Answers to Frequently Asked Questions (FAQ)

The following pages contain the answers the questions on the FAQ page. In some answers links will be provided to pages on this and other sites which provide more detailed information on a particular question..

Am I an Aboriginal Person?

Although the Aboriginal and Treaty rights of the Aboriginal Peoples of Canada are identified in Section 35 of the Canadian Consitution Act, 1982, the phrase Aboriginal People is not defined in that document. As a result there is no formal or official definition of the term Aboriginal. The constitution also identifies Indian, Inuit, and Metis as being "among" the Aboriginal peoples of Canada. but those terms are not actually defined, either. However during the First Ministers' Conferences on Aboriginal Matters held between 1982 and 1992 Federal, Provincial and Aboriginal delegations agreed on (but did not formalize) the concept that to identify as an Aboriginal person an individual should meet these three basic critieria:

Aboriginal Ancestry

Self-Declaration of identity as an Indian, Inuit, or Metis person

Recognition or affirmation of that identity by the appropriate Aboriginal community

Given these circumstances almost anyone could identify themselves as an Aboriginal person, but that person would also run the risk of legal action if they attempted to benefit from that identification fraudulently.

---

How do I trace/prove my Aboriginal ancestry?

To some extent that depends on to whom or why you are trying to prove it. Some situations require a higher degree of proof than others. Most organizations will accept valid documentation via genealogy or confirmation in some historic or public record. Others will accept a sworn statement and still others confirmation by known Aboriginal individuals. A few will offer a traditional mode of verification, such as a shaking tent ceremony.

In any case, names, birth and death dates, marriage dates and places, or other forms of public record of your ancestors will be required by most organizations and agencies. Generally speaking the greater the benefits attached to such identification (in a land claim area for example) the more stringent the requirements, and the greater the number of criteria to be met in order to establish proof.

The process of developing a formal genealogy of Aboriginal ancestors is usually very difficult, if only because so few formal records were kept of Aboriginal peoples, especially those outside the Indian Act or in non-Treaty areas. But it is not impossible unless you have no way of knowing the family name of your parents (due to unrecorded adoption, for example) -- because that is where you begin. In recent years literally dozens of websites have popped up that deal with tracing Aboriginal ancestry. Some of them are :

I am an Aboriginal person who does not belong to any group, so who represents me?

There are a number of legally mandated Aboriginal Representative Organizations in Canada. Although these organizations are primarily concerned with representing their members (whether those members are other affiliated organizations or individuals) most perceive themselves to have a constituency which is larger than their "signed up" membership. CAP, for example, takes on the responsibility of protecting and promoting the aspirations of all off-reserve Aboriginal peoples in Canada. It should be understood that representation of your specific aspirations would be stronger if you participated as an active member of an organization.

How do I become a registered (Status) Indian?

The only sure way to become a registered Indian in Canada is to have two parents and/or two grandparents who are already registered. In any situation beyond that, there are an increasing number of criteria that have to be met before the federal government -- through Indian and Northern Affairs Canada -- will register you and issue a "status card" to you. The Indian Act itself defines Indian as a person registered under the Act or entitled to be registered under the Act. If you can prove you are entitled, then you can be registered. But don't hold your breath.

The website of Indian and Northern Affairs Canada has more information on this issue in their Frequently Asked Questions (FAQ) page at this link.

Can I be registered under Bill C-31?

If you do not have at least one parent who is or was registered -- or is or was entitled to be registered -- under the Indian Act, then it is not likely you could be registered under the stipulations of Bill C-31. But it is possible you could be registered if you can demonstrate that you are otherwise entitled to be registered. The permutations and combinations of the possibilities here are truly confusing and can only be answered on a case by case basis.

CAPonline has an extensive review of the Bill C-31 process starting at this link.

The website of Indian and Northern Affairs Canada has more government oriented information on this issue in their Frequently Asked Questions (FAQ) page at this link.

I am registered under Bill C-31, to what benefits am I entitled?

That varies with the section of the Indian Act you were registered under, and whether or not that registration includes band membership and residency on reserve. Bill C-31 on reserve band members are entitled to all of the benefits of the Act including, medical care, education benefits, housing, and tax free income earned on the reserve. If you are not a band member and/or do not live on reserve, that benefit package shrinks considerably. Housing and tax-free income are the first to go. Free off-reserve housing is not available and subsidized Native housing often has waiting lists of several years. Most often, access to post-secondary education is subject to band approval. You may apply to INAC for health benefits such as dental care.

The website of Indian and Northern Affairs Canada has more information on this issue in their Frequently Asked Questions (FAQ) page at this link.

Do I have treaty rights if I am not a registered Indian?

From an Aboriginal perspective treaty rights are not linked to registration under the Indian Act -- but the federal government will not admit that. Most historic treaties (and there are over 500 of them) contain the phrase "and their descendants" or an equivalent phrase in the section dealing with to whom the treaty applies. None of them contain the term "registered" or even specifically exclude Metis -- although the Indian Act does both. Since a treaty, by definition, cannot be unilaterally altered by one party or by unilaterally imposed legislation, all descendants of Indians involved in Treaties technically have treaty rights. But the federal government consistently refuses access to those rights by unregistered Indians and Metis.

Federal Position On Treaty Eligibility

How do I get a Metis status card?

