Honourable senators, I rise today to speak at second reading as the critic of Bill S-2, An Act to amend the Indian Act (new registration entitlements).

The measures proposed in Bill S-2 address long-standing inequities in the Indian Act — inequities that have harmed Indigenous peoples for generations.

Bill S-2 focuses on four main areas. First, it addresses the issue of enfranchisement — a policy that allowed, or more often coerced, First Nations to give up their status in exchange for the rights of Canadian citizenship. Until 1985, this policy stripped not just individuals but also their spouses and descendants of the legal recognition as Indians under the Indian Act. The result was not just exclusion from the Indian Register but also from one’s community, culture and homeland.

Bill S-2 aims to ensure that individuals with a family history of enfranchisement will be entitled to registration in the same way as those whose families were never enfranchised. This alone is a significant and necessary correction.

Second, the bill creates a new process that allows individuals to voluntarily remove themselves from the Indian Register — something that has never been formally possible under the current law. Bill S-2 fills this gap by respecting individual choice and self-determination. Those who choose to deregister will still have the option to reapply in the future if they wish to regain their status. The bill intends that such a decision will not have negative consequences for their children or future descendants, whose eligibility for registration remains fully protected.

Third, the bill provides a path for women’s reaffiliation with their natal band. This is particularly meaningful for First Nations women and their descendants who, prior to 1985, lost their band affiliation upon marrying someone from another band. The law transferred them to their husband’s band, regardless of their wishes. Even in cases of divorce, death or separation, these women and their children were often left with no way to return to their original communities. Bill S-2 allows for a re-establishment of community ties that were severed by paternalistic and outdated policies. Fourth and finally, the bill removes derogatory language from the Indian Act, specifically the references to “mentally incompetent Indians.” This is an important step in modernizing the language of the act to reflect dignity, accuracy and respect.

Bill S-2 builds upon a series of prior legislative efforts aimed at addressing inequities in the Indian Act.

Bill C-3, which passed in 2010, responded to the McIvor decision and addressed specific gender-based discrimination. Bill C-3 extended status to the grandchildren of women who had lost status through pre-1985 marrying out rules.

Then came Bill S-3 which aimed to eliminate all known sex-based inequities in registration. That bill was the product of many years of advocacy and was championed in this chamber by senators who worked tirelessly to ensure its passage.

Bill S-2 builds on the legacy of these previous bills. It moves us further down the path of correcting past wrongs.

It is important to recognize the voices of those who brought us to this point. The Nicholas v. Canada (Attorney General) case of the Supreme Court of British Columbia, which was filed June 2021, challenged the constitutionality of the lingering effects of enfranchisement. The plaintiffs in that case made a compelling argument: The law, even after Bill S-3, continued to treat some descendants of enfranchised individuals differently, violating section 15 of the Charter.

On March 3, 2022, First Nations families and the federal government agreed to pause the litigation and allow Parliament the opportunity to address the issue through legislation rather than through the courts. In response, the government introduced Bill C-38. Unfortunately, that bill never progressed beyond second reading in the House of Commons. It died on the Order Paper, and now, more than three years later, we are once again at the starting line, working to get this legislation moving forward.

This delay is profoundly unfair to the thousands of individuals who have waited patiently in good faith while the government promised legislative action. That promise has yet to be fulfilled. Justice delayed, in this case, has meant continued exclusion from identity, recognition and community. That is unacceptable.

While the bill sets out to achieve important objectives, its impact will only be meaningful if those changes are implemented and felt in the daily lives of those it seeks to support.

There are some concerns about implementation. If Bill S-2 passes, thousands of people may become newly eligible for registration. That is a positive development, but it comes with real demands. Band governments will need support. Indigenous Services Canada must be equipped to process applications in a timely and fair manner. Health, education and other services must be ready to meet the needs of new members.

Yet implementation remains a significant challenge. A 2025 report from the Auditor General revealed that over 80% of registration applications exceeded the department’s six-month service standard. As of March 2024, nearly 12,000 applications were backlogged, almost 1,500 of them delayed for more than two years, including hundreds flagged as high priority.

Alarmingly, a review of registration files found that in 58% of cases, the department could not provide documentation proving that the officials who made the decisions had completed the required training and certification. More broadly, the Auditor General found that the department does not systematically track or monitor whether or not registration decision makers are properly qualified.

The report also found that the funding model for community-based registration administrators has not been updated since 1994. One third of First Nations receive only the minimum funding, equivalent to less than one day of work per week. Trusted source organizations, which support urban applicants, must reapply annually for funding, undermining stability. These gaps jeopardize the integrity of the registration process and the rights of those seeking recognition.

As we move toward the passage of Bill S-2, the government must do more than amend the law. It must ensure that the rights it affirms can be realized in practice consistently, equitably and with dignity.

At its core, this legislation is also about self-determination. True reconciliation is not just about repairing past harms; it is about restoring agency. That means giving First Nations and First Nations individuals greater control over their identity, their governance and their future. The changes in Bill S-2 — whether restoring status, allowing for voluntary deregistration or reconnecting individuals with their natal bands — are ultimately about recognizing that Indigenous peoples must have the authority to define who they are and how they belong.

Honourable senators, I support this bill because it seeks to correct historical wrongs and affirms fundamental principles of equality. However, I also support it with the clear-eyed understanding that it is not a finish line. Bill S-2 is one step — an important and overdue one — on a much longer journey to dismantle the discriminatory and outdated structures embedded in the Indian Act. It addresses one aspect of a legal framework that for too long has failed to reflect the values of inclusion, respect and reconciliation.

That is why I encourage its timely passage, not as an endpoint, but as part of a broader and ongoing legislative process. While this bill does not resolve all outstanding issues, it represents meaningful progress. Further work will be needed, but this is a principled and necessary step for us to take.

Thank you.