The Indian Act1876

Indian Act – 1876

The Indian Act was legislation which allowed for the administration of almost every aspect of First Nations people.

Throughout its history, the Indian Act had three main principles:

1. To civilize the Indian2. To manage Indian people and their lands

3. To define who was an Indian.

The Indian Act

The British North America Act Section 91 (24) “Indians and lands reserved for Indians” Act was passed in 1876 to give the Government

of Canada jurisdiction over First Nation people and their lands?

The Indian Act

• It was made by Parliament and not by Indian people.

• Because Parliament is supreme in Canada, it can therefore change the Act without consultation with Indians.

• The Act is basically not the source of substantive or basic Indian rights; it merely tells how to administrate.

• There have been various other Federal Acts dealing with Indians since the early 1800's.

• All these Acts down to the present one have been consistent in their goals of assimilation, integration and eventual abolition of reserves and of special rights for Indians."

The Indian Act

Why was the Indian Act passed?

The government wanted to “civilize” and assimilate the “Indian” into Canadian society. The Act imposed several restrictions on First Nations peoples in order to meet these goals.

“Our object 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” – Duncan Campbell Scott, Superintendent General of Indian Affairs, 1920

The Indian Act

"Instead of implementing the treaties and offering much needed protection to Indian rights the Indian Act subjugated to colonial rule the very people whose rights it was supposed to protect". 

- Harold Cardinal

The Indian Act

What was the purpose of the Gradual Civilization Act of 1857 and the Enfranchisement Act of 1869?

The Gradual Civilization Act assumed that if First Nations peoples owned individual property, they would become industrious and self-reliant.

The Indian Act

The Enfranchisement Act increased the degree of government control of on-reserve systems. There was to be very little meaningful First Nation participation in their own government.

The Indian Act

First Nations peoples did not respond to enfranchisement so it became compulsory to certain people:In 1880, an amendment to the Indian Act provided for automatic enfranchisement (loss of status) of any Indian who earned a university degree or any Indian women who married a non-Indian or an unregistered Indian. Enfranchisement was not officially repealed until 1985.

The Indian Act

• First Nation women marrying non-First Nation men

• Children of First Nation women and non-First Nation men

• People who lived off the reserve for more than five years

• People who had obtained higher education

The Indian Act What type of administrative control did the Indian

agents have?

By 1880 the Department of Indian affairs was created to administer the Canadian Government's responsibilities under the Indian Act.

They controlled every aspect of First Nations peoples lives.

The were given judicial powers as justices of the peace.

The Indian Act

In 1880, an amendment to the Indian Act provided for automatic enfranchisement (loss of status) of any Indian who earned a university degree or any Indian women who married a non-Indian or an unregistered Indian.

In 1884, an amendment to the Indian Act, instituted prison sentences for anyone participating in Pipe Ceermonies, Sweats, potlatch, ceremonial dance and other rituals (traditional Aboriginal ceremonies). 

The Indian ActWhat statement did Duncan Campbell Scott, Superintendent General of Indian Affairs make to parliament in 1920 to expose the intent of the Canadian policy to assimilate First Nation people into Canadian society?

“Our object 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”

The Indian ActWhat was the intention of “residential schools” and how was the policy enforced?

1894 – compulsory for First Nation children to go to residential schools- The goals were to ‘Christianize’ and ‘civilize’ these children. The churches ran the schools. Parents were faced with fines or jail sentences if they tried to prevent their children from being removed from their homes.

The Indian Act

What prohibitions were introduced to control First Nations after the Riel Resistance in 1885?

Pass System,

• Instituted during the Northwest Resistance• First Nations people restricted to the

Reserves• Indian Agent issued a Pass to leave reserve• An Indian leaving Reserve without a Pass was

deemed a criminal and was imprisoned

The Indian Act

The Indian Act

Permit System,• Indian Affairs had control over financial

matter of all Indian people• An Indian required a Permit, issued by the

Indian Agent to:

1) Sell cattle and grain2) Sell a load of firewood or cordwood3) Sell any produce grown on reserve4) Buy groceries or clothes

The Indian Act

The Pass was removed from the Indian Act in 1951

The Permit System gradually disappeared, however it remained in the Indian Act until 1995

The Indian Act

What system was introduced in 1869 to replace First Nations’ traditional forms of government?

The system of Chief and Council replaced traditional forms of government. Added to the Indian Act - Sections 61-63. These new band governments were made to enforce the rules and regulations created under the Indian Act.

The Indian ActWho is eligible for registration as a Status Indian

under the Indian Act?

The Indian Register is the official record identifying all Status Indians in Canada. The eligibility rules have changed many times since the mid-1800’s, when the first list of registered Indians were drawn up.

Bill C-31, passed by Parliament in 1985, amended the Indian Act, ending various forms of discrimination that had caused many people to lose their status

Indian Affairs website

Who are Non-Status Indians?

A Non-Status Indian is an Indian person who is not registered as an Indian under the Indian Act. This may be because his or her ancestors were never registered, or because he or she lost Indian status under former provisions of the Indian Act.

Who are Treaty Indians?

Treaty Indians are descendants of Indians who signed treaties with the Crown and who have a contemporary connection with a treaty band.

The Indian Act

1951 – Amendments to the Indian Act – removed some restrictions

1985 - Bill C31 – First Nation women were allowed to apply to regain their status as Indians

Band membership issues

Myths & Misconceptions

Myth: All Aboriginal peoples are the same.  Fact: The aboriginal population is very diverse: The

Aboriginal population is composed of First Nations, Inuit and Métis peoples – each with a different history, culture and society. Over 50 Aboriginal languages are spoken in Canada today. Aboriginal peoples live in many different parts of Canada geographically diverse locations such as urban centres, rural communities and remote locations.

Myth: Aboriginal peoples have always had the same rights as others in Canada. 

Fact: Only recently have Aboriginal peoples begun to obtain the same rights as other people in Canada: - Registered First Nations peoples obtained the right to vote in 1960.

- Enfranchisement officially repealed in June 1985.

Myth: Aboriginal Peoples are responsible for their current situation. 

Fact: Prior to European contact, Aboriginal societies were strong and self-sufficient.

Aboriginal peoples were never conquered, the process of colonization resulted in loss of control. Policies of displacement and assimilation (e.g., residential schools and banning of Ceremonies) deprived Aboriginal peoples of their traditional, social, economic and political powers. 

Myth: Aboriginal peoples do not pay taxes.

Fact: Aboriginal people are not tax exempt. Aboriginal peoples pay significant amounts of tax every year.

Inuit and Métis people always pay taxes First Nations peoples without status, and

registered First Nations people living off-reserve, pay taxes like the rest of the country.

Registered First Nations peoples working off-reserve pay income tax, regardless of where they reside.

Myth: First Nations people get free education

Fact: Education was a promise made in the Treaties. However, due to funding limitations, this promise has not been fully honoured. First Nations people wanting to attend post-secondary institutions must apply for funding to their First Nation.

The Federal Government does not adequately fund First Nations for all applicants to post-secondary institutions

WE ARE ALL TREATY PEOPLE