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Non-status Indian

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From Wikipedia, the free encyclopedia

Not to be confused withNon-resident Indian.

Canadian First Nations person not registered with the government

InCanada, the termnon-status Indian (French:Indiens non inscrits)^{[nb 1]} refers to anyFirst Nations person who for whatever reason is notregistered with the federal government, or is not registered to a band recognized under the Indian Act.^{[citation needed]}

For several decades, status Indian women automatically became non-status if they married men who were not status Indians.^[2]

Prior to 1955, a status Indian could lose their status and become non-status through enfranchisement (voluntarily giving up status, usually for a minimal cash payment), by obtaining acollege degree^[2] or becoming anordained minister.^{[citation needed]}

The 2013Federal Court caseDaniels v. Canada established that non-status Indians (andMétis) have the same aboriginal rights as status Indians, in that they are encompassed in the1867 Constitution Act's language about "Indians".^[3] However, the 2014Federal Court of Appeal decision "Daniels v Canada" overturned that verdict after the government appealed.^[4] In 2016, theSupreme Court of Canada upheld the 2013 verdict after a subsequent appeal on the 2014 decision. As a result, the federal government has jurisdiction andfiduciary duty over status Indians, non-status Indians, and Métis alike.^[5]

Notes

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^Indian is used here because of the historical nature of the article and the precision of the name, as withIndian hospital.^[1] It was, and continues to be, used by government officials, Indigenous peoples and historians. The use of the name also provides relevant context about the era in which Indigenous peoples in Canada were homogeneously referred to asIndians rather than by language that distinguishesFirst Nations,Inuit andMétis peoples.^[1] Use ofIndian is limited throughout the article to proper nouns and references to government legislation.