IINDIAN
ACT - 1876
No doubt the
most racist document ever produced by a western democracy.
NOTE: On this page when referring to anything
regarding
Government legislation
and laws - the word "Indian" is used.
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"It is the only legislation in the world designed for a particular race of people. 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. Indian peoples' weapons against revision without their input is through provincial and national Indian organizations. The Act is basically not the source of substantive or basic Indian rights; it merely tells how to administrate. The Act has, however, been used through the courts, to erode substantive Indian rights. The Act does, however, have certain provisions which preserve Indian rights. 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."
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EVOLUTION
OF THE INDIAN ACT
(including some major amendments)
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1850 An Act for the Better Protection of the Lands and Property of Indians in Lower Canada. By this is established a commissioner to hold the Indians lands in trust for Indian people but with full power to do what he wishes with that property. (Introduction of the Indian Agent) An Act where the Better Protection of Indians in Upper Canada imposition, the property occupied or enjoyed by them from trespass and injury. By this no one can deal with Indian lands unless the Crown approves. The Act also gives exemption to Indians from taxation, judgment and seizure as well as preventing the sale of liquor to Indians. At this point in time the Government's main concern is to protect the Indians and their lands from abuse only until such time as they became "civilized or assimilated"
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1858 The Civilization of Indian Tribes Act expressly makes assimilation of Native people its goal. It is declared that Indians who are "sufficiently advanced education wise or capable of managing their own affairs" will be enfranchised. The Management of Indian Lands and Property Act declares the Commissioner of Crown Lands to be the Chief Superintendent of Indian Affairs. He has the power to dispose of lands reserved for the Indians which they have released or surrendered.
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CONSTITUTION ACT 1867
Assigned
to Parliament legislative jurisdiction over "Indians and Lands reserved
for the Indians"; 2 separate powers cover status and civil rights on the
one hand and Indian lands on the other.
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1868 The first federal act was passed in 1868 drawing heavily on earlier legislation. Department of the Secretary of State Act appoints the Secretary of State to be the Superintendent General of Indian Affair, who has the power to control and manage the lands and property of Natives in Canada. Note: the modern Indian Act can be traced to the Department of Secretary of State Act and an Act for the Gradual Enfranchisement of Indians and the Better Management of Indian Affairs. The latter statute introduces the concept of local government to the reserves.
Subsequent legislation promoted assimilation into
non-Native society: Native status was seen as a transitional
state, protecting Natives until they became settled on the land and
acquired European habits of agriculture. |
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ENFRANCHISEMENT 1869 Enfranchisement was the most common of the legal processes by which native peoples lost their Native status under the Indian Act. The term was used both for those who gave up their status by choice, and for the much larger number of native women who lost status automatically upon marriage to non-native men. Only the men were entitled to take with them a share of band reserve lands and funds, but both groups lost their treaty and statutory rights as Native peoples, and their right to live in the reserve community. The right to vote, often confused with "enfranchisement" was only one of the supposed advantages of loss of status before Native people acquired the federal vote in 1960. From its first enactment in 1857 up to at least the 1960s, voluntary enfranchisement was the cornerstone of Canadian Indian policy. Enfranchising, a person was supposed to be consenting with the negative goal of abandoning Native identity and communal society (with its artificial legal disabilities) in order to merge with the "free," individualistic and non-Native majority.
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INDIAN ACT 1876
"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 if was supposed to protect". (Harold Cardinal) Canada’s Indian Act is enacted which attempts to consolidate many Indian laws and makes Indians wards of the government. They are placed in a different legal category from all other Canadians; Act gives individual Natives the right to seek Canadian citizenship by renouncing their rights and privileges. In other words, assimilation into mainstream Canadian society and the loss of culture and all rights associated with a culture are the main themes. The Act governs all aspects of Native life including the denial of the right to vote in an election.
