Further reading

Drew Lafond & Danielle Hopkins-Carter, MLT Aikins

This resource explains the difference between Indian status and band membership. Indian status is a legal category defined by the federal government under the Indian Act, while band membership determines whether someone belongs to a particular First Nation. Since 1985, these have been separate things. Some First Nations under Section 10 set their own membership rules, while others under Section 11 still have membership tied directly to Indian status.

Drew Lafond & Danielle Hopkins-Carter, MLT Aikins

This resource explains how some First Nations’ Section 10 membership codes have faced legal challenges for gender discrimination, because they were modelled on old Indian Act rules that courts have since found unconstitutional.

Key takeaway: First Nations with a Section 10 membership code should review and update it to avoid similar legal challenges.

Assembly of First Nations

This resource, prepared by the Legal Affairs and Justice Department of the Assembly of First Nations (AFN), is a comprehensive guide and discussion of key concepts, general rules, and key issues of developing a membership code.

Key Concepts:

• Indian status
• Band membership

Key Issues:

• Acquiring membership
• Cultural considerations
• Dual citizenship
• Who decides
• Amendment considerations
• Demographic considerations

Indigenous Services Canada, Government of Canada

This page gives an overview of the various rights and benefits available through the Indian Act (Status) and First Nation membership, which are separate titles with different eligibility criteria and sometimes additional requirements.

Emily Peiffer, Associate, JFK Law LLP

This plain language guide untangles the confusion between Band/First Nation membership and Indian Status under the Indian Act. Some of the myths debunked include:

• Who controls membership rules
• Whether non-status people can still be Nation members

Kaitlin Ritchie, OKT LLP

This guide explains why and how First Nations can adopt their own band membership codes instead of leaving membership decisions to Indigenous Services Canada (ISC)

• Background: Since the 1985 amendments to the Indian Act, band membership and Indian Status have been separate legal categories.
• Why: A community-defined membership code better reflects a Nation’s own laws and customs.
• How: A band must hold a referendum (vote), then give formal notice to the Minister to assume control over its own membership list.

Assembly of First Nations

This resource explains the three ways band membership is controlled under the Indian Act following Bill C-31’s 1985 amendments. These include:

• Section 10 Bands: Have taken control of membership by creating their own rules, following a double majority vote and formal notice. Existing members cannot be removed.
• Section 11 Bands: Membership lists are maintained by the Indian Registrar, tied automatically to status eligibility. No consent is required on behalf of the Band.
• Self-governing First Nations: Control membership through a modern treaty or self-government agreement (available since 1995).