FIRST NATION(S)

Introduction

The article discusses Branch policy on the capitalization of the term "First Nation(s)" in federal legislation.

Recommendation

The term "First Nation(s)" should always appear with initial capitals.

Discussion

Until now, the capitalization of this term has followed that of "band". That is, the lower case was used except in the official name of an Indian band (e.g. "council of a band" but "the Stony Band (of Indians)", and similarly "the first nations in British Columbia" or "any first nation" but "the Buffalo Point First Nation").

Despite this history in the Branch, a change in this practice is now advocated as the language appears to have evolved. A survey of various sources in print and on the Internet indicates that our practice is not general usage. In the overwhelming majority of cases, "First Nation" appears with initial capitals. In fact, at least three Canadian dictionaries list the term only with initial capitals.

Indian and Northern Affairs Canada has its own terminology guide, Words First (http://www.ainc-inac.gc.ca/pr/pub/wf/index_e.html), which indicates that "the term "First Nations (people)" generally applies to both Status and Non-Status Indians" and that it should be capitalized when used as a noun and as a modifier, both in the singular and the plural. As the exact meaning of the term is less clear in other sources, drafters must take the appropriate steps to ensure that the intended meaning is clear in the context.

The guide notes that there is no legal definition of "First Nation(s)" and that "…the provisions of the Indian Act, its regulations, other federal statutes and their interpretation by the courts take precedence over the content of (the) guide". However, the term is to be preferred over "Indian" except in certain cases, including "… in discussions of some legal/constitutional matters requiring precision in terminology". One solution to this problem that has already been used in legislation is to define "First Nation" to mean "a band within the meaning of the Indian Act".

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