Conservative MP Billy Morin [Edmonton Northwest] says he doesn’t understand how the federal government is using consultation when it comes to introducing and passing legislation.
Morin was questioning bureaucrats with Indigenous Services Canada (ISC) about what he described as “a discrepancy” in Ottawa’s approach to consultation.
On the one hand, Morin said, Canada pursued a lengthy consultation process to end discrimination in the Indian Act, while other legislation affecting Indigenous rights has moved ahead with little or no consultation.
“The government has done other legislation when it comes to affecting Aboriginal and treaty rights, particularly C-5 [the One Canadian Economy Law] is one that First Nations have been pushing back on for the better part of a year now,” Morin said at the Indigenous affairs committee meeting on Tuesday.
“How come there’s a discrepancy there, on when to consult and when not to?”
Lori Doran, director general in the Individual Affairs branch of ISC was one of three department officials present to answer questions.
“I can only speak to the process underway for the second generation cutoff, “ answered Doran.
The word “consultation” came up more than 50 times during the hour-long session.
It sits at the centre of the debate inside the government — whether to move now to end the second-generation cut-off, or whether, as ISC Minister Mandy Gull-Masty has argued, a long consultation process is still required before any changes are made.
“The duty to consult is not merely a checkbox. It is something as minister that I am required (to do), that I will uphold and that I will respect because it is the foundation of a solution for the second generation cut-off ,” Gull-Masty said when she appeared before a Senate committee in 2025, adding a consultation plan on the issue is in the works.
It is an unusual reversal of roles, with government officials calling for more consultation while Indigenous leaders urge Ottawa to move ahead, saying they have been consulted enough.
The Assembly of First Nations called on Parliament to pass a bill known as S-2 An Act to amend the Indian Act (new registration entitlements).
Bill S-2 was originally written to restore status to fewer than 6,000 people. But hearing after hearing there was strong support from First Nations leaders and other interveners, the Senate, led by Mi’kmaw Sen. Paul Prosper, amended the bill.
They wanted S-2 to allow First Nations people who already have legal status to pass that status on to their children and future generations. Under current law, legal status ends after two generations if people have children with a non-status partner.
Bill S-2 is at second reading and is not technically before the committee, which is studying the broader issue of Indian Act registration.
However, much of the discussion at the committee ended up revolving around the bill anyway.
Throughout the meeting, Morin repeatedly pressed ISC officials on whether consultations are required by law, or whether they are becoming a barrier that could delay change indefinitely.
“ In Mikisew Cree First Nation v. Canada 2018, it says the Crown has no legal duty to consult Indigenous groups during the development of legislation,” said Morin.
The case was a landmark case that narrowed consultation, with the court ruling that if a law violated Indigenous rights, the remedy is to challenge the legislation after it has been passed.
“What would the position of ISC and the government at this point be? We’re doing it (consultations) despite that? Like we just see this as a best practice, but it’s not actually a thing we need to do?” he asked.
“It may be true that there’s no duty to consult specifically on the development of legislation in the context of this work,” said Stuart Hooft, director of Registration Reform at ISC. “Since we’re talking about the rights of individuals and their right to pass on status to the next generation, we feel it’s prudent to consult since it impacts rights holders directly.
“Under the United Nations Declaration on the Rights of Indigenous Peoples, there is a requirement to consult on matters that impact them and their rights,” added Doran. “A solution to the second-generation cutoff will have significant impacts.”
Many First Nations leaders and women’s groups urged the Senate to make the amendments out of concern that they have been waiting years for action — and that if the government is left to its own process, the second-generation cut-off may never be fixed.
Morin raised that concern directly with officials.
“ Is the distrust of the government to actually get something done in this regard understandable in your eyes?” he asked.
Doran said the department is working on it.
“ We understand the frustration and we know that this is impacting real people, today, families and communities. We understand the urgency, we are moving forward,” said Doran, who added the government is committed to making the change.
”It’s not whether to do this, it’s how to do it. We really want to underscore that this isn’t about whether or not to take action, it’s about what action to take,” she added.
The process has been slow.
ISC launched what it calls a “cooperative process” in November 2023, consulting with First Nations and women’s groups on “possible solutions,” aimed at ending the second-generation cut-off, according to Dorin.
But three years later, the work produced is a guide to help First Nations consult their own members about the issue.
That guide is still under legal review and is not expected to be ready until the summer, according to department officials.
Morin also pointed out that the department has not set a deadline for the process, repeatedly asking when their planned consultations would wrap up.
Officials acknowledged there is no deadline.