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The Indian Act. 1876. What is the Indian Act?. The Indian Act is a legal document and a set of laws that was first passed by the Canadian Government in 1876 and is still enforced today. This set of laws gave the government complete control over the lives of Aboriginal peoples.
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The Indian Act 1876
What is the Indian Act? The Indian Act is a legal document and a set of laws that was first passed by the Canadian Government in 1876 and is still enforced today. This set of laws gave the government complete control over the lives of Aboriginal peoples.
Why Was it Created? Historically, control over Aboriginals had been a British responsibility, which was then passed to Canada. Once the fur trade ended, Aboriginal peoples had no role to play, and they became a barrier to government plans for the settlement of western Canada. The Government called it the Indian problem.
Why Was it Created? The government responded to this “problem” by creating the Indian Act which had two objectives: 1. Control over Aboriginal peoples. Aboriginal peoples couldn’t leave reserves, their own land, or do business without permission. 2. Assimilation. Eventually Aboriginal peoples were to enfranchise and receive all the benefits of any other Canadian.
What Did the Indian Act Do? placed complete control over Aboriginal politics, culture, education, and personal lives in the hands of the federal government established rules that dictated who was Indian and who was not (status/non-status) located all financial control of Aboriginal peoples with the federal government did not allow Aboriginal people to own land forced a new form of education on Aboriginal peoples (residential schools) did not allow aboriginal people to vote in a federal election until 1960
Who is the ‘Federal Government’ According to the Indian Act, the federal government gained control over a lot of aspects of Aboriginal peoples lives. These people were called ‘Indian Agents’ and were located on a reserve living with Aboriginal people and every single thing had to go through the Indian Agent. The Aboriginal people could not even leave the reserve without asking permission from the Indian Agent.
Were There Positives to the Indian Act? The Indian Act is the only government document to recognize Aboriginal peoples. Without it, aboriginal peoples would not have any special status. It allows for certain rights including health services, education, subsidized housing and exemption from certain taxes but all in exchange for land and other rights.
Provisions to the Indian Act The Indian Act made it illegal for Potlatch and traditional dances, if people were found participating in these they were sentenced to jail for 2-6 months. This ban was lifted in 1959. In 1951, legal assistance for Aboriginal people was allowed., First Nations women could now vote on land decisions and it was made legal for the province to decide on any other First Nations concerns that was not covered in the Indian Act.
Provisions to the Indian Act Also in 1951 there was a change in the law that took a First Nations woman’s status away if she were to marry a non-First Nations man, whereas if a First Nations man were to marry a non-First Nations woman he would not lose his status. The government put restrictions on purchasing and consuming alcohol in 1951 as well.
Provisions to the Indian Act In 1985: Another document called Bill C-31 was passed. In this bill it said that all women and their children who lost their status after marrying a non-First Nations man could regain their status. The alcohol ban was lifted. Bands could determine membership but still could not grant Indian status, which is still left to the federal government to decide.
Your Questions! Who made this law?
Who made this law? In 1867 Canada became its own nation and was then responsible for the “Indian Problem” so the government of Canada created the Indian Act.
Your Questions! Why did they makes these laws?
Why did they make these laws? The government created these laws to try to assimilate the Aboriginal people, this means the government wanted to make Aboriginal people similar to the European people coming into Canada.
Your Questions! What impact did it have on Aboriginal people?
What impact did it have on Aboriginal people? The Indian Act was very difficult for Aboriginal people; they went from having all the rights in the world to having everything so structured. Canada is the Aboriginal people’s home and after the Indian Act they had to get permission to do anything.
Your Questions! Why is it called the “Indian Act”?
Why is it called the ‘Indian Act’? In 1876 the government referred to Aboriginal people as “Indians” which we now know is incorrect. They thought that Aboriginal people looked similar to the people of India and thought that’s where they came from.
Your Questions! Why were Aboriginal children taken to residential schools?
Why were Aboriginal children taken to residential schools? The government wanted to assimilate the Aboriginal people and they thought it would work well if they started with the children. They were not allowed to do anything that was part of their culture (use their language, any celebrations, etc.) or see their families to make sure they would become more ‘European’.
