History of the Indian ActSOME HISTORY…

1763 – The Royal Proclamation (England Claimed Canada)-Set rules for Aboriginals to have lands-Land could be bought by Europeans-Aboriginals had sovereignty over their land-Legally protected Aboriginal people from Europeans

1850 – Act to Protect Indians-First time Indian “status” was defined. “Aboriginal by birth or blood”, “belong to band or tribe”, “Married to or adopted by Aboriginal”-Europeans – not FNMI people – defined who was Aboriginal

1857 – Act to Encourage Civilization of Indian Tribes-Introduced concept of taking away status rights (ENFRANCHISEMENT))-Had to be male, over 21, able to read/write, have education and money-Given 50 acres of land and money from band-Women and children also lost their status if man did too

History of the Indian ActSOME HISTORY…

1860 – Indian Lands Act-Created “Chief Superintendent of Indian Affairs” who was in charge of all Aboriginal issues and reserve lands, including who could belong, who could live where, and financial issues

1867 – Canada Becomes Country Instead of British Colony

1869 – Act to Enfranchise Indians-Allowed reserve self-government-Bands could elect chief and council to run reserves-Set rules for elections and what laws each council could pass-Women could not vote-Some bands did not have voting but were not forced to follow rules-Alcohol sales to Indians illegal-Aboriginal women lost status when marrying non-Aboriginal men. -First process of assimilation

History of the Indian ActSOME HISTORY…

1876 – Indian Act-Included vision of assimilation. Government felt need to turn Indians into civilized Canadians-Government in charge of all Indians affairs-Government decides who is and is not Indian.-Métis have no status-Reserves could be broken up

Indian Act had many changes between 1876 - 1951

History of the Indian ActSOME HISTORY…

1885: Prohibition of several traditional Aboriginal ceremonies1905: Power to remove Aboriginal peoples from reserves near towns with more than 8,000 people.1911: Power to take away portions of reserves for roads, railways and other public works, as well as to move an entire reserve away from a municipality if it made “sense”1914: Requirement that western Aboriginals seek official permission before appearing in Aboriginal “costume” in any public dance, show, exhibition, stampede or pageant.1918: Power to lease out uncultivated reserve lands to non-Aboriginals if the new leaseholder would use it for farming or pasture.1927: Anyone wanting to make land claims needed a license from the Superintendent of Indian Affairs.1930: Prohibition of pool hall owners from allowing entrance of an Aboriginal who “by inordinate frequenting of a pool room either on or off an Indian reserve misspends or wastes his time or means to the detriment of himself, his family or household.”

History of the Indian ActSOME HISTORY…

1951 – More Indian Act Changes-Created Department of Indian Affairs-Successful bands could get more lands to continue to grow-Women allowed to participate in band councils-Indians could perform cultural celebrations and activities-Indians could not possess alcohol or be intoxicated

1985 – Bill C-31 and Major Indian Act Changes-Women allowed to keep status no matter who they married-Status returned to some groups who had lost it-Bands could decide on their own members

2002 – First Nations Governance Act-Bands develop a system to choose their leaders-Rules developed on how bands spend money-Ensured bands protected by Canada’s Charter of Rights & Freedoms-Act did not pass due to protests from Aboriginal groups

History of the Indian ActIndian Agents…

INDIAN AGENTS worked for the Superintendent of Indian Affairs.-They had extraordinary powers to enforce the Indian Act and control the lives of FNMI people

•Agents replaced traditional Aboriginal leaders and introduced a new way of living that matched what European government wanted.•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. •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.

History of the Indian ActWHITE PAPER…

1969 – WHITE PAPER ON INDIAN POLICY-Called for an end to any special status for Native people. -Its aim was to quickly culturally assimilate Native people into mainstream Canadian society. -The Indian Act would be abandoned. -Government management on reserve lands would be dismantled. -All federal responsibilities for Native people would end.

FNMI groups were upset.-Assimilation would destroy their cultures-Wanted official ownership of their lands-Wanted ability to have sovereignty and self-government