INDIAN ACTINDIAN ACTMi’kmaq Studies 10

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Indian ActIndian ActPassed in1876Written 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

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ObjectivesObjectivesFederal 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

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Indian AgentsEnforced on reservesPowerful = distribution of federal funds

Concerns directed to Agent Outcome always according to the Agent’s interpretation of the Indian Act

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Duncan Campbell ScottDuncan 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, 1913-1932

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What did the Indian Act What did the Indian Act do? 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

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StatusStatusA 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.

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StatusStatusAll status Indians are registered

with the federal governmentStatus Indians are governed by

the Indian ActFederal government expected

Aboriginal people to eventually give up their Indian status and become full citizens.

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EnfranchisementEnfranchisementThe giving up of Indian status to become

“ordinary” citizens - gain the right to voteSeen as an honour by the Canadian

governmentSeen 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

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Enfranchisement cont…

Early Indian ActWomen 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)

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Reserve LandIn Nova Scotia, band members do

not own their own landBands cannot sell or lease landLand cannot be taxed,

mortgaged or seized for debtTherefore land cannot be used to

secure loans

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White Paper on Indian White Paper on Indian Policy 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

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Red Paper Response Red Paper Response (1970)(1970)In response to White PaperHarold Cardinal and the Indian

Chiefs of Alberta Wanted total rejection of the

White PaperSupported by all provincial and

territorial governmentsAimed to make revisions to Act,

not do away with it

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Amendments to the Indian Amendments to the Indian ActActThere are many amendments to the

Act since it was enacted in1867In 1951, the Act was changed so many

of the oppressive laws were no longer in effect

Ban on traditional ceremonies was droppedBan on raising money for political purposes is

droppedBan entering public bars dropped Indian women now allowed to vote in council

elections Objective of assimilating natives is still in place

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Bill C-31Bill C-31In 1985, Bill C-31is passed to allow

over 100 000 Aboriginal people to regain their Indian status

Gave more rights to native womenremoval of discriminationrestoring status and membership

rights increasing control of Indian bands

over their own affairs