Non-status Indian facts for kids

A non-status Indian is a term used in Canada for a First Nations person who is not officially registered with the Canadian government. They are also not registered with a First Nation group (called a "band") that signed a special agreement, known as a treaty, with the Crown (the government of Canada).

For many years, if a First Nations woman who was registered (a "status Indian") married a man who was not registered, she would automatically lose her own status and become a non-status Indian. This rule caused many people to lose their official connection to their First Nation.

Before 1955, a First Nations person could also lose their status in other ways. For example, they could choose to give up their status, often for a small payment. This was called "enfranchisement." People could also lose their status if they earned a college degree or became an ordained minister. These rules were part of older laws that aimed to make First Nations people give up their unique identities.

Understanding the Term "Non-Status Indian"

The term "non-status Indian" helps us understand different groups of Indigenous people in Canada. It is important because it affects how people are recognized by the government and what rights they have.

Why Some People Are Not Registered

There are many reasons why a First Nations person might not be registered. Sometimes, it was due to old laws, like the one about women marrying non-status men. Other times, it might be because their ancestors were not registered, or because of complex rules about who qualifies for registration.

Important Court Case: Daniels v. Canada

A very important court case called Daniels v. Canada helped to change how non-status Indians are seen in Canada.

The 2013 Court Decision

In 2013, the Federal Court decided that non-status Indians and Métis people have the same Indigenous rights as status Indians. The court said that the word "Indians" in the 1867 Constitution Act includes all these groups. This meant the federal government had a responsibility towards them.

Appeals and the Supreme Court

The government did not agree with this decision and appealed it. In 2014, the Federal Court of Appeal overturned the first decision. However, the case was then taken to the highest court in Canada, the Supreme Court of Canada. In 2016, the Supreme Court of Canada agreed with the original 2013 decision.

What the Final Decision Means

Because of the 2016 Supreme Court ruling, the federal government now has a legal responsibility for all status Indians, non-status Indians, and Métis people. This means the government must work to protect their rights and well-being. This decision was a big step forward for many Indigenous people in Canada.

See also

• Urban Indian
• Treaty Indian
• Detraditionalization
• Detribalization
• Tribal disenrollment