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Outdated and Offensive Language

The removal of objectionable or insensitive terms


What is the issue?


The Indian Act has administrated the lives of First Nations individuals, dating back to 1867. It is, simultaneously, an active legal instrument and a dated colonial artefact embedded with outdated and offensive language.

As strides towards inclusion, accessibility and diversity are being made, the phrase “mentally incompetent Indian” may be considered by some to be violent language that requires replacement.

Despite an extensive number of laws written to support the needs of dependent adults and their families, the Indian Act remains the only law that attaches a precise legal meaning to “mentally incompetent Indian”.


What is the proposed amendment for this issue?

The proposed amendment will replace all references to “mentally incompetent Indians” with the modern language “dependent person”. This amendment does not alter the definition of the term, but would remove offensive language so that it aligns the language with other contemporary laws.




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