Image taken from: https://amnesty.ca/features/canada-second-generation-cut-off-threatens-first-nations/
Part 2: Why does the “second-generation cut-off” matter?
Although Bill C-31 amended the Indian Act in 1985, many argue the 6(1)/6(2) system continues to reproduce gendered inequities by defining who can legally pass Indian status on to their children and grandchildren. Its impacts are deeply intergenerational, affecting identity, rights, self-determination, belonging, and family connections. For many Indigenous families, the 6(1/2) systems are not just policy issues, they structure a lived reality that is organized according to the legacy of colonial control over Indigenous identity and rights.
On May 12, 2026, the Union of British Columbia Indian Chiefs and the Indian Act Sex Discrimination Working Group held a virtual news conference to discuss technical advice provided by the United Nations Expert Mechanism on the Rights of Indigenous Peoples (EMRIP). EMRIP urges Canada to eliminate the rule because it continues to deny status rights, weaken cultural belonging, and produce assimilatory harms across generations. Even though governments have repeatedly cited consultation obligations,1 implementation, and administrative challenges2 as reasons for slow reform, critics argue these explanations function to validate inaction and ongoing delays3 that continue the injustice Sharon McIvor challenged decades ago.
Who is Sharon McIvor? Stay tuned for Part 3, where we highlight the advocacy and legal work of Sharon McIvor, who began challenging the discriminatory impacts of the Indian Act registration system more than 40 years ago through the landmark case McIvor vs. Canada.
Sources referenced in this post:
https://www.cbc.ca/news/indigenous/un-technical-advice-2nd-generation-cutoff-9.7197109
To learn more about how First Nations are responding to and engaging with the “second-generation cut-off,” check out the work being done by Cowichan Tribes: https://cowichantribes.com/member-services/indian-registry-and-band-membership/second-generation
