Assignment 3.2: The Indian Act of 1876

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Since the creation of the state of Canada in 1867, the federal government has used legislation and policies to formally exclude, marginalize, and discriminate against peoples perceived as “other” and racially and/or culturally inferior.

The Indian Act of 1876 is a prime example of the Canadian federal government forcing Indigenous peoples into a position of vulnerability to settlers through the use of statutes and policies.

The act continues to control most aspects of Indigenous life by setting the parameters for “Indian status, land, resources wills, education, band administration, and so on” (Montpetit). It only applies to First Nations, not Inuit and Métis individuals and communities. 

While the Indian Act has been amended, its previous versions specifically aimed at the assimilation of First Nations individuals. For example, status women who married non-status men would lose their status, and status individuals who earned a university degree would lose their status. 

Further, it was under the Indian Act that the government was legally justified in stealing seven generations of Indigenous children from their parents and communities and indoctrinating them in ill-run and ill-equipped residential schools. These schools were designed foremost to eradicate Indigenous languages, cultures, and ways of life. Further, the schools were sites of physical, emotional, and sexual abuse as well as disease. 

Significant amendments in 1951 and 1985 have included changes to remove the most bold-faced discriminatory sections that prioritized assimilation of Indigenous cultures to the imagined Euro-Canadian nationality and culture. 

While numerous leaders of First Nations communities have called on the federal government to repeal the Indian Act (including former Assembly of First Nations National Chief Shawn Atleo), many Indigenous people have an ambivalent relationship with the document. For, despite its paternal nature, the Indian Act includes government obligations to First Nations peoples and protects some rights of individuals with status, including the right to live on reserve land. 

The Indian Act embodies a paradox. It has facilitated abuse and trauma, human rights violations, and significant social and cultural destruction to generations of Indigenous peoples; yet, it has also offered some protection and legal recognition of an individual’s distinct First Nations heritage.

Despite amendments, the Indian Act remains an outdated statute that resists change (The Canadian Encyclopedia). The contemporary document continues to outline numerous rules on reserves, management of band resources, elections, and other aspects of life on the reserve. Since the 1990s, many efforts to reform or abolish the act have been made, but these legislative attempts have been surrounded by controversy for many reasons, most prominently because First Nations groups were not fully and properly consulted. Rather than changing the Indian Act itself, other agreements have sprung up to allow First Nations governments higher autonomy, such as the First Nations Land Management Act of 1999.

The Indian Act has historically served to impose homogeneity by the state to create the ideal nation-state, as outlined in the CanLit guide. This statute has been seen to further the Canadian federal project of “white civility,” as analyzed by Coleman, by legally forcing First Nations governments and individuals to remain segregated from or assimilate into Canadian “whiteness as modelled after the British model of civility” (5). The paternalistic nature of the document highlights the privilege granted by the “fictive ethnicity” of whiteness as dominant and the norm in Canada to facilitate unequal relationships between First Nations people and white-settlers in government.

 

Works Cited

Coleman, Daniel. White Civility The Literary Project of English Canada. University of Toronto Press, 2014.

Henderson, William B. “Indian Act.” The Canadian Encyclopedia, www.thecanadianencyclopedia.ca/en/article/indian-act.

“Introduction to Nationalism.” CanLit Guides, 15 Aug. 2013, canlitguides.ca/canlit-guides-editorial-team/introduction-to-nationalism/.

Marshall, Tabith. “Shawn Atleo.” Shawn Atleo | The Canadian Encyclopedia, www.thecanadianencyclopedia.ca/en/article/shawn-atleo.

Montpetit, Isabelle. “Background: The Indian Act | CBC News.” CBCnews, CBC/Radio Canada, 14 July 2011, www.cbc.ca/news/canada/background-the-indian-act-1.1056988.

Rivera, Hermes. “flag of canada.” Unsplash, 27 June. 2018, https://unsplash.com/@hermez777.