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First Nations Citizenship

First Nations Citizenship – A Fiscal Perspective

Canada must engage with Manitoba First Nations on a Nation-to-Nation basis, respecting the Honour of the Crown and the Treaty relationship by recognizing self-governance over citizenship in their Nations.

AMC Alternative Budget (2023)

First Nations Citizenship in Canada: A Brief Overview

First Nations in Canada hold an inherent right to determine their own citizenship, a fundamental aspect of their nationhood. Long before the Indian Act, First Nations had established their own systems and criteria for determining citizenship, rooted in their political and legal traditions. Treaties affirm the nationhood of First Nations peoples, recognizing their distinct status within the broader Canadian context.

In colonial times, the definition of “Indian” (1850–1867) was broad and generally gender-neutral, focusing on familial, social, and tribal ties. However, the power to determine who was considered “Indian” shifted to government control starting in 1869. The Gradual Enfranchisement Act of 1869 and the Indian Act of 1876 introduced a narrower, sex-based definition, particularly emphasizing patriarchal descent rules. These laws also established a system of governance that sought to control and assimilate First Nations into Canadian society by regulating aspects of identity, including membership and status.

In 1951, the Indian Act was amended to create a centralized Indian Register and the position of the Indian Registrar, whose role was to decide who was considered “Indian” under the law. The amendments cemented gender-based criteria for status and membership, reinforcing federal control over registration and band membership. Notably, First Nations were not recognized as Canadian citizens until the Citizenship Actof 1956, which applied only to First Nations men, further complicating the definition of “Indian.”

Following the passage of the Canadian Charter of Rights and Freedoms in 1982, the Canadian government was pushed to address gender discrimination in the Indian Act. The passage of Bill C-31 in 1985 allowed First Nations women who had married non-registered individuals to regain their status and pass it on to their children. However, the law continued to empower the federal government to control status determination while allowing First Nations to create their own membership criteria.

With the immediate registration of over 174,000 individuals under Bill C-31, funding pressures mounted on Band Councils to provide programs and services to a growing membership. This influx of new registrants sparked fears among First Nations leaders that it would strain resources and weaken cultural ties, leading the Canadian government to implement the 6(1) and 6(2) rules, which gave rise to the second-generation cut-off issue that still impacts First Nations communities today.

In 2007, the United Nations Declaration on the Rights of Indigenous Peoples(UNDRIP) was adopted, marking a milestone in global Indigenous rights. Canada initially voted against the adoption of UNDRIP but fully endorsed it in 2016. In the years that followed, legal cases such as McIvor v. Canada (2009) and Descheneaux v. Canada (2015) have challenged the limitations of the Indian Act’s citizenship provisions, pushing for recognition of membership based on First Nations’ traditions rather than colonial laws.

Bill S-3, which passed in 2017, aimed to correct sex-based inequities in Indian Act registration. As part of Canada’s ongoing efforts to address the Indian Act’s shortcomings, Canada is now consulting on broader issues around Indian registration, band membership and First Nations citizenship through its current Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds.

The United Nations Declaration on the Rights of Indigenous Peoples Act (UNDA) became law on June 21, 2021. The Canadian government has committed to a 2023–2028 Action Plan to align federal laws with UNDRIP’s principles, including measures to address discrimination in the Indian Act’s registration and membership provisions. With regards to First Nations citizenship, the UNDA Action Plan states that the Government of Canada will take the following Action Plan Measures (APMs) in consultation and cooperation with First Nations:

  • APM 2.7: Support the adoption of Bill C-38, which seeks to address discrimination in the registration and membership provisions of the Indian Act. (Indigenous Services Canada)
  • APM 2.8: Co-develop a collaborative consultation process on a suite of broader reforms relating to registration and band membership issues, prior to any transition away from the Indian Act.
  • This includes to consult, cooperate and effectively engage with First Nations women to eliminate remaining gender-based issues.
  • Canada recognizes that the Indian Act is a colonial-era law designed to exert control over the affairs of First Nations, and as such, the Act will never be fully aligned with the UN Declaration. For Canada’s laws to fulfill the UN Declaration, the Indian Act must be repealed.
  • The government is seeking to make the Act’s registration and band membership provisions more consistent with the UN Declaration, until a clear consensus on a way forward on comprehensive change or the Act’s repeal is possible. (Indigenous Services Canada)
  • APM 2.9: Consult First Nations and other impacted Indigenous groups to support the co-development of opt-in alternatives to Indian Act registration and membership (First Nation citizenship). This will include a broad spectrum of Indigenous demographic groups, such as women, girls and 2SLGBTQI+ people, Elders, Treaty groups, etc. (Crown-Indigenous Relations and Northern Affairs Canada; Indigenous Services Canada)

Why First Nations Citizenship Matters in Manitoba

First Nations in Manitoba, like those across Canada, possess inherent jurisdiction over citizenship matters. The Assembly of Manitoba Chiefs emphasizes that Canada must engage with Manitoba First Nations on a Nation-to-Nation basis, recognizing their self-governance over citizenship in line with Treaty agreements. Canada’s definition of “Indian” under the Indian Act has undermined this jurisdiction, contributing to significant loss of status entitlements for First Nations citizens, for example, the de-listing of the Arrows Lake Band, part of the Sinixt Nation in British Columbia.

