The Indian Act

1763

What is it?
The Royal Proclamation is a document declaring Britain's ownership of North America. The document recognizes and acknowledges the contributions made by the First Nations peoples during the Seven Years War with Britain and France. The Royal Proclamation, created by King George 111 says the following:

“And whereas it is just and reasonable, and essential to Our Interest, and the Security of Our Colonies, that the several Nations or Tribes of Indians, with whom We are connected, and who live under Our Protection, should not be molested or disturbed in the Possession of such Parts of
Our Dominions and Territories as, not having been ceded to, or purchased by Us, are reserved to them, or any of them, as their Hunting Grounds.”
-King George 111

Affects on Indigenous people?
The proclamation confirmed First Nation peoples ownership to land, hunting rights, and the original occupancy to the land.

1857

What is it?
The gradual Civilization Act encouraged assimilation through enfranchisement for Indigenous peoples to become "civilized". Examples of being "civilized" would include being debt free, living as a "white man" for over a year, speaking English or French, and even renouncing their ties to their Indigenous communities and cultures.

1876

What is it?
The Indian Act is a federal law created by the government of Canada that governs many aspects of the lives of Indigenous people such as their status/identity, reserves, education, cultural practices, etc. This act was originally created to eradicate the First Nations people's way of life and assimilate them into a more Eurocentric society.

“The great aim of our legislation has been to do away with the tribal system and assimilate the Indian people in all respects with the other inhabitants of the Dominion as speedily as they are fit to change.” – John A Macdonald, 1887

1869

What is it?
Before the arrival and colonialization of the Europeans, Indigenous women had played a significant role in their communities as most First Nations had a matriarchal system. Some examples of the roles can be passing down cultural traditions and languages, being caregivers, providing food, choosing a chief, etc. But with the Europeans enforcing their ideologies onto the First Nations people, Indigenous women's roles began to change and become undermined. Rules in the Indian Act were created that negatively impacted Indigenous women's rights and status compared to men, for example, Indigenous women marrying a non-Indigenous man would lose their status, but Indigenous men who married non-Indigenous women would not.

Amendments
Presently, there have been amendments made to abolish the sex-based discrimination the Indian Act such as Bill C-31 which allowed women and their children who had lost their status to apply and regain it, as well as removing the loss of status due to marriage.

1876

What is it?
Reserves are designated areas of land that are provided by the federal government under the Indian Act, to Indigenous people for their own use and benefit. When they were first created in 1876, it was to intentionally put Indigenous people in a space until they were more "civilized" to be let out with the rest of Canadian society, and to have Indigenous people out of the way for the Canadian government to expand and develop on their land.

Present day
Reserves are still being used today by First Nations people for residence, some used for hunting and other practices'. Although they are being used by First Nations peoples, reserves are not owned by them and is the property of the Canadian government or Band council.

1886

What is it?
Residential schools were a mandatory policy under the Indian Act that sent First Nations, Metis, and Inuit children from the ages 4-16 to religious boarding schools run by Catholic, Anglican, Presbyterian, etc. churches. The purpose of these schools were to assimilate Indigenous children with Canadian society, "To kill the Indian in the child". Ways of assimilation removing all cultural and traditional aspects of their life such as forbidding them to speak their language, cutting their hair, enforcing racist Christian/Catholic ideologies, not permitting them to leave and see their families, and much more.

"It is estimated 6000 of the 150,000 children who attended the schools between the 1870s and 1996 either died or disappeared." (Joseph, 2018)
“When the school is on the reserve the child lives with its parents, who are savages; he is surrounded by savages. Indian children should be withdrawn as much as possible from the parental influence.”
-John A Macdonald, 1883

Present day
Residential schools have since been stopped, with the last one that was closed in 1996. Most schools have been abandoned, but some have been turned into museums, centres, and parts of universities. Examples include the Shingwauk Indian Residential School, National Indigenous Residential School Museum of Canada, and the Woodland Cultural Centre. The impact that Residential Schools have left on First Nations, Metis, and Inuit people have been devastating to families as generations have passed down their trauma leading to bad coping mechanisms such as relying on alcohol and to help them cope. A formal apology was made by Prime Minister Steven Harper to Fisrt Nations, Inuit, and Metis people for the Residential Schools created. on June 11, 2008.

1885

What are they?
Created in 1885 under the Indian Act, cultural ceremonies such as Powwows, Potlatches, the Sun Dance, and other forms were illegal for Indigenous people to perform and participate in. The ban of these ceremonies resulted in many generations deprived of their culture, with no traditions to pass down onto their families, their customs slowly died out.
"The third clause provides that celebrating the “Potlatch” is a misdemeanour. This Indian festival is debauchery of the worst kind, and the departmental officers and all clergymen unite in affirming that it is absolutely necessary to put this practice down."
-John A Macdonald, 1984

Present day
The Indian Act was amended again in 1951, lifting the ban from cultural ceremonies. With the many years the banning was upheld, the Indigenous community had lost their connection over time with their culture as generations continued to move forward without them.

1927

What is it?
In 1927 as part of the Indian Act, Indigenous people were not allowed to seek and receive the help of legal representation such such as hiring or people raising money to do so, Indigenous or not, of which the consequence of which resulted in jail sentences. This significantly impacted Indigenous people's human rights as they could not fight for their own justice in their oppressors own system. This section of the Indian Act was amended in 1951.

"Indian nations were therefore denied those fundamental rights that are taken for granted in any democratic system. They were, as a matter of colonial and provincial policy, denied rights to lands they had occupied for centuries... And they were prohibited by federal law [from] seeking a legal remedy for this injustice."
-Conspiracy of legislation: The Suppression of Indian Rights in Canada, 1991

1969

What is it?
The White Paper was created by Prime Minister Pierre Trudeau and Jean Chrétien which proposed the complete extermination of the Indian Act. This proposition was another attempt at continuing the assimilation of Indigenous people by terminating status cards, treaties, and the Department of Indian Affairs, and allowing them to sell land by deeming it private property. By getting rid of the Indian Act, Indigenous people would receive the same treatment as regular Canadian citizens and getting rid of Indigenous rights, which is the government basically removing the terrible deeds committed to Indigenous people in the past. The White Paper had been withdrawn after the response of Indigenous people with the Red Paper, aka Citizens Plus. Things such as keeping Indian status, amending the Indian act only with the consent of Indians, and not transferring the constitutional responsibility towards Indians from federal to the provincial government.

By: Azita. F

References

Conclusion

In conclusion, the Indian Act has left a troubling legacy marked by systemic discrimination and cultural suppression. The act enforced residential schools, restricted Indigenous governance and limited land rights which continued on legacies of generational trauma.