Addressing enfranchisement of unmarried women in registration

Find out if you have been affected by the Hele decision and how the Government of Canada is addressing it.

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Have you been affected by the Hele decision

If you were unmarried or your mother or grandmother was unmarried and submitted an application for enfranchisement as an adult between September 4, 1951, and April 17, 1985, you may be affected by the Hele decision.

Registered persons affected by the Hele decision may be eligible for a category amendment under one of the 6(1)(a) provisions of the Indian Act. A category amendment may allow additional generations to be entitled to registration.

What is the Hele decision

On July 31, 2020, the Quebec Superior Court issued its decision in the case of Hele c. Attorney General of Canada (Hele decision), ruling that unmarried women could not be enfranchised under the 1951 Indian Act.

While some women did submit an application to enfranchise, the Court ruled that the provisions of the 1951 Indian Act were clear and purposeful in that enfranchisement by application was only available to men, their wives and their minor children.

The Hele decision may affect women who were unmarried and submitted an application as an adult to enfranchise between September 4, 1951, and April 16, 1985, and their direct descendants.

What is enfranchisement by application

Persons who enfranchised gained full citizenship, with the right to vote and the right to own property. Often, they were provided land or financial compensation. In exchange, they were no longer considered as being registered under the Indian Act.

Before legislative amendments to the Indian Act in 1985, registered persons could enfranchise by submitting an application with proof of being "civilized and acceptable to society". This process meant submitting a report and getting approval from their First Nation. If all the requirements were met, they would receive a letter, or letters patent, that declared them enfranchised and no longer registered.

Persons who enfranchised before September 4, 1951, had their name removed from their First Nation's membership or citizenship list; if enfranchised after September 4, 1951, they lost their entitlement to registration and their name was removed from the Indian Register. Once enfranchised, that person and their descendants lost all benefits related to registration.

The effects of enfranchisement are still felt today.

What steps is the Government of Canada taking to address the Hele decision

Indigenous Services Canada has reviewed the registration category of all women who enfranchised by application and are registered or entitled to registration under subsection 6(1)(d) of the Indian Act, as well as that of their direct descendants.

If you are already registered and have been affected by the Hele decision, it is possible that your registration category will be amended. You do not need to reapply.

To request a category amendment, you must submit a photocopy of valid acceptable identification as well as a signed and dated written request with your name, registration number and mailing address:

All registration applications are now being processed in consideration of the Hele decision. If you applied and your application is waiting to be processed, it will automatically be processed based on the Hele decision. You don't need to reapply.

If you applied before the Hele decision and your application was denied, you need to reapply. To find out how to apply, visit Are you applying for Indian status.

What steps are being taken to address enfranchisement

The Hele decision only affects unmarried women who enfranchised by application as an adult between September 4, 1951 and April 17, 1985, and their descendants. It does not affect all persons who were enfranchised before 1985.

The Report to Parliament on the review of S-3 highlights the progress the Government of Canada has made to address persisting inequities in registration and their residual effects. Enfranchisement is one of the issues raised during ongoing engagement. The Government of Canada is continuing to work with First Nations, national Indigenous organizations and other partners to determine ways to address those remaining issues.

If you have any questions or comments on what the Government of Canada is doing to address enfranchisement or the Hele decision, email: aadnc.engagementinscriptionpn-fnregistrationengagement.aandc@canada.ca.

If you have questions regarding your application for registration, contact Public enquiries.

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