canada aboriginal-law
What are the consequences of &quot;band&quot; membership under Canada&#39;s Indian Act?
<p>Canada's <a href="https://laws-lois.justice.gc.ca/eng/acts/i-5/FullText.html" rel="nofollow noreferrer"><em>Indian Act</em>, R.S.C. 1985, c. I-5</a> recognizes &quot;bands,&quot; &quot;members of a band,&quot; and &quot;Band Lists.&quot;</p>
<p>A band may control its own membership according to membership rules it creates for itself, and with the consent of the majority of the electors of the band.</p>
<p>What are the consequences of membership in an <em>Indian Act</em> band?</p>

<p>The consequences of membership in a band include the following:</p>
<ul>
<li>this is one path to entitlement to be registered as an Indian in the Indian Register (see s. 6(1)(b)) and all the consequences of that registration;</li>
<li>eligibility for certificates of possession on the reserve lands of the band (see ss. 20, 24, 81(1)(i)), and when residing on the reserve, being subject to the by-laws created by the band (s. 81(1));</li>
<li>entitlement to a share of distribution of band money (s. 64);</li>
<li>eligibility to distribution of up to $3000 of band money for infant children (s. 52.1); and</li>
<li>entitlement to vote or run for councillor or chief (ss. 74-77).</li>
</ul>
<p>Note though that the <em>Indian Act</em> band structure is only one of several modes of Indigenous governance in Canada. See e.g. the <a href="https://www.nisgaanation.ca/" rel="nofollow noreferrer">Nisga'a Nation</a> and the <a href="https://yukon.ca/en/agreements-first-nations" rel="nofollow noreferrer">many First Nations with self-government agreements in Yukon</a>.</p>