In Manitoba, the impact of the 6(2) rule (also known as the “second-generation cut-off”) is severe, with membership rates as low as 15% for some First Nations and as high as 45% for others. The looming threat of continued erosion of First Nations citizenship under the current Indian Act system leaves little room for delay in transitioning to First Nations-led governance of citizenship matters.

Loss of status has profound consequences, including undermining Treaty rights, loss of federal funding for on-reserve programs, and the risk of Treaty and Reserve lands being reclassified as Crown land. Given these realities, First Nations in Manitoba urgently seek recognition of their inherent jurisdiction over citizenship and membership.

History of AMC’s Advocacy on Citizenship

The AMC has long been at the forefront of advocating for First Nations’ jurisdiction over citizenship matters. In 1971, the AMC published Wahbung: Our Tomorrows, which argued that decisions regarding membership should rest with First Nations and called on Canada to respect this autonomy. Despite the absence of a formal response from Canada, the AMC continued its work.

In 1999, AMC signed the Framework Agreement Initiative to dismantle the Department of Indian Affairs and Northern Development (DIAND) and restore jurisdiction to First Nations in Manitoba. However, these negotiations were halted in 2007 due to Canada’s lack of political will to address First Nations’ concerns regarding citizenship.

In 2011, AMC established the Chiefs Committee on Citizenship (CCOC) to advance First Nations’ self-determination in matters of citizenship. That year, AMC passed two key resolutions emphasizing the need for Canada to engage with First Nations on a Nation-to-Nation basis and the requirement for adequate resources for the implementation of Bill C-3. These actions laid the groundwork for future citizenship reforms.

In 2018, AMC received funding to host a regional workshop focused on First Nations citizenship. This workshop aimed to co-design a collaborative process for comprehensive consultations with AMC member First Nations. As part of this process, AMC produced a final report that included findings and recommendations, such as the development of citizenship laws by each First Nation, the establishment of a working group, and the implementation of an accountability mechanism. AMC also proposed a funding request to the Government of Canada to support First Nations consultations on citizenship, which ultimately went unanswered.

In 2023, the AMC Chiefs in Assembly passed Resolution AUG-23.01 on First Nations Citizenship. AMC submitted a proposal to Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC) to work on regional citizenship issues, including traditional dispute resolution mechanisms, template citizenship laws, and the removal of expiration dates on Status Cards. However, Canada did not fund the proposal, citing that similar work was being undertaken through the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) Action Plan.

In 2024, the AMC reactivated the Chiefs Committee on Citizenship (CCOC) to advance its position on First Nations citizenship and self-determination. Alongside this, AMC initiated the Citizenship Working Group to provide technical expertise and continue working on the development of First Nations citizenship laws, independent of the Indian Act. In 2025, AMC hosted the “Reclaiming Our Identity: Advancing First Nations Citizenship and Self-Determination Forum,” further solidifying its mandate to support member First Nations in the development of their own citizenship frameworks.

AMC’s position remains clear: First Nations must be allowed to reclaim control over their citizenship and membership processes. While Canada has taken some steps to address the discrimination inherent in the Indian Act, AMC continues to push for a process that recognizes First Nations’ rights to determine their citizenship independent of colonial frameworks.

AMC’s Current Work on Citizenship

As of 2024, the Chiefs Committee on Citizenship (CCOC) was re-activated to oversee the AMC’s approach to First Nations citizenship. There are six Chiefs on the CCOC:

  • Chief Maureen Brown (Chair), Opaskwayak Cree Nation
  • Chief Gordon Bluesky, Brokenhead Ojibway Nation
  • Chief Murray Clearsky, Waywayseecappo First Nation
  • Chief Heidi Cook, Misipawistik Cree Nation
  • Chief Lisa Young, Bloodvein River First Nation
  • Chief Angela Levasseur, Nisichawayasihk Cree Nation

A Citizenship Working Group (CWG) was convened in 2025 to provide technical expertise on the development of First Nations citizenship laws. There are eight members on the CWG:

  • Beverley Paul, Lake Manitoba First Nation
  • Dolly Peters, Fox Lake Cree Nation
  • Jennifer Bloomfield, War Lake First Nation
  • Kylene Sumner, Pinaymootang First Nation
  • Leah McPherson, Peguis First Nation
  • Lisa Cameron, Swan Lake First Nation
  • Lorne Cochrane, Fisher River Cree Nation
  • Suzanne McKay, Berens River First Nation

AMC developed a First Nation Citizenship Working Group Proposal in 2024. This proposal, submitted to Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), aimed to inform the development of proposed changes to the Indian Act in relation to Indian registration, Band membership, and First Nations citizenship. The proposal outlines three main areas of focus:

