Canada’s complicated “Indian status” regime, which has been around for nearly 150 years, continues to be a source of confusion and pain for Indigenous peoples. In an article published by the Winnipeg Free Press on July 25, 2025, investigative journalist Marsha McLeod spoke with JFK’s Claire Truesdale and other key advocates about the persistent discriminatory effects of the “second generation cut-off rule.” You can read the article here.
Under the Indian Act, some First Nations people are entitled to be registered as “status Indians.” The practical implications of status are significant: holding status can entitle a person to membership in their First Nation, to access non-insured health benefits, to receive funding for post-secondary education, to participate in First Nation elections, and to exercise Treaty rights, among other things. However, status is as much a tool of assimilation and control as it is a source of protection.
Forty years ago, the Indian Act was amended, splitting status into two categories: 6(1) and 6(2). As a result, it became harder for First Nations people to pass on status to their children. In short, if a person with 6(2) status decides to parent with a non-status person, their child will not be entitled to receive status. This is referred to as the “second generation cut-off rule,” because it decreases the number of status holders over time.
In McLeod’s article, Truesdale notes that the federal government has repeatedly failed to act with urgency. For years, First Nations advocates have been calling on Canada to eliminate the two-tier status regime. Truesdale explains how, despite acknowledging the continued discriminatory impacts of the second generation cut-off rule, Canada has failed to fix the problem.
While Canada’s status regime is deeply flawed, status can also be a source of rights, entitlements, and recognition. As such, JFK Law LLP helps clients apply for status, advises clients on status-related litigation, and publishes resources to help you understand this complex area of law. If you are interested in learning more about status, we encourage you to have a look at the following resources:
- Membership (and Status) Myths & Facts resource
- Bill S-2 and JFK Law’s Assistance with Status Applications
- The Problem with Indian Status, Part 1: So Who Gets Status Anyway? (Please note Bill S-3 has changed the law since this post was drafted)
- The Problem with Indian Status, Part 2: The Law (Please note Bill S-3 has changed the law since this post was drafted)
- The Problem with Indian Status, Part 3: Policy and Administration (Please note Bill S-3 has changed the law since this post was drafted)