Lecture Notes on The Indian Act

Introduction

• Indian Act: Canadian federal law concerning Indian status, bands, and reserves.
  • Enforces federal control over registered Indians and reserve communities.
  • Governed by Indian and Northern Affairs Canada (INAC).
• Purpose: Assimilation of Aboriginal peoples into Canadian life and values.

Origins and Historical Context

• Gradual Civilization Act (1857) and Gradual Enfranchisement Act (1869) were precursors.
• Consolidation: Indian Act of 1876 unified previous laws, focusing on assimilation.
• Quote: John A Macdonald's 1887 statement on assimilation.
• Superintendent General's Powers: Control over status Indians' moral character, rights, and governance.
• Resistance: Aboriginal protests against oppressive legislation.

Key Provisions and Amendments

Potlatch Law & Section 141

• Potlatch Ban (1884): Outlawed cultural ceremonies under the Indian Act.
  • Impact: Disruption of cultural traditions.
  • Resistance: Namgis Chief Dan Cranmer's underground potlatch in 1921.
• Section 141: Banned hiring lawyers, suppressing legal defense of Aboriginal rights.

1951 Amendments

• Post-WWII Changes: Amendments post-war enhanced human rights awareness.
  • Removed oppressive sections, legalized cultural practices, and allowed legal counsel.
  • Indians retained certain rights (voting, ceremonial dress, etc).

The White Paper (1969)

• Proposal: Abolish Indian Act and Department of Indian Affairs.
  • Rejection: Aboriginal opposition to assimilation; desire to retain legal Indian identity.
  • Outcome: Shift towards constitutionally protected rights.

Bill C-31 and Gender Discrimination

• Gender Bias: Status dependency on marital status; women lost status if married to non-Indians.
• Legal Challenges: Women organized and challenged discriminatory legislation in the 1970s.
  • 1985 Amendment: Bill C-31 allowed status regain but with inheritance restrictions.
  • Ongoing legal challenges regarding status inheritance.

Abolishing the Indian Act

• Controversy: Criticized as human rights abuse and apartheid.
• Significance: Acknowledges unique constitutional relationship with Aboriginal peoples.
  • Seen as leverage in rights discussions.
• Quote: Harold Cardinal's 1969 critique and paradox of the Indian Act.
• Current Consensus: First Nations want active involvement in redefining their relationship with the government.

Recommended Resources

• Books, articles, and reports for further reading on the Indian Act and related topics.

Written by Erin Hanson

• Endnotes: References and additional context for specific historical points and quotes.