  1. Federal Recognition Vehicles: This section of the proposal focuses on identifying federal recognition vehicles that can acknowledge First Nations’ inherent jurisdiction over citizenship. It seeks to propose new frameworks for how Canadian laws and Indigenous laws concerning First Nations citizenship can coexist. It also addresses the potential for “opt-in” mechanisms for First Nations wishing to maintain the status quo under the Indian Act, while also considering how to address the historical disenfranchisement of those who have lost their status due to Canada’s registration system.
  2. First Nation Citizenship Entities: This part of the proposal emphasizes the need to develop First Nation-led entities responsible for managing First Nations citizenship and identity verification. These entities would replace the current Indian Act Registrar system, providing First Nations with control over their own systems of registration. Additionally, the proposal includes the development of citizenship law templates and mechanisms for resolving disputes related to unauthorized claims to First Nations identity.
  3. Funding and Fiscal Arrangements: The proposal outlines a need for capital transfer amounts and funding models that can adequately support the work needed to transition from the Indian Act to First Nations-led citizenship models. This section includes proposals for per capita funding models to support the development of First Nations citizenship laws and the creation of alternative forms of identification, such as Treaty First Nations citizenship cards to replace Indian Status Cards.

The final report of the First Nation Citizenship Working Group Proposal is expected to be submitted to CIRNAC by May 31, 2025, and it will provide important recommendations for future changes to the Indian Act and the establishment of self-governing First Nations citizenship frameworks.

AMC has continued to press for a process that respects First Nations’ sovereignty over their citizenship and identity, while pushing for federal recognition of First Nations-directed citizenship models.

Indigenous Services Canada (ISC) Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds

ISC is currently consulting First Nations across the country on resolving Indian Act issues related to the Second-Generation Cut-off and Section 10 Voting Thresholds. To undertake this work, ISC is currently offering up to $10,000 per First Nation for single-issue proposals that focus on one of the issues, and up to $20,000 is available for proposals that address both issues. Initial proposals are due March 14, 2025, and final reports are due May 2, 2025.

AMC has remained firm in its mandate to increase AMC member First Nations self-determination over citizenship matters rather than “fix” the Indian Act. At the same time, AMC also recognizes this funding as a potential avenue for First Nations to assert their inherent self-determination over citizenship matters. To support AMC member First Nations, the AMC Secretariat has provided information, draft proposal and budget templates, and funding application support to AMC member First Nations.

Relevant AMC Resolutions

The AMC has passed a number of important resolutions over the years that have shaped the direction of First Nations citizenship advocacy and self-determination. These resolutions have helped to affirm the inherent rights of First Nations people to determine their own citizenship processes and the continued push for reforms to the Indian Act.

  • AMC Resolution OCT-11.06, First Nations Citizenship and Bill C-3: This resolution affirms that First Nations have never relinquished their jurisdiction over citizenship, despite the imposition of the Indian Act. It highlights the ongoing intrusions of Canada, particularly the discriminatory practices embedded in sections 6(1) and 6(2) of the Indian Act, and calls on Canada to remove these categories and the “second generation cut-off rule,” which has further limited the number of individuals eligible for status.
  • AMC Resolution OCT-11.07, Manitoba First Nations Citizenship Legislation: This resolution asserts that the Indian Act has been used to advance Canada’s assimilation agenda, and First Nations in Manitoba have never consented to this imposition. It calls for the recognition of self-determination in line with the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) and advocates for the creation of Manitoba First Nations Citizenship Recognition Legislation that respects First Nations’ right to define and regulate their own citizenship.
  • AMC Resolution AUG-23.01, First Nations Citizenship: This resolution directs AMC to continue working with the Chiefs Committee on Citizenship and Elders/Knowledge Keepers from AMC member First Nations to develop traditional dispute resolution mechanisms and template citizenship laws. It further calls for AMC to partner with Indigenous Services Canada (ISC) to work on measures outlined in the UNDRIP Action Plan related to citizenship.
  • AMC Resolution FEB-24.10, Implementation of the United Nations Declaration on the Rights of Indigenous Peoples Act: This resolution emphasizes the need to ensure that the UNDRIP Action Plan is fully implemented and that Canada’s federal laws align with the objectives of the Declaration. AMC has committed to leading regional discussions on how the Action Plan can inform First Nations’ approaches to citizenship, with the goal of ensuring federal laws uphold the principles of Indigenous self-determination.

Relevant AFN Resolutions

ISC Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds Resources

Further Reading

Endnotes

  1. Wahbung: Our Tomorrows (1971).
  2. Framework Agreement Initiative (1999).
  3. Collaborative Process on Indian Registration, Band Membership, and First Nations Citizenship: Report to Parliament (2019).

Contact

For questions pertaining to citizenship, please contact AMC’s Citizenship Policy Analyst, Taylor Arnt, at tarnt@manitobachiefs.com.

For assistance pertaining to your First Nation’s proposal to the Indigenous Services Canada (ISC) Collaborative Process on the Second-Generation Cut-off and Section 10 Voting Thresholds, please contact AMC’s Innovation and Fund Development Specialist, Erin Egachie, at eegachie@manitobachiefs.com