SoVote

Bill C-38

44th Parl. 1st Sess.

March 22, 2024

Bill C-38 is a proposed law that seeks to amend the Indian Act in Canada. The purpose of the bill is to address the challenge to certain provisions of the Indian Act under the Canadian Charter of Rights and Freedoms, specifically in the case of Nicholas v. Canada (Attorney General). The bill provides new entitlements to registration in the Indian Register for certain individuals, as well as the right to have their names entered in a Band List maintained by the Department of Indigenous Services. The bill also includes amendments regarding the definition of mentally incompetent Indians, provisions that apply to all band members, application for removal from the Indian Register, entitlements for individuals whose names were omitted or deleted from the Indian Register before September 4, 1951, powers of the Minister in relation to dependent persons, and additional membership rules for married women.

One steelman argument in favor of Bill C-38, An Act to amend the Indian Act (new registration entitlements), is that it addresses the challenge of certain provisions of the Indian Act being found unconstitutional under the Canadian Charter of Rights and Freedoms in the court case Nicholas v. Canada (Attorney General). This amendment provides new entitlements to registration in the Indian Register for individuals who were previously excluded or removed from the list, ensuring that their rights are protected and recognized. Additionally, the amendment grants these individuals the right to have their names entered in a Band List maintained by the Department of Indigenous Services. This will help to rectify historical injustices by recognizing and affirming the Indigenous identity of those previously excluded or denied recognition. By amending the Indian Act, this legislation takes a step towards reconciliation and upholding the rights and

One potential steelman argument opposing Bill C-38 could be that the new entitlements to registration in the Indian Register and Band List may have unintended consequences and create challenges for the administration of indigenous affairs. 1. Complexity and administrative burden: Implementing new registration entitlements could significantly increase the administrative burden on Indigenous Services and Band administrators. It may require additional staff, resources, and infrastructure to handle the increased volume of registrations and maintain accurate records. 2. Potential for disputes and conflicts: Expanding registration entitlements could lead to disputes and conflicts within indigenous communities. There may be disagreements over the criteria for eligibility and the inclusion of certain individuals in the Band List. This could strain relationships within and between communities. 3. Dilution of resources and benefits: Extending