1. The Indian Act
1876 – the present

2. "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

3. 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

4. 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”

5. 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!

6. 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

7. 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

8. 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

9. 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)

10. 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

11. 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

13. 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

14. 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

15. 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

16. 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.

17. 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,

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