Addressing inequities in registration due to individual enfranchisement (Nicholas decision)

On this page

• Registration applicants affected by the Nicholas decision
• How sufficient connection to British Columbia is being assessed
• Attestation of current residency in British Columbia
• Background on Nicholas decision
• Steps the Government of Canada is taking to address the Nicholas decision
• Addressing enfranchisement for all registration applicants

Registration applicants affected by the Nicholas decision

You may be entitled to registration or a category amendment if you:

• have a family history of individual enfranchisement by application, and
• you or your ancestor have a sufficient connection to British Columbia

How sufficient connection to British Columbia is being assessed

For the purpose of registration, if you have a family history of individual enfranchisement by application, you are considered to have sufficient connection to British Columbia if you meet any one of the following criteria:

• You or your direct ancestor's current residence, or your direct ancestor's residence at time of death, is in British Columbia
• You or your direct ancestor are entitled to be affiliated to a First Nation in British Columbia in the Indian Register
• You or your direct ancestor's enfranchisement took place in British Columbia
• You or your direct ancestor was enfranchised from a First Nation in British Columbia

A direct ancestor is a parent, grandparent or other ancestor. Relatives, such as siblings, aunts, uncles and cousins, are not considered direct ancestors for the purpose of registration.

Attestation of current residency in British Columbia

ISC may request an Attestation of Current Residency in British Columbia for Registration Under the Indian Act:

The attestation is required only for the purpose of asserting sufficient connection to British Columbia based on your or your ancestor's current residence. You should complete and submit the attestation if:

• your only connection to British Columbia is your or your direct ancestor's current residence, and
• you aren't sure if you or your direct ancestor meet one of the other criteria.

If you've already applied for registration and have received a letter with the attestation:

1. Complete the attestation
2. Mail it to the address listed on your letter

If you haven't already applied for registration:

1. Complete the attestation
2. Complete your registration application
3. Submit your application and attestation together

If you or your ancestor have sufficient connection to British Columbia based on any other criteria, you do not need to submit this attestation.

Background on Nicholas decision

In June 2021, Nicholas v. AGC was filed in the British Columbia Supreme Court. It was based on a Charter challenge on behalf of 16 plaintiffs who were not entitled to registration under the Indian Act or could not pass on entitlement to their descendants because they have a family history of enfranchisement.

To address the Nicholas litigation, Canada proposed changes to the registration provisions of the Indian Act under the former Bill C-38, which was reintroduced as Bill S-2, An Act to amend the Indian Act (new registration entitlements).

On August 19, 2025, the Supreme Court of British Columbia issued a decision in the case of Nicholas v. Attorney General (Canada) (the Nicholas decision) to remedy inequities in the registration provisions of the Indian Act due to a family history of individual enfranchisement by application. The decision includes a declaration of invalidity of subparagraph 6(1)(d) and an amendment of entitlement for individuals currently under subparagraph 6(1)(d) to 6(1)(a.1), when such individuals fall within the court's jurisdiction. Effective June 13, 2026, the court decision applies only to persons with sufficient connection to British Columbia.

Steps the Government of Canada is taking to address the Nicholas decision

If you or your ancestor have a sufficient connection in British Columbia, this remedy will be applied to your registration application starting on June 13, 2026.

For applicants without sufficient connection to British Columbia, their application will remain on hold until Bill S-2, An Act to amend the Indian Act (new registration entitlements) becomes law, or ISC can provide more information on how these applications will be addressed.

ISC will continue assessing applications impacted by a family history of individual enfranchisement by application. This includes applications placed on hold and new applications, to ensure timely implementation of the Nicholas decision. Registration applications are processed in the order ISC received the application.

You may receive a letter and attestation form to confirm that you or your ancestor has a sufficient connection to British Columbia, which may determine whether the application can be processed under the Nicholas decision.

If you or your ancestor are:

• already registered and affiliated to a First Nation in British Columbia in the Indian Register, and
• impacted by a family history of enfranchisement

ISC may automatically amend your category code or process your application without additional documents. To find out your category code, contact Public enquiries. To request a category amendment you must submit:

• a signed and dated written statement
• copy of valid acceptable identification

Addressing enfranchisement for all registration applicants

On May 29, 2025, Bill S-2 (formerly Bill C-38) was introduced in the Senate to continue efforts to address remaining inequities in the Indian Act, including those related to enfranchisement.

Visit:

• Bill S-2, An Act to amend the Indian Act (new registration entitlements) to learn about the background of the Bill and its proposed legislative changes
• S-2 (45-1) - LEGISinfo to stay updated on the progress of the Bill S-2

If you have any questions or comments on what the Government of Canada is doing to address enfranchisement or the Nicholas decision:

• Contact Public enquiries
• Email engagementinscriptionpn-fnregistrationengagement@sac-isc.gc.ca

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