ENFRANCHISED In 1920, the Enfranchisement Amendment to the Indian Act was added in which individuals (usually men) or entire bands by a simple majority vote could surrender their status as Indians in return for the federal vote and becoming Canadian citizens. If a man 'voluntarily' gave up his status, his wife and children were also automatically dis-enfranchised. Note: This was often done in the form of "good ole boy coersion'. The Indian Agent would come calling on the family bringing liquor. He'd sit with his "Indian Friend", get him drunk, and have him sign on the dotted line. The family was kicked off the reserve within days. Women who married non-Native men Men who married non-Native women could keep their status, and their white wives, in turn were automatically granted Indian Status. |
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1982 - CONSTITUTION ACT The new Constitution Act is affirmed and re-patriated from Britain. It includes The Charter of Rights and Freedoms. Section 35 of the Constitution Act states: "The existing aboriginal and treaty rights of Aboriginal peoples of Canada are hereby recognized and affirmed." Section 37, states that federal and provincial members should meet within one year to directly address issues affecting Native people. Section 25 of the Charter of Rights and Freedoms ensures that ‘existing’ Aboriginal rights are not adversely affected by the Charter of Rights and Freedoms particularly those recognized by the Royal Proclamation. |
POWER OF THE INDIAN AGENTS
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This is by no means a complete list of the powers held by the Indian Agents. They had extraordinary administrative and discretionary powers to enforce the Indian Act and control every aspect of Indian life. |
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Often used the distribution of rations as a weapon to impose federal authority on the Native population. Facing hunger and destitution, Natives were forced to bow to the control of the central government. Full Justice of the Peace powers: Arresting Officer; Prosecutor and Judge. (Democracy at work!) Powers to determine who qualified as a Status Indian. They did the original count that was so inaccurate and unfair that it continues to reverberate to this day. Enforcing the "blood quantum" - to qualify as an Indian, a person born after 1868 had to have at least one quarter Indian blood for status recognition. Responsible for the enforced signing of land treaties and other agreements. Native Wills were held by State; upon the death of an Indian, Indian Agents dispersed property and valuables (often into their own pockets!) Powers to determine who could live on reserve and then enforced the moving of Indians to reserve lands. Made the decisions on best uses of reserve lands. Powers to decide what territory would be reserve lands (how much acreage, where). Banned Liquor (yet allowed drinking when it suited his purpose). Powers to enforce the stripping of even the most basic rights for Native women. If they left reserve they could not return. Forced Native children into Residential Schools and turned a blind eye to the decades of atrocities meted out on them. Children were often kidnapped while their parents were away and imprisoned in these schools. It is estimated that over 150,000 children were forced into residential schools with an approximate 40% fatality rate. No one knows where the bones of these lost children are buried. Responsible for appropriating Native lands when required. For example, without consultation a vast tract of Kahnawake (Mohawk) land was appropriated for the construction of the St. Lawrence Seaway (1954) Two power dams opposite the Akwesasne Reserve (Haudenosaunee) are also built and in a few years the land and water are polluted. Animals and people sicken and die. Deposed Traditional Chiefs and replaced them with duly elected 'puppet' chiefs. The Elections which were usually rigged in favour of government interests accomplished two things: (a) It imposed the British Parliamentary system on Native governments, and (b) effectively undermined the considerable influence traditional chiefs had with their people Interesting Historical Notes: 1. The Indian Act formed much of the basis for the introduction of oppressive apartheid policies against Black people in South Africa which lasted for decades. 2. In 1969, all Indian Agents were withdrawn from reserves across Canada ending the government's overt paternalistic presence on First Nations lands.
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MAJOR
AMENDMENTS
TO THE INDIAN ACT![]()
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Over the years there have been many amendments to the Indian Act, most of which were enacted to further oppress Indian people and remove basic rights accorded every other Canadian. |
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1884 - Ceremonies Banned Outlawed the Thirst Dance (Sun Dance); Potlatch (Chinook trading language, meaning ‘to give’) in British Columbia. Potlatch is the equivalent of title deeds and acts of succession. "Just as the eldest child of a reigning monarch cannot succeed to the British throne without sanction of the law, neither could the succession of a chief be recognized [without proper ceremony]." (Tom Molloy, The World Is Our Witness, pg. 25).
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1887 - Indian Agent Determine Who Is An Indian
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1888 - Half-Breeds "No half-breed in Manitoba who has shared in the distribution of half-breed lands shall be accounted an Indian; and no half-breed head of a family, except the widow of an Indian or a half-breed who has already been admitted into a treaty, shall, unless under very special circumstances, which shall be determined by the Superintendent General or his agent, be accounted an Indian or entitled to be admitted into any Indian treaty; and any half-breed who has been admitted into a treaty shall, on obtaining the consent in writing of the Indian Commissioner or in his absence the Assistant Indian Commissioner, be allowed to withdraw therefore on signifying in writing his desire so to do....signification in writing shall be signed by him in the presence of two witnesses, who shall certify the same on oath before some person authorized by law to administer the same; and such withdrawal shall include the minor unmarried children of such half-breed."
