[t]he term American Indian born in Canada as used in section 289 of the Act includes only persons possessing 50 per centum or more of the blood of the American Indian race. It does not include a person who is the spouse or child or such an Indian or a person whose membership in an Indian tribe or family is created by adoption, unless such person possesses at least 50 per centum or more of such blood.
8 C.F.R. § 289.1. While the C.F.R. has specifically enumerated which family members are not entitled to Section 289 rights, it is significant to note that the U.S. INA has a somewhat broader definition of child, more closely resembling the Revised Statutes of Canada [hereinafter R.S.C.] section than the C.F.R. INA § 101(b)(1).
This is particularly important in the case of Indians, who are inclined to rove, a fact which has been accepted by the United States and Canada with reference to the movements of Indians to and fro across the International Boundary. A provision to this effect was included in the Jay Treaty of 1794 between Great Britain and the United States and confirmed by the Treaty of Ghent in 1814.