by Zabrina Whitman, Sr. Policy Analyst, KMKNO

The Challenge with Self-Identification and recent court decisions

Europeans and western governments have worked for centuries to oppress and eliminate the Indigenous peoples of Canada. This has included tactics such as the creation of the Indian Act, residential schools, and the Sixties Scoop, The continuous attempts of ethnocide throughout history are never-ending. One of the most damaging impacts to our nations, our family units and to us as individuals was the creation of the “Indian”. An Indian is more than a category of people – it’s a formula. It does not recognize ethnicity, culture or the ways in which our nations define who our people are.

We have worked aggressively for changes.

We have worked adamantly for recognition of our nationhood.

Society and government appears to finally be making a turn. Work is being done to publicly educate on Indigenous issues and fight against negative stereotypes. Terminology is changing, but with this change of terminology, is the mindset actually changing?

Let’s be honest. Even twenty years ago, people tried to make us feel shame for being Mi’kmaq. Then a number of court cases occurred and a new concept was introduced. This concept was “self-identification” – a necessity for recognition in the Powley decision. This 2003 court case affirmed Métis rights and outlined a three-step test for determining if a person is Métis under section 35 of the Constitution Act. Self-identific ...

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