In Canada, First Nations people are often referred to as First Nations people. This term competes with the term "Indian", which is usually used in a blurred way in public for all members of the Indian tribes recognized by the state (bands or tribes), but also for all those who consider themselves to be Indians or who are attributed to this group by others.
Since 1876, the Indian Act has defined exactly who is an Indian. To be recognized as an Indian by the state, one must belong to one of the recognized Indian tribes. It is not possible to belong to more than one tribe, even if the parents belonged to different tribes; the father is decisive. Even in regions where the ethnic groups had a completely different understanding and did not know any tribes in the European sense, this concept based on genetic kinship was imposed on them. The discussion about the cartographic definition of the so-called traditional tribal areas, which is of greatest importance for compensation payments and treaty negotiations, is thus oriented towards 19th century ideas. In many regions, however, there were not exclusive rights to a particular tribal territory, as Euro-Canadians often think, but rather overlapping rights of use, which were also often tied to groups of houses and dwellings or to families, clans, and kinship lines, and also to cyclical migrations throughout the year.
The term First Nation is intended to counter the state's power of definition with its own understanding. This consists of the fact that each tribe determines for itself who is to belong to it, and that recognition as a tribe does not depend on a state authority. Thus, there are numerous First Nations that are not officially considered tribes. At the same time, there is a greater emphasis on the character of a sovereign nation with all rights and responsibilities. Accordingly, the Assembly of First Nations functions as the national representative body. Currently, about 20% of the members of recognized First Nations are not recognized as Indians. A number of First Nations, such as the Kichesipirini in the province of Quebec, are not recognized as a tribe.
The term First Nations was first used officially in 1982 when the Assembly of First Nations was named. As a self-designation for most ethnic groups, it has now largely replaced the term Band or Indian Band, so that the term is also in common use in the singular. While the term tribe predominates in the United States, in Canada the term band remains in official usage. It is used as a kind of generic term that encompasses First Nations, Tribes and Bands.
Although the term First Nations is also used by the Canadian authorities, it is not precisely defined legally. Therefore, the competent authorities prefer the term Indians in legal matters. The ministry responsible for "Indian Affairs" in Canada is Indigenous and Northern Affairs Canada. Ministries with similar names exist in the provinces.
In the Indian Act already mentioned, three types of Indians are distinguished:
- Status Indians: Members of an Indian people who are registered or eligible for registration as Indians. They are registered by name in the Indian Registry, which is maintained by Indigenous and Northern Affairs Canada.
- Non-Status Indians: members of an Indian tribe who are not eligible to register as Indians.
- Treaty Indians: members of the Indian peoples who signed the eleven "Numbered Treaties" with the Crown of Great Britain between 1871 and 1921.
There is also a fourth group whose size has grown to about 117,000 since 1985. They are the descendants of Indian women who have married non-Indians. Since the Indian Act considers only patrilineal descent as decisive - in contrast to the matrilineal Iroquois, for example - these children could only regain Indian status upon application. But in turn, their children lose that status unless they marry a status Indian. This ruling ensures that this group, known as Bill C-31 Indians, will largely disappear after two generations. It also contradicts fundamental rights such as those contained in the 1982 Constitution. These include, in this case, according to the British Columbia Supreme Court, the equality of all before the law, especially without regard to ancestry or gender. With the death of the last status Indians, the reserve granted only to them must be returned to the government - a process that Six Nations chief Bill Montour calls "the greatest land theft of the century."
All members of recognized tribes who wish to obtain entitlements to government benefits under the Indian Act must be enrolled in the Indian Register. This Indian Register is maintained by Indigenous and Northern Affairs Canada.
A number of rights and claims against the government are attached to the term Status Indian. These relate to land rights, material benefits and protection against expropriation. The status could be lost by simply leaving the reservation, by moving to another reservation or by marriage. However, this trend seems to be slowly reversing as more and more Native people are registering and their birth rate is significantly higher than the rest of the population. Attitudes towards registration have also changed significantly in urban areas. For a long time, there was a fear of racially motivated discrimination or even contempt, especially there, if the origin became known.