AFN chief Cindy Woodhouse Nepinak disputes claim only Carney and Kinew discussed abolishing Indian Act

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The national chief of the Assembly of First Nations says it is not true that only Prime Minister Mark Carney and Manitoba Premier Wab Kinew discussed abolishing the Indian Act during a landmark meeting of federal, provincial, and First Nations leaders in Ottawa last week.

In comments reported after the meeting, Carney said the idea was raised by chiefs in the room, while Kinew called for the act to be abolished at the historic gathering.

Woodhouse Nepinak said on Tuesday that the focus of chiefs at the meeting was different, adding that their conversations "went to the wayside" when Kinew and Carney made their remarks. She said the chiefs were more focused on major projects legislation that First Nations leaders say threatens their rights.

Carney previously said he was "very open to" the idea but later indicated the Indian Act could be reformed rather than abolished, describing the discussion as something that was not being decided by the federal government but was "responding to a request."

A spokesperson for Indigenous Services Minister Mandy Gull-Masty said in an emailed statement issued Friday that Kinew was not the only person to raise the possibility of reforming or removing the Indian Act. The spokesperson said that because the meeting was held behind closed doors, it would be inappropriate to provide more specificity about the details of the conversation, and attributed the statement to Livi McElrea.

The Indian Act dates from 1876 and gives Ottawa sweeping powers over First Nations communities and people, including deciding who qualifies for status and what reserves can and cannot do. While many First Nations leaders agree the law is outdated and restrictive, there is no consensus on whether it should be repealed and what would replace it.

The federal government has not committed to changing the rules that determine status. Previous prime ministers attempted to reform or eliminate the Indian Act without success, including Jean Chrétien’s 1969 "White Paper" proposal to abolish the act, end Indian status, terminate treaties, and privatize reserve lands. The proposal drew strong opposition from First Nations leaders led in part by Harold Cardinal and the Indian Association of Alberta.

In the emailed statement from Gull-Masty’s office, McElrea said Carney has acknowledged the Indian Act is racist and said a broader conversation with First Nations about its future is necessary. The statement also noted that there are policies in place for First Nations that want to opt out of the Indian Act and move toward self-government.

The statement pointed to Gull-Masty’s community, the Cree First Nation of Waswanipi, as one of those self-governing communities under the 1975 James Bay and Northern Quebec Agreement, described as the first modern land claim in Canada and one in which Chrétien played a leading role.

Carney’s work to speed up development of major projects alongside provinces and Indigenous Peoples is also connected to the current debate. The government’s Building Canada Act initially gave Ottawa power to sidestep the Indian Act, but that provision was removed after calls from the Conservatives and the Bloc Québécois.