AMENDMENTS TO THE INDIAN ACT UNDER ENTITLEMENT AND REGISTRATION OF INDIANS

 

Bill S-3 is the new Act in the Indian Act, whereas, the Descheneaux Case received Royal Assent on December 12, 2017 and now is in effect for members that could-not register their children because of the cut-off of status entitlement.

Bill S-3 will allow mothers/fathers with children and other non-status peoples to make application under the new amendments for Entitlement and Registration of status.

  • Bill S-3 eliminates the differential treatment of grandchildren and great-grandchildren of women who married a non-Indian man before April 17th, 1985.
  • Bill S-3 Corrects the differential treatment of male and female children of Indian men that were born out of wedlock from September 4th, 1951 to April 17th, 1985.  the Indian Act did not consider female children and therefore they were not entitled to be registered until the Bill C-31.
  • Bill S-3 corrects situations of Indian children born to Indian parents who were not married, or Indian children born to an Indian mother and the Indian mother married a non-Indian man and were removed from the Indian Register prior to April 17th, 1985. Upon reinstatement, the “omitted minor” children were unable to transmit status to their own children, however there was no impact on children of men who married non-Indian woman.

Both grandchildren and great-grandchildren of those that enfranchised on their own or lost their status and then became entitled through the Bill C-31 (1985), Bill C-3 (2011), are now entitled for status under the  Bill S-3.

Bill S-3 has given women equal right to pass on their status as men.

If any of this applies to you, please contact Lorrie Hogaboam or Audrey Wilson with Membership Services. 250-768-0227