There are no "status cards" for Metis in the sense that there are of status cards issued to registered Indians. There is no central registration for Metis across Canada and no legal authority -- Aboriginal or governmental -- to issue cards which legally and officialy recognize Metis individuals or peoples. There are however a number of organizations who take it upon themselves to issue Metis membership cards and some organizations establish limited registers to serve the purpose of that particular organization. Unfortunately some organizations mislead potential members into thinking they are being entered on an legally official national registry similar to the Indian Registry list. That is not yet possible.

These Metis membership cards have a similar legal status to membership cards in the Knights of Columbus or the Royal Order of the Moose. They cannot and do not confer any legal Aboriginal rights to the card holder. Such a card is not necessary to assert Metis identity any more that a registered Indian status card is necessary to declare personal Indian identity.

Having established those limitations, Metis membership cards do have legitimate uses. They do establish a Metis individual as a member of a Metis organization. Some Metis organizations have programs and benefits for their card-carrying members. Others have government funded programs for Metis people which are more easily accessed if an individual has a Metis membership card from a bona fide Metis organization. Both the federal and some provincial governments have programs and services available to Aboriginal peoples in general and having a Metis membership card simplifies access to those programs as well. They also serve the purpose of establishing a form of community recognition of an individual's Metis identity.

Metis membership cards are available by application to organizations in most provinces and territories. The criteria and degree of "proof" necessary for successful application varies widely from place to place and time to time. Many Metis organizations have websites that contain their stated criteria and can be accessed by putting the phrase -- Metis organizations -- along with the name of your province or territory into a good search engine.

What rights do Metis have?

Metis have historically asserted that they have Aboriginal rights equivalent to their Indian relatives and as distinct indigenous peoples of Canada. In 1979 CAP (under its former name the Native Council of Canada) publicly released a document which laid the basis for the inclusion of Metis in the patriation of the Constitution of Canada in 1982. Since then courts have upheld that Metis, as a constitutionally recognized Aboriginal people, do have whatever Aboriginal and Treaty rights are recognized and confirmed in Section 35. The difficulty is, none of those right are specifially described or defined in the Constitution for any of the Aboriginal peoples.

The relatively recent Powley decision of the Supreme Court of Canada confirms the principle that Metis have hunting and fishing rights at least in those areas where Metis practised those rights prior to the assertion of British sovereignty. Considering that British sovereignty was established gradually in Canada over some two centuries from east to west and south to north that leaves considerable leeway in establishing Metis rights in various parts of the country.

That still leaves consideration of the variables (having, claiming, and exercising rights) discussed in the previous question. Formal and consistent recognition of Metis rights by governments in Canada has yet to be achieved despite obvious constitutional recognition.

How can I join CAP?

CAP is a national Aboriginal representative umbrella organization whose member are its affiliates across the country. It does not have individual memberships. Individuals can associate themselves with CAP by joining a local of an affiliate organization.

Is there an organization I can join in my area?

A list of CAP organizations you can join, if you meet their respective criteria, will be found at this link.

Does CAP have funding for ___________ ?

CAP does receive a very limited amount of funding for its core ( Executive and support staff) operation. From time to time it does receive program moneys but these funds are distributed to CAP affiliates and are expended by them.

Does C.A.P. have scholarships for students?

No. But some CAP affiliates do have a limited range of such programs and should be contacted individually. A list of CAP affiliate organizations will be found at this link.

Will a membership card allow me to work in the U.S.?

No. In the past some U.S. border guards mistakenly thought membership cards and Status Indian cards were the same thing. Most have now be educated otherwise.

Do membership cards entitle me to hunt and fish?

No. Some affiliates, in Ontario particularly, are currently negotiating that possibility with the Ontario government, but it is not yet a reality. From time to time other affiliates have "staged" hunts by their members in order to assert the right. Some have been arrested and charged, others have not. Some have had cars, trucks and guns confiscated, others have not. The caution is that it is up to the Ministry of Resources in each province to determine what they will or won't do in any given circumstance.

Where can I learn about my Aborignal cultural traditions?

That depends very much on who your Aboriginal people are, and where you live. If you are a descendent of Aboriginal people who still live in your area, then chances are there are some cultural programs available. Try your phone book to locate local Native Cultural and/or Friendship centers in your area.

If you do not live in the same area as your tribal group ( a Miq'mag in Alberta for example) you might try the internet by putting your tribal group name into a good search engine with the word -- cultural. But be alert for the possibility of inappropriate information being supplied by unqualified people -- especially if that information is being sold.

How can I find an Aboriginal Elder?

This is an area where much caution must be exercised. The best source would be a local reserve, or a Cultural or Friendship Centre or a CAP affiliate in urban centres. These organizations often have lists of Elders who have proven their worth by service to the Aboriginal community. Many of those who advertise themselves as Elders on the Internet have questionable credentials. You may however find references on various credible Native sites to qualified Elders you might contact. Again, if there is a dollar sign attached to the "teachings" or services offered, they should be examined very critically.

The Native Canadian Centre in Toronto has a Visiting Elders Program. for more information contact Jimmy Dick at (416) 964-9087, ext. 337.

If you happen to live in Ottawa, the Department of Indian Affairs (INAC) has a Kumic program which brings in elders from across the country for as much as a week at a time. They hold sessions in the Kumic lodge at INAC headquarters in Hull. Information is available on the INAC site at this link.

What is the frequency that the Forgotten People is published?

As often as time and resources permit. We try for three or four a year.

Does CAP have a mailing list for the Forgotten People?

Yes. To get on the list email Jina at CAP or use the contact information here.

What is the fee for the Forgotten People?

There is no fee, it is mailed free.