I found this information in one of the enforcement manuals (ENF 4) that CBSA uses to assess a person at a Port of Entry:
American Indians not registered in Canada
It is the position of both the Canadian and U.S. governments that the authorization of entry of non-citizen North American Indians is governed solely by immigration legislation and not by the Jay Treaty. The rules governing the entry of American Indians in to Canada differ from those governing access to the United States by Canadian Indians.
Under the U.S. Immigration and Nationality Act, Canadian Indians who can demonstrate that they have “50% or more Indian blood,” by presentation of their band registration card, are entitled to permanent resident status in the United States. As a result, Canadian Indians who arrive at U.S. ports of entry and state that they intend to work in the United States are instructed by United States Customs and Border Protection officials to apply for permanent resident status on the spot. The applicants are immediately issued temporary residency cards and are entitled to work in the United States without work permits.
Under Canadian immigration law, however, North American Indians are only accorded the right to enter Canada if they are registered on the Canadian Band Lists. An American Indian can only obtain registered band status if they can establish that their mother or father was a member of a Canadian band. Therefore, American Indians coming to Canada to work or study require work or study permits. Virtually all members of the Indian nations whose traditional lands straddle the border are entitled to be registered under the Indian Act, and once they have exercised this option, they may enter Canada by right under A19(1).
Some American Indians have difficulty accepting that Canadian law requires them to be registered formally as members of a Canadian Indian band before they can legally work in Canada. BSOs should deal tactfully with cases of this nature.
So an Indian from The U.S. can only `enter' Canada [maybe!], while his/her equivalent from Canada can become a U.S. Green Card holder?
How is this fair?
American Indians not registered in Canada
It is the position of both the Canadian and U.S. governments that the authorization of entry of non-citizen North American Indians is governed solely by immigration legislation and not by the Jay Treaty. The rules governing the entry of American Indians in to Canada differ from those governing access to the United States by Canadian Indians.
Under the U.S. Immigration and Nationality Act, Canadian Indians who can demonstrate that they have “50% or more Indian blood,” by presentation of their band registration card, are entitled to permanent resident status in the United States. As a result, Canadian Indians who arrive at U.S. ports of entry and state that they intend to work in the United States are instructed by United States Customs and Border Protection officials to apply for permanent resident status on the spot. The applicants are immediately issued temporary residency cards and are entitled to work in the United States without work permits.
Under Canadian immigration law, however, North American Indians are only accorded the right to enter Canada if they are registered on the Canadian Band Lists. An American Indian can only obtain registered band status if they can establish that their mother or father was a member of a Canadian band. Therefore, American Indians coming to Canada to work or study require work or study permits. Virtually all members of the Indian nations whose traditional lands straddle the border are entitled to be registered under the Indian Act, and once they have exercised this option, they may enter Canada by right under A19(1).
Some American Indians have difficulty accepting that Canadian law requires them to be registered formally as members of a Canadian Indian band before they can legally work in Canada. BSOs should deal tactfully with cases of this nature.
So an Indian from The U.S. can only `enter' Canada [maybe!], while his/her equivalent from Canada can become a U.S. Green Card holder?
How is this fair?