Image retrieved from CBC News:
<https://www.cbc.ca/news/indigenous/21-things-you-may-not-know-about-the-indian-act-1.3533613>
Tansi Nîtôtemtik,
The Indian Act[1], which was enacted in 1876, allows the government to control many elements of Indigenous life, including Indian status, land, resources, wills, education, band administration, and more.[2] Throughout history, the Indian Act has been “highly invasive and paternalistic.”[3] Inuit and Metis are not governed by the Indian Act.[4] Originally, the Indian Act had a clear intention to assimilate First Nations into Western society following colonization. For example, First Nations who earned a university degree and women who married non-status men would automatically lose their Indian status.[5] The Act also inhibited some traditional practices.[6] In 1884, the federal government banned the potlach under the “Potlach Law”.[7] The potlach was an important ceremony for western coastal First Nations which distributed wealth.[8]
In 1951, following the Second World War, Canada amended the Indian Act.[9] These amendments were part of a growing movement to accept human rights across Canada and stemmed from Canada’s commitment to the United Nations’ Universal Declaration of Human Rights.[10] In these amendments, the most oppressive sections were removed or amended.[11] For example, the potlach and other banned cultural practices was no longer banned.[12] Additionally, First Nations Peoples were allowed to enter pool halls, appear off-reserve in ceremonial dress, hire legal counsel, and women were allowed to vote in band councils.[13] In 1969, the federal government proposed the “White Paper” policy which was intended to create equality by abolishing the Indian Act and dismantling the Department of Indian Affairs.[14] This proposal was opposed by many First Nations groups who felt that although the Indian Act was deeply flawed, removing the legal distinction as Indian people would be detrimental.[15]
In essence, the Indian Act is antiquated and requires reform as we move into the age of reconciliation, following the release of the Truth and Reconciliation Commission’s Final Report in 2015. This is a highly controversial piece of legislation which has received many critiques over time. The Indian Act, however, affirms the unique relationship between Canada and First Nations Peoples.[16] This is one of the main reasons that there has been push back on abolishing the Act.
Until Next Time,
Team ReconciliAction YEG
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[1] Note: This post uses some language that is no longer considered acceptable. For a full discussion on the use of language, please visit our post “Terminology to Use and Avoid”: <https://ualbertalaw.typepad.com/faculty/2019/09/elements-of-indigenous-style-terminology-to-use-and-avoid.html>.
[2] Indigenous Foundations, “The Indian Act”, University of British Columbia (website), online: <https://indigenousfoundations.arts.ubc.ca/the_indian_act/> [The Indian Act]; Isabelle Montpetit, “Background: The Indian Act”, CBC News (website), online: <https://www.cbc.ca/news/canada/background-the-indian-act-1.1056988> [Isabelle Montpetit]; John Ahni Schertow, “How the Indian Act Made Indians Act like Indian Act Indians”, Intercontinental Cry (website), online: <https://intercontinentalcry.org/how-the-indian-act-made-indians-act-like-indian-act-indians/> [John Ahni Schertow].
[3] The Indian Act, ibid.
[4] Indigenous Foundations, “Indian Status”, University of British Columbia (website), online: <https://indigenousfoundations.arts.ubc.ca/indian_status/> [Indian Status].
[5] Isabelle Montpetit, supra note 2.
[7] The Indian Act, supra note 2.
[8] Ibid.
[9] Ibid.
[10] Ibid.
[11] Ibid.
[12] Ibid; John Milloy, Indian Act Colonialism: A Century of Dishonour, 1869-1969 (2008), online: <http://www.fngovernance.org/ncfng_research/milloy.pdf> [John Milloy].
[13] The Indian Act, supra note 2.
[14] Ibid; John Milloy, supra note 12.
[15] The Indian Act, supra note 2; John Milloy, supra note 12; John Ahni Schertow, supra note 2.
[16] The Indian Act, ibid.
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