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1895 - Reserves Belong to the Crown "No reserve or portion of a reserve shall be sold alienated or leased until the same has been released or surrendered to the Crown for the purposes of the Act; provided that the Superintendent-General may lease, for the benefit of any Indian, upon his application for that purpose, the land to which he is entitled without the same being released or surrendered." (Translation: Without ownership of land, Indigenous peoples are not able (to this day) to develop reserve lands because they have been unable to, for example, obtain bank loans as they have no collateral. As a result below-poverty standards of living are on-going today.)
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1910 - No Tresspassing "If the possession of any lands reserved or claimed to be reserved for the Indians withheld, or if any such lands are adversely occupied or claimed by any person, or if any trespass is committee thereon, the possession may be recovered, in an action at the suit of His Majesty on behalf of the Indians, or of the declaration, relief, or damage claimed."
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1911
Allowed portions of reserves to be expropriated by municipalities for roads, railways or other public purposes without Native consultation.
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1920
Gave Native Men the right to
vote, and become Canadian citizens, among other things if they give up their Indian status.
"On the report of the Superintendent General that any Indian, male or female, over the age of twenty-one years is fit for enfranchisement, the Governor in Council may by order direct that such Indians shall be and become enfranchised at the expiration of two years from the date of such order or earlier if requested by such Indian, and from the date of such enfranchisement the provisions of the Indian Act and of any other Act or law making any distinction between the legal rights, privileges, disabilities and liabilities of Indians and those of His Majesty's other subjects, shall cease to apply to such Indian or to his or her minor unmarried children, or, in the case of a married male Indian, to the wife of such Indian, and every such Indian and child and wife shall thereafter have, possess and enjoy all the legal powers, rights and privileges of His Majesty's other subjects, and shall no longer be deemed to be Indians within the meaning of any laws relating to Indians." This amendment was in force between 1920-1922 and 1933-1951. It was very unpopular and a complete failure as a result.
Education
Beware
Women!
NOTE: The true meaning of these amendments were quite simply, "Get the Women, Get the Children, Reduce the Bloodline." Many Native men were deliberately plied with alcohol by unscrupulous Indian Agents who sat with them in "good ole boy comradeship" until they signed on the dotted line. |
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1924
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1927
"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."
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1924
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1951 -
MAJOR AMENDMENT
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1960
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1985 It repealed the enfranchisement provisions and changes the registration system so that entitlement was no longer based on sexually discriminatory rules. Among other things, Bill C-51, treats men and women equally; treats children equally whether born in or out of wedlock and whether they are natural or adopted; prevents anyone from gaining or losing status through marriage. In other words, Native women who have married non-Native men now have the right to retain their Native status, and to pass their status on to their children. This also gives them the right to return to their reserves. Many meet with opposition from reserve band councils. |
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WHEN IS A CHIEF ELECTED OR WHEN IS A CHIEF TRADITIONAL, THAT IS THE QUESTION Recently, Thunderbird received an email from a retired tribal chief expressing his concerns about his recent tenure. He felt as an elected chief he felt he was simply administering the poverty of his people. He wondered what the differences were between elected and traditional chiefs. Thunderbird unearthed an article she'd written some time ago on the subject and personalized it for him. She chooses not to use his name. Dear Ex-Chief, What happened, in my view, is that the central government singled out our people, took away our land and property rights, and handed the power to the Minister of Indian and Northern Affairs and other such government officials (i.e., Indian Agents) who were chosen over time to repress our freedoms. Basically our people were, in the beginning, under foreign rule and therefore we were forced to cede to the new policies and political structures; in so doing we lost our collective identity. This is why achieving any form of self-government is so difficult, the demands and prejudices of the central government overrides any vestige of cultural identity and authenticity that we may have left. Prior to the turn of the century when the band council system replaced it, our time-honoured system of consensual decision-making marked the tribes for thousands of years. It was a slow, respectful, time-honored way of doing things. The Traditional Chief had no more power than any other tribal