The first thing learners need to know is that it was in 1985 when Parliament passed Bill C-31 to bring the Indian Act in line with the Charter of Rights and Freedoms. It failed. It was at this time when the second generation cut off rule was invented. Read on ….
The second generation cut off rule is a process where after two generations of having children with non-status people second generation descendants are not entitled to be registered status Indians. It is a process where a family lineage is first, bumped down a level to 6(2) status and second, bumped out to being non-status. The problem is the way this rule is applied differently to the descendants of men and the descendants of women who were once enfranchised and now re-instated in 1985. Read on ….
In 1985 Indian men, their wives and descendants, born before 1985, were all registered as 6(1)a Indians; while re-instated Indigenous women were registered as 6(1)c Indians. Here lies the issue: There is a difference between 6(1)a and 6(1)c categories in that while the second generation cut off rule is applied to men and their descendants after 1985, it is applied backwards or retroactively to Indian women and their descendants to births before 1985.
This flow chart may help with understanding the difference in the way the second generation cut off rule is applied in a way that is sex discrimination:
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