Feds lose bid for court extension of Nicholas ruling


In a decision released Friday, the B.C. Supreme Court rejected Ottawa’s application to delay the deadline until October, ramping up the pressure to pass Bill S-2 when the House resumes sitting next week.

The federal government has lost its request for an extension to implement the terms of the Nicholas ruling.

In a decision released Friday, the B.C. Supreme Court rejected Ottawa’s application to delay the deadline until October, ramping up the pressure to pass Bill S-2 when the House resumes sitting next week.

READ MORE: Government secures brief extension of court-imposed deadline to make changes to the Indian Act

That bill would make changes to comply with last year’s B.C. court decision, which ordered Ottawa to restore Indian status to the descendants of enfranchised First Nations peoples.

Ottawa was requesting a six-month extension.

A request last month to extend the deadline to the end of the May to wait for the decision was granted.

The feds have 30 days to appeal. If that period elapses with no further extension granted, the Nicholas ruling will go into effect.

Ryan Beaton, a partner at Juristes Power Law, told iPolitics the government argued in its application that more time was needed because the Senate made changes to S-2 that would end the second-generation cutoff, a rule that denies Indian status to people who had a non-First Nation parent and grandparent.

READ MORE: Feds expected to seek extension of court deadline on Indian Act changes

Indigenous Services Minister Mandy Gull-Masty said she supports changing the policy, but needs to consult with First Nations before proceeding.

More to come…



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