Hon. Marty Klyne: Minister, welcome. Last week, the Whitecap Dakota Nation recommended two amendments to Bill S-2 at our meeting of the Standing Senate Committee on Indigenous Peoples. One is an interim solution to the second-generation cut-off, which is threatening the survival of many First Nations and excluding individuals from their communities. Whitecap proposes to allow First Nations to convey irrevocable 6(2) status on their own authority to an individual with at least one 6(2) parent and a connection to the community.

This workable solution would respect the principles of self-determination, heritage connection to status and community connection. It also has an opt-in model, since the First Nations would have to choose to exercise their own authority to confer status.

Would you please consider this interim amendment as a solution with immediacy to address urgent harms? Would you like to make any comments?

Hon. Mandy Gull-Masty, P.C., M.P., Minister of Indigenous Services: Thank you. The need to consult First Nations on second-generation cut-off is critical because although Chief Darcy Bear and Whitecap feel like that could be a solution for them, that could potentially not be a solution for many other groups. That could cause — I had a term shared with me meaning “consequences that were not foreseen as a part of a decision.” I’ll remember the term the minute I leave, but consequences of a decision are highly impactful for some First Nations.

For me, the scope of that consultation will allow for communities to determine their solution. It is complex. It is not a one-size-fits-all solution. We have to meet communities in letting them identify what their solution is. We cannot determine a single process and try to apply it.

Once again, as a minister, I cannot bypass the consultation process. I am required to do that. I am not only required to do that, as an Indigenous person I have held the government to task, to respect it, to respect free, prior and informed consent, or FPIC and UNDRIP. I continue to maintain that position as a minister.

Senator Klyne: Minister, the second amendment raised by Whitecap concerns the transfer of treaty benefits. Currently, when a person from a numbered treaty nation transfers to a non-numbered treaty nation, such as the Dakota Nation, they lose their treaty benefits. However, nowhere in the treaties does it state that marriage or transfer extinguishes these rightful benefits, which are essentially inheritances.

Would you please consider an amendment to clarify that such benefits should not be lost because of transfer and, instead, see the inherent rights that lay within our treaties as an answer?

Ms. Gull-Masty: The relationship with the Crown falls within the scope of the work of my colleague Minister Alty. I have a lot of respect for her, and I really welcome our working relationship. We both feel that when you are going to make those adjustments, they should be driven by the community.

The consultations on second generation are a part of the work that we’re doing to address status. There’s a component of her work that needs to align with this. I believe that taking the time to ensure that alignment is reflective of what communities are asking us to do is the pathway that we have to follow. It is for that reason that we are, once again, reaffirming the importance of the consultation process with rights holders.

The Hon. the Speaker: Honourable senators, the time for Question Period has expired.

I am certain you will want to join me in thanking Minster Gull-Masty for joining us today. Thank you.

Hon. Senators: Hear, hear.