Indigenous Services Canada
- In 2018 and 2019, there was a collaborative consultation process on reform with First Nations. Input was received from over 650 participants, representing 395 First Nation communities and/or a tribal councils. The conclusion was that Canada should work with First Nations to proactively address issues related to registration and band membership provisions of the Indian Act.
- In 2019, An Act to amend the Indian Act in response to the Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général), Bill S-3, came into full force, eliminating various sex-based inequities in the registration provisions of the Indian Act.
- In 2020 the Final Report to Parliament on the Review of S-3 acknowledged that residual inequities still remained in the Indian Act. These included the impacts of a family history of enfranchisement on entitlement to registration, an inequity that exists to this day.
- In June 2021, on behalf of 16 individual plaintiffs, Juristes Power Law launched a Charter challenge seeking to end the inequities and exclusion faced by families descended from forebears who were enfranchised under earlier versions of the Indian Act. This is referred to as the Nicholas v. AGC civil claim.
- In March 2022, the litigation was placed in abeyance, in order to allow the parties to pursue an out of court legislative solution to end the ongoing impacts of enfranchisement.
- The Department held over 50 virtual engagement sessions, which included more than 300 participants, from August to December 2022.
- Further consultation with First Nations, Indigenous organizations who represent non-status First Nations, and other interested or impacted individuals, will be required to co-develop options to address the broader suite of remaining issues in the registration and band membership provisions of the Indian Act.
- On January 6, 2025, Bill C-38 died on the Order Paper, following Parliament dissolution due to the election.
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