1. INDIAN ACT
Mi’kmaq Studies 10

2. Indian Act
Passed in1876
Written in response to the “Indian problem” by the Canadian government
Controversial treaty defining the relationship between the Canadian government and natives
Aboriginal people were not consulted in making or changing the Indian Act

3. Objectives
Federal government would have ultimate control over aboriginal people
Government was to act as a guardian for the native people
Would gradually work to assimilate Aboriginal people
Native peoples were NOT consulted

4. Indian Agents Enforced on reserves
Powerful = distribution of federal funds
Concerns directed to Agent
Outcome always according to the Agent’s interpretation of the Indian Act

5. Duncan Campbell Scott
“The happiest future for the Indian race is absorption into the general population and this is the object of the policy of our government. The great forces of intermarriage and education will finally overcome the lingering traces of native custom and tradition.” – Duncan Campbell Scott, Deputy Superintendent of Indian Affairs,

6. What did the Indian Act do?
placed complete control over Aboriginal politics, culture, education, and personal lives in the hands of the federal government
established rules that dictated who was Indian and who was not (status/non-status)
located all financial control of Aboriginal peoples with the federal government
did not allow Aboriginal people to own land
forced a new form of education on Aboriginal peoples
did not allow aboriginal people to vote in a federal election until 1960

7. Status
A Status Indian is a person defined as an Indian by the Indian Act and has been registered as an Indian by having their name either on a Band list or a General list, and having certain rights, restrictions and benefits under the Indian Act.
Sometimes referred to as a Treaty Indian.
Approximately 60-70% of status Natives live on reserves.

8. Status All status Indians are registered with the federal government
Status Indians are governed by the Indian Act
Federal government expected Aboriginal people to eventually give up their Indian status and become full citizens.

9. Enfranchisement
The giving up of Indian status to become “ordinary” citizens - gain the right to vote
Seen as an honour by the Canadian government
Seen as a loss of status and a threat to cultural way of life – weaken the native community
In 1960, registered Indians received the right to vote in Canadian elections without having to give up their status
Prior – only Native veterans, natives living off reserve, and reserve natives who paid tax

10. Enfranchisement cont…
Early Indian Act
Women married to non-native men were automatically enfranchised (lost Indian status)
Native man married to a non-native woman, she gained Indian status (he did not lose his)

11. Reserve Land In Nova Scotia, band members do not own their own land
Bands cannot sell or lease land
Land cannot be taxed, mortgaged or seized for debt
Therefore land cannot be used to secure loans

12. White Paper on Indian Policy
Written in1969 by Jean Chretien, the Minister of Indian Affairs under the leadership of Prime Minister Pierre Trudeau
Idea was to implement a policy of termination which would put an end to the special constitutional status that Indian people have in this country

13. Red Paper Response (1970) In response to White Paper
Harold Cardinal and the Indian Chiefs of Alberta
Wanted total rejection of the White Paper
Supported by all provincial and territorial governments
Aimed to make revisions to Act, not do away with it

14. Amendments to the Indian Act
There are many amendments to the Act since it was enacted in1867
In 1951, the Act was changed so many of the oppressive laws were no longer in effect
Ban on traditional ceremonies was dropped
Ban on raising money for political purposes is dropped
Ban entering public bars dropped
Indian women now allowed to vote in council elections
Objective of assimilating natives is still in place

15. Bill C-31
In 1985, Bill C-31is passed to allow over Aboriginal people to regain their Indian status
Gave more rights to native women
removal of discrimination
restoring status and membership rights
increasing control of Indian bands over their own affairs