
When Enfranchisement Outlives the Law: Nicholas v Canada and the Continuing Reach of the Indian Act
For generations, enfranchisement was one of the Indian Act’s principal instruments of assimilation. It rested on a stark premise: a First Nations person could obtain the rights associated with Canadian citizenship only by relinquishing legal recognition as an “Indian.” Although Parliament abolished enfranchisement in 1985, its consequences did not disappear with the statutory mechanism that...
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