More witnesses weighed in Tuesday on legislation that would make changes to registration under the Indian Act, including eliminating the second-generation cut-off.
Bill S-2, under consideration by the House of Commons’ Standing Committee on Indigenous and Northern Affairs, would restore Indian status to some descendants of those who were forced to give up status in exchange for basic rights, through a process called enfranchisement.
S-2 was amended by the Senate to also change the second-generation cut-off to a one-parent rule, meaning only one parent would be required to have status under the Indian Act in order to pass status onto their children.
Many want the legislation passed, but others argue it will uphold government control on who is allowed to be defined as First Nations and are calling for more consultation.
“After 150 years of forced assimilation and denial of rights, we are facing mathematical genocide before our eyes,” Marilyn Slett, elected chief of Heiltsuk First Nation and secretary for Union of British Columbia Indian Chiefs, told the committee.
“The discrimination and the violation of human rights is not a topic that we should be consulting on; it’s something that we should be moving on and acting on and this is why we’re here today.”
Carey Price, a member of the Ulkatcho First Nation and former NHL goalie for the Montreal Canadiens, told the committee that when he applied for status for his children they were denied due to the second-generation cut-off rule.
“I thought it should be pretty straightforward being that my cousin’s children are the exact same heritage and bloodline as my own,” said Price.
“I think it’s very unfair that my cousin’s kids can say they have their status card and mine don’t.”
Price is the son of Lynda Price, the former chief of Ulkatcho First Nation in B.C., who also testified before the committee. Both Lynda Price and her brother married non-status spouses, but Lynda Price married after 1985, when the second-generation cut-off was introduced.
Slett said eliminating the second-generation cut-off is supported by United Nations human rights bodies and has been called for by numerous First Nations across the country.
“This year not only marks the 150th anniversary of the Indian Act, but [Tuesday] is also Red Dress Day,” Slett said.
“The second generation cut-off impacts the maternal line sooner than the paternal line, reflecting a sex-based hierarchy rooted in the loss of status for women who married out.”
Jeremiah Johnson, council chief with Mohawk Council of Kahnawà:ke, said he continues to oppose Bill S-2, and said the bill continues original harms of the Indian Act.
“It does nothing to dismantle federal control around Indigenous identity,” said Johnson.
“Instead it reinforces it by continuing to assert that Canada has the authority to define who we are as First Nations.”
Bill S-2 as originally written would restore status to nearly 6,000 people. Senators say that number could be up to 225,000 with the added changes to the second-generation cut-off.
What is a status card?
“Unfortunately … these increases in registration, the increases in numbers, they don’t increase the funding sent to our community,” said Johnson.
“That’s quite a large burden to be put on a system that’s currently underfunded and is not meeting the needs of First Nations people currently.”
Indigenous Services Canada has said more consultations are needed on eliminating the second-generation cut-off and how that will impact First Nations.
Bill S-2 was introduced in the Senate in May 2025 in response to the Nicholas case, which found the act violated Charter rights of First Nations people lost their Indian status and their descendants. The amendment to change the second-generation cut-off was added in December.
Slett said Indian status still determines First Nations rights and entitlements, despite arguments that the bill must be delayed to uphold the duty to consult.
“You cannot have self determination if you have forced assimilation,” said Slett.
“Bands can still add qualification around membership even if the legislation changes to a one-parent rule, but bands currently cannot make a one-parent rule so long as legislation says a two-parent rule.”
The committee meets again to study Bill S-2 on Thursday.
