. Restoration of Indigenous Status

  • Women who had lost their status by marrying a non-Indigenous person were able to regain it .

  • Their children were also able to be registered as Registered Indians .

2. Creation of new status categories

Bill C-31 introduced two new categories of registered Indians:

  • Section 6(1) : Persons having full Indian status and being able to transmit that status to their children.

  • Section 6(2) : Persons with limited status, who can only transmit their status if they have a child with another person registered under section 6(1).

3. Greater autonomy for First Nations

The law allowed Indigenous bands to define their own rules for determining membership in their community, even if this did not always meet the criteria of the federal government.

Consequences and criticisms of Bill C-31

Positive consequences

  • Many people have regained their Indian status and associated rights .

  • It has enabled progress towards social justice and the recognition of the rights of Indigenous women.

Criticisms and limitations

  • The introduction of sections 6(1) and 6(2) created a form of generational discrimination .

  • Some Indigenous people find themselves without status because their parents do not meet the criteria to pass it on.

  • The increase in registrations has put financial pressure on programs and services intended for Indigenous peoples.

Conclusion

Bill C-31 marked a significant step forward in recognizing the rights of Indigenous women and in combating discrimination. However, its long-term effects continue to be debated within First Nations communities.

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