The B.C. Supreme Court has set a deadline of April 2026 for the Canadian government to amend the Indian Act in alignment with the Charter of Rights and Freedoms. This decision follows a successful legal challenge by descendants of individuals who relinquished their status under the law.
The court found that certain provisions of the act, which withheld status from individuals with a “family history of enfranchisement,” violated the plaintiffs’ Charter rights. The ruling noted that the registration rules of the act perpetuated discrimination associated with enfranchisement by depriving individuals of the benefits of Indian status based on their family background.
Ryan Beaton, a lawyer involved in the case, shared that the ruling, which came eight years after his initial meeting with one of the plaintiffs, Sharon Nicholas, marks a significant milestone. Nicholas’ grandfather renounced his status in 1944 to prevent his children from attending residential schools, leading to a generational loss of status for his descendants.
In addition to this ruling, a class-action lawsuit filed recently in Federal Court seeks redress from the Canadian government for the lost benefits stemming from the denial of status under the Indian Act. The class potentially includes between 5,000 to 10,000 individuals. Beaton expressed satisfaction on behalf of Nicholas, highlighting her four-decade journey to reach this point.
The case took an unusual turn as the Canadian government acknowledged that the law, as it stood, conflicted with the Charter, a stance that spared the plaintiffs from a trial following the initial lawsuit in 2021. Beaton emphasized that the reasons for renouncing status varied, but the legislation resulted in descendants missing out on benefits like treaty settlement funds allocated to First Nations members.
Parliament has been given a ten-month period to revise the legislation in response to the court’s decision. Beaton anticipates a legislative solution that will have nationwide implications, not just limited to British Columbia, by the 2026 deadline set by the court.