What is Bill C-31?

Bill C-31 is a major amendment to the Indian Act passed in 1985 by the Canadian government. Its primary objective was to correct the discriminations related to Indian status embedded in 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 would lose her Indian status if she married a non-Indigenous person, while Indigenous men retained their status even if they married a non-Indigenous woman.

Bill C-31 was implemented to:

• Reinstate the status of Indigenous women and their children.

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

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

Main changes brought by Bill C-31

1. Reinstatement of Indigenous status

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

• Their children could also be registered as Status Indians.

2. Creation of new status categories

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

• Section 6(1): Individuals with full Indian status who can transmit this status to their children.

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

3. More autonomy for First Nations

The law allowed Indigenous bands to define their own rules for determining community membership, even if these did not always align with federal government criteria.

Consequences and criticisms of Bill C-31

Positive consequences

• Many individuals regained their Indian status and associated rights.

• It represented a step towards social justice and the recognition of Indigenous women's rights.

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 transmit it.

• The increase in registrations placed financial pressure on programs and services for Indigenous peoples.

Conclusion

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