B A N D M E M B E R S H I P
This section of the website contains information about band membership codes. I received copies of these codes as a result of an ATIP (Access to Information and Privacy) request made to Indian and Northern Affairs Canada (INAC) several years ago.
Under section 10 of the Indian Act, 1985, individual bands are required to submit their membership codes to INAC for approval before they are allowed to officially get out from under the Indian Act to determine their own rules for who can be a member of their particular band. Once their code has been approved by INAC, it is the band's responsibility to maintain their own band membership lists.
The codes that INAC provided to me (which you see here) represent those that were originally submitted to INAC for approval by individual bands. As there is no requirement for bands to provide INAC with updated versions of their membership codes when they are amended from time to time, most of the codes contained on this website are likely out of date and may not reflect the codes which are currently in place.
That being said, I felt that it was important for all Indigenous peoples; including status and non-status Indians, members and non-members, regardless of whether they live on or off-reserve, or on or off traditional territory, to be able to access critical information about the governance structures within their home communities. Many individual Indigenous peoples have contacted INAC to obtain copies of their band membership codes only to be told that they must contact their band to get this information. Many of these same individuals who did contact their bands either received no response or were refused a copy of the membership code.
In my view, there can be no more critical information about an Indian Act band than the laws and rules by which they govern. Band membership codes are a critical part of band governance for both the band and their members. Even potential members have a legitimate interest in knowing these rules and whether or not they are fair and just or whether they could challenge these rules. Given the fact that these are key aspects of democratic governance, members and non-members alike have a right to accessing information about how these governments operate.
While the codes I have provided on this website may or may not reflect the current codes, they are an important part of each community's history and development and may in fact be the only means by which Aboriginal peoples can actually access information about their band. I should point out that not all band's refuse to provide access to their governance systems and rules. For example, the Kahkewistahaw Indian band is a Cree band located 150 km east of Regina in Saskatchewan. They have their band membership code published on their band's website. The problem for Aboriginal peoples is that this band represents the exception not the rule.
I invite all bands and Indigenous Nations to submit their updated band membership codes or their citizenship codes to me so that I can include them on this website for the benefit of everyone. Truly representative Indigenous governments were traditionally open and accountable and there is no justifiable reason for not continuing in those traditions for the benefit of all Indigenous peoples.
Please note that there is a separate page for those bands or Indigenous Nations which now have their own self-government agreements and therefore use citizenship codes instead of band membership codes. These kinds of codes may or may not reflect treaty and/or land claim beneficiary criteria. Please do not rely on anything contained in this website as legal advice.