THE INDIAN ACT

CANADA TAKES CONTROL (1871)

• The Department of Indian Affairs (DIA) was created to “look after” First Nations

No other ethnic group was targeted in this way

THE INDIAN ACT - 1876

• Goals of the Indian Act:

• Assimilation – First Nations’ cultures and languages would conform to that of European settlers (in other words, First Nations would give up their own cultures and languages, and in doing so, would attain the same rights as Canadians)

• Complete control over the lives of First Nations

• It determined who was considered Status Indian

• It influenced all aspects of a First Nations person's life from birth to death

• It is still in effect today!

INDIAN ACT: STATUS INDIANS

• The Indian Act determined who qualified as a Status Indian

• Status Indians are considered “wards” of the Canadian government

• In law, a ward is someone placed under the protection of a legal guardian. A court may take responsibility for the legal protection of an individual, usually either a child or incapacitated person, in which case the ward is known as a ward of the court or a ward of the state.

INDIAN ACT: LOSS OF STATUS

The following actions resulted in a loss of status..

• marrying a man who was not a Status Indian

• enfranchisement (until 1960, an Indian could vote in federal elections only by giving up their Indian status)

• having a mother and paternal grandmother who did not have status before marriage (these people lost status at 21)

• being born out of wedlock of a mother with status and a father without.

http://en.wikipedia.org/wiki/Indian_enfranchisement_in_Canada

INDIAN ACT – INDIANS AS PEOPLE?

• Under the I.A. Status Indians were not considered “people” under the laws of Canada

• This denied them certain rights..

INDIAN ACT: VOTING• Since Status Indians were not “people” they could not

vote in Canadian elections.

• If they gave up status they could vote..

Do you think Canadian politicians would

have been concerned about First Nations issues if

First Nations people had given up their status to vote?

Why or why not?

• First Nations people finally got the right to vote in Canada in 1960

INDIAN ACT: POLITICAL INTERFERENCE

• The I.A. ignored traditional First Nations forms of government (hereditary, appointed, or chosen by a council)

• It imposed the Euro-Canadian town council on First Nations

• Band councils and chiefs would be elected, just like a mayor..

INDIAN ACT: RESERVES

• Once the I.A. was passed, Status Indians were not permitted to own land

• They were “wards” of the State (Canada)

Nanaimo, Indian Reserve #1

INDIAN ACT: RESERVES

• First Nations were removed from their traditional territories and forced to live on “reserve” lands

• Indian Reserves were usually small pieces of land, and were meant to be temporary.

• Most reserve land was poor quality land, unsuitable for farming.

INDIAN ACT: ALCOHOL USE

• Under the I.A. Status Indians were forbidden to own or consume alcohol

• It was forbidden to sell alcohol to Status Indians

INDIAN ACT: RESIDENTIAL SCHOOLS

• The Indian Act of 1876 gave further responsibility to the federal government for Native education.

• The result was the residential school system, a cooperation between Church and State to assimilate First Nations children.

A boy dubbed “Thomas Moore” before and after he attended a residential school.

• Added to the Indian Act in 1880, largely because of farming success of First Nations

• First Nation farmers had to have a permit to sell cattle, grain, a load of hay, or produce

• They required a permit to buy groceries and clothes

• To make the permit system even more effective, settlers were not allowed to purchase goods and services from First Nation farmers

• This was removed in 2014!

INDIAN ACT: THE PERMIT SYSTEM

INDIAN ACT: POTLATCH BAN• 1884 – Indian Act banned the Potlatch, attacking

an integral part of the culture of the Northwest Coast First Nations

• The government and missionaries viewed potlatch ceremonies as excessive, wasteful and barriers to assimilation

• Other important cultural ceremonies were also later banned

Chief of the Wolf Crest of Git-lak-damaks, 1910

• Potlatch ceremonies, depending upon the culture, could for example be held to celebrate the passing of names, titles and responsibilities of one chief to the eldest heir, distribute wealth, establish rank; to mark the passing of a chief or the head of a house; to celebrate weddings and births

http://www.ictinc.ca/23-working-effectively-with-aboriginal-peoples-tips-on-what-not-to-say-or-do

INDIAN ACT: THE PASS SYSTEM

• In 1885 General Middleton introduced the Pass System in western Canada

• First Nations people could not leave their reserves without first obtaining a pass from their farming instructors permitting them to do so

• Although the Indian Act did not officially include this system, it continued to be enforced until the early 1930’s

INDIAN ACT: AMENDMENTS

• 1905: Amended to allow Aboriginal people to be removed from reserves near towns with more than 8,000 residents

Why would Canada add this to the Indian Act?

INDIAN ACT: AMENDMENTS

• 1914: Amended to require western Indians to seek official permission before appearing in "aboriginal costume" in any "dance, show, exhibition, stampede or pageant."

Official Permission! Would this be accepted today? Why or why not?

INDIAN ACT: AMENDMENTS

• 1927: Made it illegal for First Nations peoples and communities to hire lawyers or bring about land claims against the government without the government's consent

• This effectively prevented any First Nation from pursuing Aboriginal land claims.

INDIAN ACT: AMENDMENTS

• 1930: Amended to prevent a pool hall owner from allowing First Nations people from entering

IMPACT ON FIRST NATIONS PEOPLE

• Lost customs, traditions, and languages

• Family ties were broken

• Children were removed from their families

• Freedom of movement was restricted

• Women were discriminated against

• Not allowed to practice their spiritual ceremonies

• Lost their identity through enfranchisement

• Lost their self-confidence

• Lost their parenting skills

IMPACT ON FIRST NATIONS PEOPLE

• Lost the right to determine their own membership

• Lost their traditional leadership

• Lost their sovereignty

• Have only limited access to education

• Lost their lands

• Lost their resources

• Lost their traditional lifestyles

• Lost their freedom

• Have only limited opportunity to sell their agricultural goods

RECLAIMING POWER!

• Learning their languages

• Learning their cultural traditions

• Participating in spiritual ceremonies

• Participating in cultural social singing and dancing

• Learning about their cultures in school

• Many are living healthy lifestyles

• Proud of their cultures

• Many are parenting in healthy ways

• Parents are involving themselves with their children in cultural events and activities

• Elders are sharing their knowledge

• First Nations governments are being acknowledged