Indian Status and Band Membership Issues

5 Pages 1294 Words

INDIAN STATUS AND BAND MEMBERSHIP ISSUES


INTRODUCTION
Historically, entitlement to Indian status and Indian band membership have been complex and controversial issues. The legal definition of the term “Indian” has brought with it certain benefits and eligibility for federal programs, as well as a history of limitations on rights.(1) Disputes over the definition of Indian status, the authority to determine band membership, and access to rights tied to status and membership have given rise to conflicts between Indian bands and governments, and within Indian communities.

In 1985, amendments to the Indian Act (Bill C‑31)removed a number of discriminatory provisions from the Act. One result has been a significant increase in the size of the status Indian population. The changes also increased band control over membership and other aspects of community life. While eliminating some problems, in the ensuing decade the amendments introduced a number of new political, social and financial issues for Indian communities. In recent years, membership-related disputes, often tied directly to Bill C‑31, have resulted in a number of significant court cases.

A consideration of these issues also raises broader questions about the changing nature of the Indian population in Canada, the rights of individuals and communities, and the power to determine membership under self-government arrangements.

This paper examines some of the current issues surrounding Indian band membership. It surveys Indian Act provisions regarding status and band membership and the changes introduced through Bill C‑31. The paper then discusses some of the consequences of that bill and outlines subsequent court cases that focused on band membership and associated rights. The final section of the paper discusses the implications of the resulting judgments and comments on membership issues in the context of self-government for Indian commun...