The Indian Act 1876 – the present

"The great aim of our legislation has been to do away with the tribal system and assimilate the Indian people in all respects with the other inhabitants of the Dominion as speedily as they are fit to change.” - John A Macdonald, 1887

Government Aims First Nations considered inferior Purpose = to gradually assimilate Aboriginals into Canadian Society Considered “wards of the state” Same legal status of children so had to obey laws that dictated all aspects of their lives

The Indian Act 1876 Acts to Protect Indian Lands (1850) Meant to consolidate previous Acts pertaining to Canada’s First Nations Acts to Protect Indian Lands (1850) Only Crown can deal with Aboriginal lands & resources But also tried to define who was “Indian”

The Indian Act 1876 2. The Gradual Civilization Act (1857) Meant to consolidate previous Acts pertaining to Canada’s First Nations 2. The Gradual Civilization Act (1857) Promotion of “voluntary enfranchisement” (legal process for terminating a person’s Indian status & gaining full Canadian citizenship) Aboriginal males would give up status in order to enjoy full rights of Canadian citizens Need to be educated, male, 21 yrs +, debt free, be able to read and write & approved by Non-Aboriginal Board would be eligible to 50 acres of reserve land (vs. Treaty Agreements) Most First Nations outraged!

The Indian Act 1876 3. The Gradual Enfranchisement Act (1869) Meant to consolidate previous Acts pertaining to Canada’s First Nations 3. The Gradual Enfranchisement Act (1869) To encourage Aboriginal assimilation Since Band Councils discourage Aboriginals from becoming enfranchised, force elected band councils only males could participate Every decision by council needs approval by gov’t official 1st law to distinguish between “Status” & “non-Status” Now women who marry non-Aboriginal lose status

What about Treaty Agreements? Under Treaties – First Nations treated as equal “partners” Indian Act = more like Colonizer vs. Conquered Status Indians need to be on list to receive the following benefits right to live on a reserve right to be exempt from fed’l & prov’l taxes right to receive government transfer payments But sometimes, lists not always complete or accurate

Status vs. Non-Status: The Fallout Government has fewer people to pay for Harder to unite for political reasons Forced loss of Status: For women who marry non-status male For Aboriginals who obtain a university degree

The Indian Act: Land ALL without CONSENT from Band Council Treaties had granted Bands reserves for “as long as the sun shines and the water flows” Under Indian Act: Government: OWNS & Controls all reserve land Could lease out best land to local farmers Could move band if enveloped by settlement Could use land for public purposes (e.g. airport) Could grant surface rts to mining companies ALL without CONSENT from Band Council (gov’t still has this control today)

The Indian Act: Governance Before After Indian Act Deputy Minister Parliament Cabinet Minister of Indian Affairs British Crown Colony First Nations Indian Agent Band Council

The Indian Agent Lived on reserve Enforced Indian Act Kept all records Administer/control finances Organize band elections, preside over meetings Act as local justice of the peace (the law) Inspect schools and sanitation sites Some Indian agents okay but others = dictators

Banning Traditional Ceremonies Many traditional ceremonies were seen as barbaric and as barriers to assimilation 1884 Amendment Banned 2 Pacific Coast Ceremonies Potlatch (celebration and distribution of wealth) Tamanawas Dance (communication with the creator) This prevented the passing down of their oral history and values for generations

Banning Traditional Ceremonies 1895 Amendment banned sacred dances of Plains First Nations e.g. Sun Dance 1920s = real enforcement (could be jailed for 6 months) 1950s – revised to exclude bans Some tradition lost when elders could not pass down teachings

Other Restrictions Education Legal Claims Voting Rights Minister must provide education for children ages 6-18 Creation of Residential School System Legal Claims 1927 – need to apply for license to raise $$ for legal claims Voting Rights Not until 1960 that all status Indians have right to vote

Reserves represent the last tangible evidence that they are the original people of Canada nurture a sense of history and culture where Indigenous languages, spiritual beliefs and values are shared Although conditions of extreme poverty, poor health, insufficient housing, and impoverished social and health services still exist in many reserves, the reserve and the traditional values, and the kinship affiliation it nurtures contribute to their members’ sense of identity and sense of self. Increasingly, policies in the areas of health, economic development and education have resulted in new and expansive services on many reserves.

Why isn’t it abolished? “We do not want the Indian Act retained because it is a good piece of legislation. It isn’t. It is discriminatory from start to finish. But it is a lever in our hands and an embarrassment to the government, as it should be. No just society and no society with even pretensions to being just can long tolerate such a piece of legislation, but we would rather continue to live in bondage under the inequitable Indian Act than surrender our sacred rights. Any time the government wants to honour its obligations to us we are more than happy to help devise new Indian legislation.” Cardinal, Harold. The Unjust Society. 2nd ed. Vancouver: Douglas & MacIntyre, 1999. 140.

For more information: http://indigenousfoundations.arts.ubc.ca/home/government-policy/the-indian-act.html https://www.aadnc-aandc.gc.ca/eng/1100100028564/1100100028566