An Update on Unknown and Unstated Paternity

In reading a letter sent to the Parlimentary Budget Office from Crown-Indigneous Relations and Northern Affairs Canada, I have learned that from 2003 thru 2018 as many as 29,379 children's Indian status registration was affected by INAC's unstated paternity policy. Some were denied Indian status altogether and some were registered under section 6(2), the lesser form of Indian status.

INAC has not provided the numbers affected through 1985 - 2003 nor for that matter the numbers pre 1985. The reason being the register was only modernized in 2003 to include ancestral information and many files have been closed. It is my advice that all people with an unknown or unstated paternity in their lineage who were denied ask that their file be re-opened so their application for status can be re-examined through the "Gehl clauses".

I also suggest that people who have an unstated paternity in their lineage keep in mind that their status registration may be upgraded from a 6(2) to 6(1) where as such your children may now me entitled. But keep in mind that INAC may only upgrade your status if and when your children apply.

Note: I am not a lawyer and cannot give individual advice on this topic because each case is nuanced and complicated. Ultimately, it is INAC who determines who gains status and who does not. It is best to apply, or apply for your children if you think you are now entitled or your children are now entitled.