OTTAWA, ONTARIO – The Canadian government is advancing legislative changes aimed at rectifying what it describes as "long-standing inequities" within the Indian Act, a cornerstone of federal policy governing First Nations for over a century.
On September 24, 2025, the Minister of Indigenous Services, Mandy Gull-Masty, announced the introduction of Bill S-2, An Act to amend the Indian Act (new registration entitlements). The proposed legislation is presented as a critical step in addressing discriminatory registration provisions that have disenfranchised thousands of First Nations individuals and their families.
Core Objectives of Bill S-2
According to the government's statement, the bill has several key objectives:
- Restoring Entitlement: The primary aim is to restore Indian Act registration status to individuals and their descendants who lost it through a process known as "enfranchisement." Historically, enfranchisement could be involuntary and was used as a tool to assimilate Indigenous peoples by stripping them of their legal Indian status, often for reasons such as obtaining a university degree, becoming a professional, or, for women, marrying a non-status man.
- Recognizing Natal Community Membership: The bill would explicitly recognize an individual's right to membership in their natal community—the community to which they have ancestral ties—even if they or their ancestors were previously enfranchised.
- Modernizing the Act: The legislation would remove outdated and offensive language that remains in the Indian Act, a move symbolic of the government's intent to modernize its relationship with First Nations.
- Introducing Voluntary Deregistration: In a shift towards self-determination, the bill would, for the first time, give individuals the choice to voluntarily deregister from the Indian Register if they so wish.
Driven by Litigation and a Court Deadline
The government's urgency is partly driven by active litigation. Bill S-2 is a direct response to the Nicholas litigation before the British Columbia Supreme Court, which challenges ongoing inequalities in the Indian Act's registration provisions as a violation of Section 15 (equality rights) of the Canadian Charter of Rights and Freedoms.
In August 2025, the court granted Parliament an extension until April 2026 to pass the necessary legislation. This timeline pressures the government to move forward while allowing for what it calls an "inclusive and thoughtful" process.
The government estimates that these amendments will make approximately 3,500 people newly eligible for registration under the Indian Act.
Acknowledging a Broader Reform Agenda
Minister Gull-Masty's statement acknowledges that Bill S-2 is not a comprehensive solution to all the problems embedded in the Indian Act. It specifically highlights two other complex issues that remain on the government's agenda:
- The Second-Generation Cut-Off: A rule that can prevent grandchildren from gaining status if both of their parents have only one status Indian parent themselves, potentially leading to the gradual erosion of status populations over generations.
- Section 10 Voting Thresholds: Provisions related to the creation of new Bands and the management of Band membership.
The government has committed to addressing these through a separate "Collaborative Process" with First Nations partners, inviting proposed solutions in the months ahead.
A Step on the Path to Self-Determination
In her statement, Minister Gull-Masty recognized the "profound and lasting impacts" of the Indian Act's inequities. She framed Bill S-2, and all amendments to the Act, as "important milestone[s]" on the path to supporting First Nations self-determination.
The bill will now undergo the parliamentary process, where it will be debated and studied by committees in both the Senate and the House of Commons before it can be passed into law, all under the watchful eye of the court's April 2026 deadline.
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