The Indian Act Paternalism and Assimilation

What is the Indian Act? A statute (act of Parliament) that covers how the Canadian government deals with First Nations bands The act was first passed in 1876 and is still in effect (with amendments) The act is very wide-ranging and gave the federal government total power over First Nations and their land Purpose was to encourage assimilation The act was paternalistic and treated Aboriginal people like children that needed parents to look after them The Indian Act is not a treaty and was not negotiated; it was imposed on Aboriginal Peoples by the government

“I want to get rid of the Indian problem “I want to get rid of the Indian problem. I do not think as a matter of fact, that the country ought to continuously protect a class of people who are able to stand alone… Our objective is to continue until there is not a single Indian in Canada that has not been absorbed into the body politic and there is no Indian question, and no Indian Dept.” Duncan Campbell Scott, head of Canada’s Department of Indian Affairs from 1913 to 1932

What is the Indian Act? It says how reserves and bands can operate Defines how bands can be created and spells out the powers of "band councils“ Disregarded the traditional line of heredity that many First Nations followed in choosing their leaders Government officials had power to remove chiefs (for reasons such as dishonesty, incompetence, or immorality) Government refused to honour treaty payments or to provide services to any band that failed to obey It defines who is, and who is not recognized as an "Indian"

Definitions Status Indian Non-Status Indian Treaty Indians A person listed on the official Indian register maintained by the federal government Status Indians are entitled to certain rights and benefits under the law (often those established by treaties) Non-Status Indian People who consider themselves First Nations but are not recognized by the government as Indians Either because they are unable to prove their status or have lost their status rights Non-status Indians do not have the same rights and benefits as Status Indians Treaty Indians Status Indians who belong to a First Nation band that signed a treaty with the government

Loss of Indian Status Until the 1960s, Status Indians could be “enfranchised” – which meant the government could take Status away from an Indian, with or without consent, and replace it with Canadian citizenship Reasons for loss of status could include: Voting in a federal election Getting a university degree Serving in the military Being a clergyman or a lawyer Aboriginal women who married non-Native or non-Status men (their children would also lose status)

Indian Agents Federal government’s representative on reserves Usually non-Aboriginal and male, and held great power Most lived on the reserve and were responsible for its administrative affairs (controlled band council meetings, approved bylaws, managed finances) Could remove chiefs and band councilors for refusing to follow the government’s rules and regulations They inspected reserve schools and health conditions

Indian Agents (continued) They could prosecute and hand down sentences for Act violations First Nations people not allowed to drink on or off reserves – Indian agents could punish them for doing this First Nations were not allowed to leave the reserve without the Indian agent’s permission until the mid-1950’s Indian agents could even become chiefs, despite the fact that they were not aboriginal Basically, the Indian Act gave one individual control over a vast array of social, political, economic and cultural functions that used to be managed by the community

Timeline of changes to the Indian Act: 1879: First amendments were passed; “half-breeds” were withdrawn from the treaty agreements. 1880: Native people of the West could not sell their crops (wheat and vegetables), to keep them from competing with White farmers 1884: The potlatch and other religious ceremonies and dances were banned; Aboriginal people could be sentenced to 2-6 months for breaking the law 1894: Any Native land not being used for cultivation could be leased to non-Aboriginal people

Timeline of changes to the Indian Act: 1905: Indigenous people could be removed from reserves that were too close to White towns of more than 8000 residents 1911: Municipalities and companies allowed to take portions of reserve land, without the consent of the band, for roads, railways, and other public works 1914: Status Indians required to get official permission before appearing in Native costume in any dance, show, exhibition, stampede, or pageant 1918: Aboriginal people could not be conscripted into the army, but if they volunteered they would not lose status

Timeline of changes to the Indian Act: 1927: Made it a crime to raise money for Indian land claims without a special license from the government, banned Indigenous people from forming political organizations, and prohibited Indians from speaking their Aboriginal languages 1930: Banned Status Indians from playing pool if they “did it too often and wasted their time to the detriment of themselves and their families” 1951: The Indian Act was completely overhauled Lifted the ban on potlatches Allowed Indigenous people to purchase alcohol and enter public bars

Native Voting Rights In 1960, Indigenous people received the right to vote in federal elections (without losing status) under the government of Prime Minister John Diefenbaker They were the final group of people in Canada to get the vote John Diefenbaker being named Chief Walking Buffalo by Chief Little Crow of the Sioux Indian Tribe

The 1969 White Paper: Under Prime Minister Pierre Trudeau, the Canadian government released its White Paper on Indian Policy It called for the complete assimilation of First Nations peoples into Canadian society White Paper proposed to: repeal the Indian Act, ending federal responsibilities to First Nations end Indian status and treaties eliminate reserve land transfer all responsibilities for Aboriginal peoples to the provinces

The 1969 White Paper: The paper was presented by the Indian Affairs minister at the time, Jean Chrétien The reaction was immediate and fierce, with almost every Indian organization protesting against the plan The paper was dropped and Indigenous political organizations became stronger and more unified Also in 1969, Indian agents were removed from the reserves

The 1982 Constitution: The Constitution Act recognized “existing aboriginal and treaty rights” that guaranteed equality to Aboriginal men and women The Canadian Charter of Rights and Freedoms stated that the protection of individual rights would not take away from the protection of “aboriginal, treaty or other rights or freedoms that pertain to the Aboriginal peoples.”

Bill C-31: In 1985, Bill C-31 was passed in Canada to end the discrimination against Aboriginal women found in the original Indian Act (and make it compliant with the Charter of Rights and Freedoms ) Aboriginal women who married non-Native or non-Status men would no longer lose status (nor would their children) However, there was a “two-generation cut-off clause” Marry out of status for two generations, and the children of the second union are non-status

Who has Status now? In the past, if you were a Status Indian you automatically qualified for band membership Now there are two aspects of identifying “Indians” The federal government maintains a list of all Status Indians who qualify for federal services and benefits Each local band also keeps a list of band members eligible for band entitlements (the Indian Act allows band to maintain their own membership codes) This creates a situation where an Indigenous person might qualify for federal Indian status, but be denied band membership because they fail to meet local criteria!

Indians now limiting Indian Status The land and resources that Indigenous people control are finite, but populations continue to grow In response, many bands have adopted strict membership codes in order to limit new members Indian status is not solely about culture; it is about entitlement to resources For bands, accepting new members means cutting an already small “pie” into smaller pieces