The Indian Act, 1876

The Indian Act, 1876

• Prior to Confederation, Aboriginal groups maintained control over their land, financial arrangements, membership, business dealings with outsiders, and internal government.
• Confederation transferred the control of Indian affairs to the government of Canada.
• The Indian act removed Aboriginal control over their own groups and gave exclusive control to the federal government over Indian national leadership, land, membership, and money.

• The Indian Act was created as a means of amending and consolidating previous laws concerning Aboriginals in Canada
• It Defined the terms, rights and conditions for being an Indian under the eyes of the law.
• It legislated colonization and defined enfranchisement process.
• Its underlying theme or purpose was to separate Aboriginal people from mainstream Canadian society in order to assimilate, civilize, and protect Aboriginal people until they adopted European ideals and lifestyles. Indian status was seen as a temporary/ transitional state.
• It was essentially a powerful tool of assimilation which allowed the government vast controll over every aspect of Aboriginal peoples lives.
• It made “status Indians” into legal wards of the state and gave the government enormous power over the lives of first nations people.

• Aboriginal people were viewed as unable to govern themselves and therefore allowed virtually no self governing powers.
• Created to solve the “Indian Problem”. It Promoted assimilation into Non-Aboriginal society by the extermination of Aboriginal culture.
• Viewed it as a means to protect Aboriginal people until they were deemed fit to enter into a European way of life and become enfranchised (relinquish their Indian status)
• Gave government authority to manage every aspect of Aboriginal peoples lives. Such as the supervision and management of band affairs, lands, trust funds, and even banning traditions such as sun dances and potlachs.
• Determined entitlement as to who could reside in Indian reserve communities and defined who qualified for treaty provisions. Determined who was and who was not Indian.
• Enfranchisement was seen as a tool to speed up the assimilation into mainstream Canadian society.

• Enfranchisement divided families and communities as many had their status involuntarily taken from them; over time fewer people would qualify tor status.
• Seen as a way to strip away their traditions and control their lives and land.
• Means of suppressing their rights by making it illegal to appeal or protest against these rules.
• Limited the movement and mobility of Aboriginal people
• They were denied many basic Canadian civil and personal rights and were made wards of the state. They were not allowed the same rights and political privileges.
• Indian act Defied previous treaties. The government took illegal control over Aboriginal’s affairs.
• The Opressive policies it contained made them subject to the oftem arbitrary decisions of the superintendant generl. This allowed for widespread corruption in the provision of goods and services to bands.

• The denial of rights and controll over their own destinies created much tension between the government of Canada and Aboriginal peoples.
• Aboriginal peoples did not just accept these changes but due to rules enforced in this act they were unable to rebel against it because of sanctions against Aboriginal meetings and organizing made it a criminal offence to do so.
• The Indian Act contributed to the alienation and dissasociation between Aboriginal peoples and mainstream Canadian society.

• Today there is much argument over the place of the Indian Act. Although many would like to see it abolished, it sets out many of the federal government's legal responsibilities and commitments to Aboriginal peoples.
• It has been amended several times and has seen the removal of some of the most offensive statements.

• The Indian Act was discriminatory and offensive from start to finish and it is a blemish in the history of Canada.
• It generates much debate, anger and sorrow
• Refers to anyone of mixed blood as half-breed and denies them status. It excludes any Métis or mixed blood person from having any Aboriginal rights.
• It made people of Aboriginal ancestry either minorities or “white men”; there was no in between.
• Discriminated against Aboriginal women by denying status to Aboriginal women who married non-aboriginal men. When at the same time, Aboriginal men kept their status when they married non-aboriginal women.
• It defined “person” as any individual other than Indian.
• Allowed for Arbitrary judgement in the definition of who was Indian.
• It contained Legal sanctions against the practice of Indigenous religion and spirituality.

• Paternalism outlined in the act is an underlying factor in the dependency, culture loss, and sorrow experienced by many Aboriginal people today.
• Aboriginal communities have been formed and destroyed by the imposition of this act.
• Contributed largely to the dissasociation of Aboriginal peoples from the national and political system.

• Today the power and authority of the Indian Act is steadily being eroded.
• Most people would like to see it gone, but only after an appropriate Aboriginal controlled system is put in place.
• It will likely take generations before a satisfactory solution is brought about to replace this act due to the controversy that surrounds it.

• "Battles That Changed History; Little Bighorn 1876." Graphic Firing Table. Web. 26 Oct. 2011. <http://firedirectioncenter.blogspot.com/2011/06/battles-that-changed-history-little.html>.
• "Canada in the Making - Aboriginals: Treaties & Relations." Front | Canadiana. Web. 26 Oct. 2011. <http://www.canadiana.org/citm/themes/aboriginals/aboriginals8_e.html>.
• The Canadian Encyclopedia. Web. 26 Oct. 2011. <http://www.thecanadianencyclopedia.com/index.cfm?PgNm=TCE>.
• "Continuing Negotiations: First Nations and the State - YouTube." YouTube - Broadcast Yourself. Web. 26 Oct. 2011. <http://www.youtube.com/watch?v=OXarTLbAIgQ>.
• Dickason, Olive Patricia. Canada's First Nations: a History of Founding Peoples from Earliest times. Third ed. Don Mills, Ont.: Oxford UP, 2002. Print.
• Front | Canadiana. Web. 26 Oct. 2011. <http://www.canadiana.org/view/9_02041/0056>.
• Morrison, R. Bruce., and C. Roderick. Wilson. Native Peoples: the Canadian Experience. Third ed. Toronto: Oxford UP, 2004. Print.

History

Purpose of the Indian Act

Government Perspective

Aboriginal Perspective

Change

depicts the corruption exhibited by

many superintendant-generals made

possible by the Indian Act

Relationship between Canadian Government and Aboriginal Peoples

Effects

Where does The Indian Act fit into

the current state of Aboriginal

relations with the government?

Discrimination

Works Cited