B.C. court gives parliament 10-month deadline to make Indian Act comply with Charter
B.C. Supreme Court Orders Canadian Government to Amend Indian Act by 2026
VANCOUVER — In a landmark decision, the B.C. Supreme Court has mandated that the Canadian government must amend the Indian Act by April 2026 to align it with the Charter of Rights and Freedoms. This ruling comes after a successful legal challenge by descendants of individuals who renounced their status under the law.
Background of the Case
The court found that certain provisions of the Indian Act, which denied status to individuals with a family history of enfranchisement, violated the plaintiffs’ Charter rights. This included individuals whose parents or grandparents had relinquished their status and the associated benefits.
Lawyer Ryan Beaton, who represented the plaintiffs, highlighted the case of Sharon Nicholas, whose grandfather renounced his status in 1944 to protect his children from residential schools. Nicholas had been advocating for justice on this issue for over four decades before taking the matter to court.
Implications of the Ruling
The Canadian government acknowledged that the registration provisions of the Indian Act perpetuated discrimination and disadvantage based on enfranchisement. As a result, a related class-action lawsuit has been filed in Federal Court seeking compensation for lost benefits due to the denial of status under the law.
Beaton emphasized that the ruling has significant implications for the affected individuals, estimated to be between 5,000 and 10,000 people. It marks a crucial step towards rectifying historical injustices and ensuring equal treatment under the law.
Path to Reform
Parliament has been given a deadline of April 2026 to amend the Indian Act to comply with the Charter. Beaton noted that this could involve a legislative solution that applies nationwide, addressing longstanding issues related to Indian status and entitlement to benefits.
While past attempts to reform the law have fallen short, the court’s decision underscores the need for comprehensive changes to ensure fairness and equality for all individuals impacted by the Indian Act.
This report by The Canadian Press was first published on Aug. 20, 2025.