member, he may have been distinguished a bit by the passion of his oratory or by being a great warrior and setting good examples. Nonetheless, he or she was at the mercy of group decision-making. She or she had only one voice to offer opinions, but it was not a voice that overrode anyone else. You see, back in the day we were governed by the power of the Talking Stick and the Five Native Ethics. One of those was the ethic of non-interference. In order words, if you and I were sitting in a circle together, I would not impose my opinions or will on you, I would simply speak from my own truth as would you. No anger, no threats, no bad language, no behind the scenes subterfuge, no glad handing. The conversation would respectfully go around and around the circle until a group agreement had been formed. The Traditional Chief, in others words was not permitted to wield any form of power without at the very least being governed by a council of elders. For example neither the Cherokee or the Haudenausaune were permitted to go to war without the consent of a council of women. The traditional chief was then charged with the responsibility of speaking on behalf of the collective will of the elders who were speaking on behalf of the people and ensuring the decisions were acted upon. It was democracy in its highest and purest form. The introduction of white, racist colonialism and assimilation policies changed all that. Over time, however, our elected Chiefs have gained considerable power within Native communities. If an elected Chief is walking the walk and talking the talk in a good way, The People have nothing to worry about, if he or she is not then the problems are immediate. Non-Indigenous elections in my view are a very successful divide and conquer technique designed to keep us apart and at war with one another. It is simply an arm of the government that breeds jealousy, nepotism, greed, corruption, among other things. On top of this are a number of corrupt, misguided and racist government officials overseeing it all. It is, to say the least, an untenable situation. I am not surprised that your tenure as Chief was a somewhat unhappy one. You sound like an honorable man and I am sure you are very disappointed not to have been able to move your people forward in a good way. Please keep in mind that none of it was your fault. You were hamstrung to the point of probably not being able to act at all in some situations because your hands were effectively tied by the Indian Act and the Department of Indian and Northern Affairs and those with their own political agendas. Good on you, my friend, for wanting to be Chief in the first place and try to make a difference for your people. May Your Spirit be Strong, All My Relations Shannon Thunderbird, M.A.
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For more Information
about Canada's Constitution,
its history and timeline -

OTHER
INFORMATION
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1969 WHITE PAPER ON INDIAN POLICY
BACKLASH
FROM THE NATIVE COMMUNITY
MEECH LAKE ACCORD - JUNE, 1990 Holding an eagle feather for spiritual strength, Cree, Elijah Harper, NCP member of the Manitoba legislature, voted 'no' to a procedural vote which required unanimity to extend discussion of the Meech Lake Accord recognizing Quebec as a ‘distinct society’. Native leaders saw nothing in the Accord that advanced their quest for self-government and recognition as a distinct society. CHARLOTTEOWN ACCORD - 1992 In the Charlottetown Accord constitutional process, Indigenous and government leaders held constitutional talks on a proposal that recognized Indigenous peoples' inherent right to self-government. Ultimately, Canadians rejected the accord in a national referendum.
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FIRST
NATIONS GOVERNANCE ACT In 2001, Federal Indian and Northern Affairs Minister, Robert D. Nault launched a national consultative initiative with First Nations communities and leaders, entitled "Communities First: First Nations Governance", the aim of which was to create a referendum that would repeal the 126-year-old Indian Act and replace it with new Act. The new incarnation of the Indian Act with its brand-spanking new name is now underway.
PROBLEMS Some of the country's 600 aboriginal groups have been angered by the proposed changes, which they say came without sufficient consultation.
THIS IS THE NEW VERSION OF THE 1969 WHITE PAPER IN WHICH COLONIALISM AND RACISM CONTINUES TO ABOUND AND THE 'A' WORD "ASSIMILATION" IS ALIVE AND WELL AND CONTINUES TO BE ON THE TABLE. Former Prime Minister Cretien failed in 1969 when he was Minister of Indian and Northern Affairs to assimilate Native people. As Prime Minister he continued to press for it. Fortunately, it didn't work out and could not be added to his 'legacy' list. IT IS, AGAIN, A NATIONAL DISGRACE
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WHAT ELSE IS BEING CRITICIZED IN THE NEW VERSION
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GENTLE READERS: YOU HAVE DONE WELL TO STAY IN THE MOMENT TO READ ABOUT THESE DIFFICULT SUBJECTS. WELL DONE! |
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CLICK ON' EAGLE' FOR MORE ON APOLOGY FROM CANADA'S PRIME MINISTER TO RESIDENTIAL SCHOOLS SURVIVORS
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Note to Gentle Readers: Due to the almost mythical number of SPAM emails I receive per month, anti-spam software has been installed - be patient and answer the question from IPermitMail; I look forward to hearing from you. |