Bill C-31 (1985)

Bill C-31 (1985)
Title	Bill C-31 (1985)
Enacted by	Parliament of Canada
Introduced by	Pierre Trudeau
Introduced date	1985
Passed	1985
Jurisdiction	Canada
Status	Current

Bill C-31 (1985) was federal legislation enacted by the Parliament of Canada in 1985 to amend the Indian Act with the principal aim of restoring status to Indigenous people whose legal recognition had been revoked under earlier provisions. The measure responded to judicial decisions, social movements, and international attention involving figures and organizations such as the Native Women's Association of Canada, Jeannette Corbiere Lavell, Yvonne Bedard, and advocacy by leaders connected to regions like British Columbia, Ontario, and Quebec. It represented a pivotal statutory response during the later years of the Trudeau ministry and intersected with constitutional developments including the Canadian Charter of Rights and Freedoms and the patriation debates of the early 1980s.

Background and legislative context

Bill C-31 emerged against a backdrop of legal challenges to provisions of the Indian Act that produced gender-discriminatory outcomes for status recognition. Cases involving petitioners such as Jeannette Corbiere Lavell and Yvonne Bedard had engaged courts like the Supreme Court of Canada and prompted interventions from advocacy groups including the National Indian Brotherhood and the Native Women's Association of Canada. The constitutional entrenchment of the Canadian Charter of Rights and Freedoms in 1982, together with political dynamics in the House of Commons of Canada and debates in the Senate of Canada, created pressure on the Trudeau ministry and successive ministers, including discussions in committees of the Parliamentary system, to rectify perceived inequities. International observers such as the United Nations and comparative developments in countries like Australia and New Zealand informed public discourse.

Provisions and amendments

The statute amended multiple sections of the Indian Act to provide mechanisms for the reinstatement of status to individuals and to establish new registration categories and rules governing transmission of status. It created entitlement processes for those whose status had been removed by marriage, enfranchisement, or other mechanisms, and introduced distinctions often described as "two-generation" or "second-generation cut-off" rules. The legislation set out administrative responsibilities for the Department of Indian Affairs and Northern Development (later restructured into Indigenous and Northern Affairs Canada) and revised enrollment procedures related to band membership for entities like the Mikisew Cree First Nation, Siksika Nation, and other band governments across provinces such as Alberta, Saskatchewan, and Manitoba. The amendments also included transitional provisions affecting obligations under treaties such as the Numbered Treaties and engaged statutory interpretation issues tied to the Constitution Act, 1867 and the Constitution Act, 1982.

Debate and political response

Debate over the bill unfolded within parliamentary forums including the Standing Committee on Aboriginal Affairs and among caucuses of parties like the Liberal Party of Canada, Progressive Conservative Party of Canada, and the New Democratic Party. Indigenous leadership—ranging from figures in the Assembly of First Nations to regional chiefs and women's organizations such as the Native Women's Association of Canada—voiced both support and criticism over the scope of remedies and the administrative approach. Prominent politicians including Brian Mulroney and activists like Shirley Bear participated in public hearings, while legal scholars at institutions like the University of Toronto and the University of British Columbia analyzed equality jurisprudence stemming from the Canadian Charter of Rights and Freedoms. Media outlets including the Globe and Mail and the Toronto Star covered protests and lobbying by groups representing communities in places such as Vancouver and Winnipeg.

Impact on Indigenous status and rights

The immediate effect of the amendments was the restoration of status for tens of thousands of individuals, altering demographic composition within band rolls and eligibility for programs administered through agencies such as Indian and Northern Affairs Canada and local band councils. The changes precipitated complex outcomes for groups including Anishinaabe, Cree, and Mi'kmaq communities with implications for membership, housing, education funding, and access to health services administered in partnership with bodies like the First Nations Health Authority. Simultaneously, some Indigenous organizations argued that the bill perpetuated exclusions by retaining patrilineal or matrilineal distinctions and leaving unresolved issues concerning the rights of non-status Indians, Métis, and Inuit peoples represented by groups such as the Métis National Council and Inuit Tapiriit Kanatami.

Implementation and legal challenges

Implementation required administrative action by federal departments and raised litigation in provincial and federal courts, including cases brought before the Federal Court of Canada and the Supreme Court of Canada. Challenges addressed statutory interpretation of reinstatement provisions, the scope of band membership authority, and the relationship between restored status and entitlements under specific treaties, prompting involvement from legal advocates connected to organizations such as the Canadian Civil Liberties Association and regional legal clinics. Judicial outcomes influenced subsequent policy guidance issued by Indigenous and Northern Affairs Canada and produced further legislative clarifications in later parliamentary sessions.

Legacy and subsequent reformulations

Bill C-31's legacy persists in ongoing debates over status, membership, and Indigenous self-determination, shaping later reforms and proposals pursued in legislative instruments and policy initiatives under administrations including those of Jean Chrétien, Stephen Harper, and Justin Trudeau. Subsequent measures, court decisions, and negotiations involving entities such as the Assembly of First Nations, Native Women's Association of Canada, and provincial governments have sought to reconcile gender equality principles, recognize Métis and Inuit distinctiveness, and advance frameworks for self-government such as agreements influenced by precedents from Nisga'a Treaty negotiations. The statute remains a central reference point in scholarship across faculties at institutions like the University of British Columbia, McGill University, and the University of Alberta studying Canadian Indigenous law and public policy.

Category:Canadian federal legislation Category:Indigenous law in Canada