The indian act 1876-Present

INDIAN ACT, 1876 - Basic Summary All the laws related to Aboriginals were put together in one act. Formalized assimilation of First Nations Government administration of reserves and Treaty Rights across the Dominion. Changed over time with new regulations added or repealed as Canada developed. Under the act, Native Canadians were not legally qualified to make decisions for themselves. They were treated as children. “Wards of the State” that the government had a duty to “Protect” and “Civilize” The Canadian government could make decisions concerning the First Nations without consulting them.

Indian act 1876 First Nations were wards of the government, living only on reserves. First Nations required to register with the government, if they did not they were considered “non-status” and would lose rights. Special Passes required to come and go from reserves. Europeans not allowed on reserves. Not considered “persons”

Administrative powers Department of Indian Affairs (created 1880) administered the Government of Canada’s responsibilities under the Indian Act. Indian Agents appointed to regulate and enforce the Indian Act in their respective region. Indian Act gave agents almost dictatorial control over Aboriginal peoples’ lives

Definition of “Indian” Qualified First Nations required to register with the government. Excerpt from the Indian Act: “3.3 The Term “Indian” means First. Any male person of Indian blood reputed to belong to a particular band; Secondly. Any child of such person. Thirdly. Any woman who is or was lawfully married to such person.”

Loss of Status The following actions resulted in a loss of status: Marrying a man who was not a Status Indian Children of First Nations women and non-First Nations men. Earning a University Degree Serving in the armed forces. Enfranchisement (until 1960, an Indian could vote in federal elections only by renouncing Indian status) Children who lived off reserve for more than 5 years.

Political interference Ignored traditional First Nations forms of government (Hereditary) It imposed the Euro-Canadian town council on First Nations Band councils and chiefs would be elected, just like a mayor.

Cultural activities prohibited Provision to the Indian Act (1884) designed to discourage and punish First Nations from participating in cultural practices. In 1884 the potlatch was banned In 1895 Natives are not allowed to wear traditional clothing or participate in traditional dances.

Other Restrictions under indian act Sale of ammunition to First Nations Under the IA Status Indians were forbidden to own or consume alcohol It was forbidden to sell alcohol to Status Indians (1884-1985) Prohibition of pool hall owners from allowing entrance of an Aboriginal (1930)

Education policy Education one of the key ‘tools’ to assimilation. Key component of the Indian Act Provisions to act in 1884 provided for compulsory school attendance of First Nations children. Schools were established by government in partnership with Canadian Catholic, Catholic, Anglican, Presbyterian and United Churches churches Funded by the government and run by the churches.

Gordon Anglican Residential School

“Killing the Indian in the Child” Part of federal government assimilation policy focused on eliminating children’s cultural beliefs and practices. Goals: “Civilize and Christianize” Aboriginal children Promote economic self- sufficiency by teaching First Nations children to become farmers and labourers

Children separated from family and sent to schools far from home. First Nations parents were fined or jailed if they did not send their children to residential schools. Some families did see ‘education’ as progress and voluntarily sent their children

Residential school system Over 139 schools operated between 1883-1996. Slowly begin to phase out in the 1960s and most closed by 1970s. Last school closes in 1996. Replaced by band schools. 150,000 First Nation, Inuit and Métis children were removed from their communities and forced to attend the schools.