INDIAN ACT Mi’kmaq Studies 10

Indian Act Passed in1876 Written 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

Objectives Federal 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

Indian Agents Enforced on reserves Powerful = distribution of federal funds Concerns directed to Agent Outcome always according to the Agent’s interpretation of the Indian Act

Duncan 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

What did the Indian Act 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

Status A 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.

Status All status Indians are registered with the federal government Status Indians are governed by the Indian Act Federal government expected Aboriginal people to eventually give up their Indian status and become full citizens.

Enfranchisement The giving up of Indian status to become “ordinary” citizens - gain the right to vote Seen as an honour by the Canadian government Seen 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

Enfranchisement cont… Early Indian Act Women 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)

Reserve Land In Nova Scotia, band members do not own their own land Bands cannot sell or lease land Land cannot be taxed, mortgaged or seized for debt Therefore land cannot be used to secure loans

White Paper on Indian 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

Red Paper Response (1970) In response to White Paper Harold Cardinal and the Indian Chiefs of Alberta Wanted total rejection of the White Paper Supported by all provincial and territorial governments Aimed to make revisions to Act, not do away with it

Amendments to the Indian Act There are many amendments to the Act since it was enacted in1867 In 1951, the Act was changed so many of the oppressive laws were no longer in effect Ban on traditional ceremonies was dropped Ban on raising money for political purposes is dropped Ban entering public bars dropped Indian women now allowed to vote in council elections Objective of assimilating natives is still in place

Bill C-31 In 1985, Bill C-31is passed to allow over 100 000 Aboriginal people to regain their Indian status Gave more rights to native women removal of discrimination restoring status and membership rights increasing control of Indian bands over their own affairs