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Decentralized Democracy

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.
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