21 Things You May Not Know About the Indian Act

1. The Indian Act: A Tool of Assimilation and Control

"The ultimate purpose of enfranchisement (loss of status rights) was to encourage assimilation and to reduce the number of Indians the federal government was financially responsible for—to get 'rid of the Indian problem.'"

Origins and purpose. The Indian Act, introduced in 1876, was designed to assimilate Indigenous Peoples into Euro-Canadian society and control every aspect of their lives. It consolidated previous colonial legislation and gave the federal government sweeping powers over "Indians and lands reserved for Indians."

Key features:

• Defined who was an "Indian" under the law
• Imposed the elected chief and band council system
• Regulated status, band membership, and reserves
• Controlled education, cultural practices, and economic activities

The Act's paternalistic approach treated Indigenous Peoples as wards of the state, incapable of managing their own affairs. This legislation has undergone numerous amendments but remains in effect today, continuing to shape the relationship between Indigenous Peoples and the Canadian government.

2. Denial of Rights and Cultural Suppression

"The children 'catch the disease... in a building... burdened with Tuberculosis Bacilli'" (Duck Lake Indian Agent MacArthur).

Cultural practices banned. The Indian Act prohibited important cultural ceremonies and practices, aiming to eradicate Indigenous cultures and traditions.

Prohibited activities included:

• Potlatch ceremonies (1884-1951)
• Sun Dance and other spiritual practices
• Speaking Indigenous languages in residential schools
• Wearing traditional regalia in public events (1906-1951)

Restricted movement. Indigenous Peoples were confined to reserves and required passes to leave, limiting their freedom of movement and ability to practice traditional ways of life.

These restrictions severely impacted the transmission of cultural knowledge, languages, and spiritual practices from one generation to the next, contributing to the erosion of Indigenous identities and communities.

3. Residential Schools: A Legacy of Trauma

"It is readily acknowledged that Indian children lose their natural resistance to illness by habituating so closely in the residential schools, and that they die at a much higher rate than in their villages. But this alone does not justify a change in the policy of this Department, which is geared towards a final solution of our Indian Problem." (Duncan Campbell Scott, 1910)

Forced assimilation. Residential schools were a cornerstone of the government's assimilation policy, forcibly removing Indigenous children from their families and communities.

Key aspects of the residential school system:

• Operated from 1880s to 1996
• Over 150,000 children attended
• High mortality rates due to disease, neglect, and abuse
• Prohibited use of Indigenous languages and cultural practices
• Aimed to "kill the Indian in the child"

The intergenerational trauma caused by residential schools continues to impact Indigenous communities today, contributing to social issues such as substance abuse, family violence, and loss of cultural identity.

4. Land Dispossession and Economic Restrictions

"We got absolutely the short end of the stick. And to quote what was said, what was said of us, we, as Nuu-chah-nulth people, 'These people, they don't need the land. They make their livelihood from the sea.'... So, here we have just mere little rock piles on the west coast of Vancouver Island, the territory of the Nuu-chah-nulth Nation. Rock piles! Rock piles!" (Moses Smith, Nuu-chah-nulth Nation)

Land alienation. The Indian Act facilitated the dispossession of Indigenous lands through various means:

• Creation of small reserves
• Forced relocations
• Expropriation of land for public works
• Leasing of "unused" reserve lands to non-Indigenous settlers

Economic constraints. The Act also imposed severe economic restrictions on Indigenous Peoples:

• Permit system to control the sale of agricultural products (1881-2014)
• Prohibition on obtaining credit or mortgages on reserve lands
• Restrictions on engaging in business activities off-reserve

These policies severely limited Indigenous Peoples' ability to participate in the broader economy and maintain their traditional livelihoods, contributing to widespread poverty and dependence on government assistance.

5. Women's Rights and Status Under the Indian Act

"Between 1958 and 1968 alone, more than 100,000 women and children lost their Indian status as a result of these provisions."

Gender discrimination. The Indian Act imposed patriarchal values and discriminated against Indigenous women, particularly through marriage provisions:

• Women lost their status if they married non-status men
• Women were excluded from band governance until 1951
• Children's status was determined through paternal lineage

Ongoing impacts. Despite amendments in 1985 (Bill C-31) and subsequent legal challenges, gender discrimination persists in the Indian Act:

• "Second-generation cut-off" continues to affect some women's descendants
• Reinstatement process can be complex and costly

This systemic discrimination has contributed to the vulnerability of Indigenous women and girls, leading to higher rates of poverty, homelessness, and violence.

6. Political and Legal Constraints on Indigenous Peoples

"Every person who, without the consent of the Superintendent General expressed in writing, receives, obtains, solicits or requests from any Indian any payment or contribution or promise of any payment or contribution for the purpose of raising a fund or providing money for the prosecution of any claim which the tribe or band of Indians to which such Indian belongs, or of which he is a member, has or is represented to have for the recovery of any claim or money for the benefit of the said tribe or band, shall be guilty of an offence and liable upon summary conviction for each such offence to a penalty not exceeding two hundred dollars and not less than fifty dollars or to imprisonment for any term not exceeding two months." (Indian Act, 1927)

Political suppression. The Indian Act severely restricted Indigenous Peoples' ability to organize politically and pursue their rights:

• Banned formation of political organizations (1927-1951)
• Prohibited fundraising for legal claims (1927-1951)
• Denied voting rights until 1960

Legal barriers. The Act also created significant legal obstacles:

• Limited access to the Canadian legal system
• Restricted ability to challenge government decisions
• Imposed the Indian Agent system, giving agents broad powers over Indigenous communities

These constraints effectively silenced Indigenous voices and limited their ability to advocate for their rights and interests for decades.

7. The Path to Reconciliation and Self-Government

"Canada is changing, and I foresee a future in which the Indian Act will be a chapter in Canada's history. To put it simply, the Indian Act was designed for a specific purpose that no longer exists in a country committed to reconciliation."

Calls for change. There is growing recognition that the Indian Act is incompatible with reconciliation and Indigenous rights:

• Truth and Reconciliation Commission's 94 Calls to Action
• United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP)
• Increasing support for Indigenous self-government

Steps forward:

• Dismantling the Indian Act
• Supporting Indigenous self-determination and self-government
• Addressing historical injustices and intergenerational trauma
• Promoting cultural revitalization and language preservation
• Implementing nation-to-nation relationships based on respect and partnership

The path to reconciliation requires ongoing commitment from all Canadians to address the legacy of the Indian Act and support Indigenous Peoples in reclaiming their rights, cultures, and identities.

Last updated: August 14, 2024