On March 11, 2010, the Government of Canada introduced proposed legislation to enhance Gender Equity in the Registration Provisions of the Indian Act.

Spurred by a civil lawsuit filed by Sharon McIvor and her son Jacob Grismer, the Court of Appeal for British Columbia ruled on April 6, 2009, that the Indian Act discriminates between men and women with respect to registration as an Indian, and therefore violates the equality provision of the Canadian Charter of Rights and Freedoms. The Court gave the Government until April 6, 2010, to amend those provisions.

If enacted by Parliament, Bill C-3   will ensure that eligible grandchildren of women who lost status as a result of marrying non-Indian men will become entitled to registration (Indian status) in accordance with the Indian Act.  No one will lose their Indian status as a result of these amendments.

History of the McIvor Decision

The Indian Act defines eligibility for Indian Status (i.e. Registered Indians). The Indian Register is the official record identifying all Status Indians in Canada.

Over the years, there have been many changes to the rules for deciding who is eligible for registration. Important changes were made to the Indian Act in 1985, when Parliament passed Bill C-31. These changes were intended to remove parts of earlier legislation that discriminated against women. The changes also gave First Nations the opportunity to control their own membership.

In April 2009, the Court of Appeal for British Columbia ruled in the case of McIvor v. Canada that certain registration provisions of the Indian Act are unconstitutional as they violate the equality provision of the Charter of Rights and Freedoms. The Court suspended its declaration of invalidity for 12 months - to April 6, 2010 - to give Parliament time to amend the Indian Act.

In order to comply with the Court of Appeal's decision and to avoid a legislative void in British Columbia, the Government of Canada is moving forward with a legislative process to amend the registration provisions of the Indian Act.

Following the launch of a discussion paper setting out the federal government's proposed legislative amendments to certain registration provisions of the Indian Act, INAC officials traveled throughout Canada to hold engagement sessions with national Aboriginal organizations, Aboriginal women's groups, and regional organizations. The purpose of these engagement sessions was to seek input from Aboriginal participants on Canada's preferred approach to moving forward with legislative amendments. A Report on the engagement process is available.

What Information is Available?

• News Release - Government of Canada Introduces Proposed Legislation to Bolster Gender Equity In the Registration Provisions of the Indian Act
  
  
• New Entitlement to the Indian Registration:  How Do the New Legislative Changes to the Indian Act Affect Me?
  
  
• Frequently Asked Questions
  
  
• Quick Facts

Explanatory Papers

• Proposed Amendments to the Indian Act Affecting Indian Registration
  
  
• Estimates of Demographic Implications from McIvor v. Canada
  
  
• Discussion Paper on Needed Changes to the Indian Act Affecting Indian Registration and Band Membership McIvor v. Canada
  
  

Court Decisions:

• Supreme Court of Canada's decision on application for leave to appeal, November 5, 2009  
  
  
• Court of Appeal for British Columbia's decision  
  
  
• Supreme Court of British Columbia's decision  
  
  

Engagement Process

• Report on the Engagement Process - August to November 2009
  
  
• Frequently Asked Questions - Engagement Process - Amendments to the registration provisions of the Indian Act As per the Court of Appeal for British Columbia's decision in the Sharon McIvor litigation
  
  
• August 24, 2009 Engagement Announcement
  
  

You May Also Be Interested In:

• The Indian Register
• Are you Eligible?
• How do you apply?

For more information, please contact:

Special Legislative Initiative
Resolution and Individual Affairs
Indian and Northern Affairs Canada
18^th Floor
10 Wellington Street
Gatineau, QC
K1A 0H4
Fax: 1-866-817-3977