CANADA TAKES CONTROL Chapter 6

JOINING CANADA BNA Act/Constitution Act 1867 continued policy of discriminating against First Nations by enforcing government control o federal government controlled “Indian Affairs” o provinces controlled land and natural resources  ignored First Nations resource management  determined lands for reserves

BC becomes a province 1871 o BC content to omit First Nations, federal insisted on including them (Section 13)  federal assumed treaties negotiated as in Ontario  Terms of Union made no mention of Aboriginal title to land or need for treaties to be negotiated  land reservations to be parceled out as before  fed assumed 80 acres as in Ontario, but BC at 10 acres  Joseph Trutch to be lieutenant-governor

o Superintendent of Indian Affairs for BC – Dr. Israel Powell  divided BC into “ Agencies ” to be administered by Indian Agent  caught between federal govt and prov govt policies  despite Treaties 1-7 in prairies, BC continued to deny Aboriginal title to land and restricted First Nations to small reserves

THE INDIAN ACT 1876 Act gave legal power to government to control lives of First Nations communities defines “Status Indians” o wards of the state – treated as children in parental care o before 1951, not deemed as “people” under law and denied certain rights provided reserve land and specified who to live on reserves o exercised considerable control on those living on reserves o dictate when and where children attended school

discriminatory laws regarding alcohol use o crime to own or consume alcohol o crime to sell alcohol to Status Indians o only served to push use of alcohol underground dictated structure of local government o modeled after Euro-Cdn elected town council o govt formed by band council led by chief councilor o ignored traditional forms of governance originally 100 clauses – now close to 200 with amendments o some benefits to Aboriginal people, but outweighed by discrimination and oppression embedded in Act

INDIAN RESERVES not permitted to own land because wards of state o shocked because:  always had stewardship of land  had willingly shared land with newcomers some not understand until surveyors arrived reserves meant to be temporary o until assimilated into mainstream 1 st Indian Reserve Commissioner – G.M. Sproat o sympathized with First Nations 2 nd – Peter O’Reilly (Trutch’s brother-in-law) o immediately reduced size of reserves o met with resistance and call for treaties

EARLY RESISTANCE from beginning resisted alienation of land and protested loss of rights o mostly peaceful and non-violent o organized communities early protests followed pattern o communities meet and discuss action o strongest speakers to go to politicians and present case o reported back to communities o sometimes requested help from local missionaries  greater command of English language in spoken and written word

of earliest protests was Stolo people of the Fraser o 50 chiefs and hundreds of other First Nations presented petition to Indian Superintendent in New Westminster (loss of land/decrease of reserves) o made Ottawa realize treaties not signed in BC, but relationship with BC fragile, so ignored petition Nisga ’ a and Tsimshian earliest to take action against reserve surveyors and Indian Agents o fought for recognition of title o protests based on traditional ideas of ownership and land stewardship o support from colonizers o 1881 delegation to Victoria (Nisga ’ a) o 1885 delegation to Ottawa(Tsimshian) o 1886 joined forces to meet govts o Govt finally agreed to set up Royal Commission but ultimately did not settle land claims or title

POTLATCH BANNED ORIGINAL DOCUMENTS (99) Section 3, The Indian Act Every Indian or other person who engages in or assists in celebrating the Indian festival known as the “Potlatch” or in the Indian dance known as the “Tamanawas” is guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than six nor less than two months in any gaol or other place of confinement; and any Indian or other person who encourages, either directly or indirectly, an Indian or Indians to get up such a festival or dance, or to celebrate the same, or who shall assist in the celebration of same is guilty of a like offense, and shall be liable to the same punishment.

Indian Act not as successful as hoped in assimilating First Nations 1884 banned potlatch o amendment made to ban potlatch and other customs involving dance and singing o potlatch central to political, economic, social and spiritual life = banning parliament, libraries, banks and churches o many communities ignored law  some continued on other forms 1895 strengthened the law o illegal to wear ceremonial articles or dance in public

STATE AND CHURCH EDUCATION one of main tools of colonialism was education o values and language taught to youngest generation o more effective => take out of home environment and into foreign environment education system was partnership between Dept of Indian Affairs and Christian churches o most reserve communities aligned with major Christian denomination o some schools a distance away – residential

given little opportunity to learn beyond basics o class half day o applying skills – cleaning, laundry, maintaining institution and producing food enforced use of English o not allowed to use own language – often physically punished not all to residential schools – some community schools o not allowed to go to public schools until amendment in Indian Act 1951

residential schools not successful o didn ’ t assimilate First Nations people o some positive experiences  learned some job skills o created extraordinary social problems for several generations  lost language and normal childhood  loneliness, regimentation and institutionalization left terrible memories  some physical, mental, and sexual abuse As Long as the Rivers Flow A novel capturing a First Nations family’s last summer together before the children are taken away to residential school.

TREATY 8 govt BC argued any Aboriginal right extinguished with confederation, but agree to treaty in Peace River region 1899 fed govt negotiated treaties 1-7 in prairies Peace River occupied by Dunne-za, Sekani, Dene-thah, Chipewyan, and Cree o life altered by fur trade  fur-bearing animals depleted by 1880s  yearly income from previous treaties would prevent starvations

o 1897 Klondike gold rush brought in miners to area  some minors complete disregard for First Nations  affected trap-lines (destroyed them)  some First Nations retaliated  by 1898, obvious something needed to be done before more violence or “ Indian War ”  May 1898, 500 First Nations set up blockade, not to move until treaty signed o BC land was given to fed government as part of railway deal  original intention had been for treaty/reserve use  BC could maintain stance that Aboriginal title did not exist

1911 VICTORIA CONFERENCE one of 1 st attempts to unite First Nations was formation of Indian Tribes of the Province of BC 1909 also formed was Committee of Friends of Indians by ministers and other non- Aboriginal March 1911 conference in Victoria o discuss important issues and meet premier Richard McBride o Rev. Tate of CRI presented draft of petition o Haida representative Peter Kelly spoke for need to make own statements o met with McBride who would not consider Aboriginal title and told them to direct legitimate grievances to fed govt o at same time, BC govt was buying two pockets of reserve land – Nass Valley and Kitsilano