Senators amend legislation to make it easier to pass on First Nations status

Some senators and Indigenous community leaders said the bill didn’t go far enough.

On Tuesday, senators changed the legislation to eliminate what is known as the “second-generation cutoff,” opting instead for a one-parent rule that would allow First Nations status to be transferred to a child if one of their parents is enrolled.

The second-generation cutoff, which came from a 1985 amendment to the Indian Act, prevents individuals from registering for status under the Indian Act if they have a parent and a grandparent who did not have status.

Some First Nations chiefs have said the second-generation cutoff could leave their communities with no federally recognized members in the next generation — essentially eliminating their rights as a distinct people.

“I have listened carefully to the rich testimony from academics, community leaders, youth and First Nations grassroots. I’ve listened to the many chiefs across this country who have signed resolutions, testified and written letters,” Sen. Paul Prosper, who proposed the changes to the legislation, said in a media statement Tuesday.

“In particular, I have listened to the chiefs of Nova Scotia who unanimously called for these amendments and I have listened to the Mi’kmaw Grand Council who represent all Mi’kmaq across Mi’kma’ki that have all said the same message — the time to end the second-generation cutoff is now.”

The bill does not become law until it is passed in the House of Commons.

Mi’kmaw Liberal MP Jaime Battiste, a member of the House of Commons committee on Indigenous issues, had warned senators against the changes they made to the legislation on Tuesday.

He told The Canadian Press in October the senators shouldn’t take this step without proper consultations with First Nations.

“It’s not something that we should rush into and put an amendment (in) that potentially impacts generations of First Nations status Indians,” Battiste said.

He repeated that warning Wednesday, saying the House of Commons is where these discussions should be taking place.

“What we really need to do is have the conversation about getting buy-in from the First Nations community, and as far as I know there is no (Assembly of First Nations) resolution calling for this,” Battiste said.

The overwhelming majority of chiefs, tribal council leaders and advocacy groups who appeared before the Senate committee studying Bill S-2 spoke in favour of ending the second-generation cutoff.

In a media statement issued to The Canadian Press, Indigenous Services Minister Mandy Gull-Masty said the second-generation cutoff is a “critical and deeply personal issue that must be addressed in the right way.”

She said her government is working “closely” with First Nations on the issue and consultations will continue into the new year.

News of the amendments to the bill in the Senate has left some First Nations unclear on what, if anything, has changed in their enrolment policies.

In a social media post Wednesday, Miawpukek Mi’kamawey Mawi’omi, also known as Miawpukek First Nation, told its members there are no new eligibility requirements in the law.

“This is a positive step forward for the future of our membership, and we thank everyone for their patience and understanding as we move through this process together,” they wrote.

This report by The Canadian Press was first published Nov. 19, 2025.