The Indian Act was purposefully legislated to enable the Canadian government administer Indian status, manage reserve land and communal monies, and relate with first governments. The Act defines how the federal government relates with the first Nation in Canada and their members. The scope within which the act operates is wide as it covers governance, healthcare, land use, Indian reserves, and education. In essence, the act communicates about how bands and reserves are able to operate; that is, it sets out regulations that govern Indian reserves, spells out the powers of the band council, and define the methods through which bands can be created with a definite listing of the powers of the band councils (Borrows 79). Furthermore, it defines those who are recognized as ’Indian’, spells out the kind of Indians considered as ‘registered’ or ‘status’ and those who are to be denied memberships in band.
The act was brought to existence due to the fact that the First Nations had a different way of relating to the state as a result of various treaties and the inherited legal arrangements such as the Royal Proclamation of 1763. In addition, they gain such status from the fact that Canadian constitution assigns issues affecting natives to the federal government rather than provincial governments.
Is the Act Fixed or Evolving?
The Indian act has severally been subjected to amendments with most significant ones happening in 1951 and 1985. These amendments had main focus on the removal of manly discriminative sections of the Act. As at 1951, it was no longer illegal for Indians to be involved in practicing their cultural and religious ceremonies such as potlatch. Moreover, gambling, alcohol consumption, and access to pool halls were granted to them. Indian women voting rights in band councils, right to hire legal counsels and use of ceremonial dress off reserves are also other additional privies that came with the amendments that took place in 1951. However, in as much as most of the changes to the act were progressive, others were not; for instance, the compulsory enfranchisement of the First Nations women that got married to non-status men. The latter caused them to automatically lose their Indian status; this did not only affect them but also their children.
What have been some consequences of the Indian Act?
The enactment of the Indian Act has had lots of consequences both to the status and non-status Indians. Some of the major effects of the Act are that, Indians were prohibited from getting business loans, mortgage and even leasing of cars. In addition, they were denied the rights to sell agricultural products to anybody outside the reserve without government’s permission.
The consequences were manifold as it impacted many aspects of the Indians life including on both the societal and economic issues. At the social level, the Act created a band system in which Natives exercised their pores through municipal with more authority. As Borrows argues, the latter resulted in effective execution of the repressive laws that in turn positioned the leaders to have more authority over the people (182). Economically, it caused Indians to be driven to penury; the system tries to detach Indians from accessing development as per the requirements of human dignity. By confining them to reserves, Indians are subjected through an apartheid system than denies them opportunities of employment and thus depriving them of the ability to carry out personal development within their societies.
Has anyone benefited from the Indian Act?
While there are many of the negative impacts of the Indian Act, it has also brought mild benefits to registered Indians. Under section 87b of the Act, a registered Indian accrues a wide range of benefits including exception from income tax (Pasternak 179). Moreover, properties located on the reserves including the gains accrued from the sale of the property are exempted from being taxed. The latter was supported by the Canadian Supreme court which, held that the exemption is to aid in protecting the properties and ensuring that tax does not erode the benefits of using properties located in the reserve. On the other hand, in order to be eligible for Canadian Child Tax benefits, registered Indians can decide to file income tax returns, which however is not mandatory.
Early Policies: 1763-1876
How would you describe the role of the Royal Proclamation?
The main role of the royal proclamation was to device the basis of interaction between the colonial administrations and the First Nations people in following centuries. Park et al. maintains that it established the mode of government administration within the North American territories that were formerly ceded by Britain and France in the 1763 Paris treaty (61). The proclamation formulated the constitutional framework that gave way to the treaties and framework of negotiations with the Aboriginal Canadian inhabitants. It established a guarantee for certain rights and protections among those hailing from the ethnic group including the basis through which the government could take over their lands.
Where do people living in Canada derive their rights and freedoms?
Individuals living in Canada have over the years pointed to three principal sources of their rights and freedoms. These are the Royal Proclamation of 1763, international law and the common law as defined by the Canadian courts. In essence, the federal, territorial and provincial laws as well as the constitution guarantee the protection of the fundamental human rights and freedoms. Most of the basic rights are covered by the Canadian Bill of Rights which was passed in 1960; people in private and public sectors also have their rights guaranteed by the Canadian Human Rights Act ((Nation and Lorne 151). The many acts relating to human rights in Canada are subject to amendment with exception of the Canadian Charter of Rights and Freedoms which is protected by the written constitution.
What allows someone to claim that they are a part of an ethnic group?
From the earlier policies that were enacted in the first half of the 19th
century, the need to assimilate First Nations people into the growing settler population. It is from these policies that legislations to define who an Indian was. The Act for the Better Protection of Lands and Property of Indians in Lower Canada formulated in 1850 gave the definitions of the requirements that qualify an individual to be Indian (Alexander 315). Canada categorizes a specified group of people as Indians, Metis and Inuit who come together on the basis of their shared blood relation, cultural beliefs and practices.
Is blood the only way to identify as part of an ethnic group?
As presented in the 1850 Act, in the process of one identifying themselves as members of a particular ethnic group, blood relation has been used as the main determining factor. However, if one belonged to a body or tribe of Indians, and the descendants of those who intermarried with people from the Indian tribe, and either one or both parents were Indians or those who were adopted at infancy by an Indian could end up being considered as Indians. As held in the phrase “Ethnic identity is not a closed system, as outsiders can be incorporated into the ethnic group,” it is proven that outsiders can end up becoming members of a particular ethnic group through adoption, intermarrying and when the ideological and cultural practices of such groups get aligned.
Is there an equivalent to blood relation for (pick one): religious, ideological, cultural, etc. identities?
Cultural identities can tie up a particular group of people together as they have a shared way of life. When a group of individuals share cultural beliefs and practices, they can be considered as belonging to one ethnic group. As such, their relation can be equated to that of a people bonded together by blood relation (Nation and Lorne 172). This explains why when people realize that there are having similar beliefs and ways of life, they get drawn together and enhance a cohesive relation that ensures that mutual coexistence is imposed among them.
Entrenchment Paternalism: 1876-1951
How can these new responsibilities influence notions of identity?
As per the regulations in the 1850 Act and the results of consolidation of the Gradual Civilization Act and the Gradual Enfranchisement Act into the Indian Act, the identity of a particular ethnic group is dependent on the definitions given by the laws that are well articulated in these Acts (Allard 145). Therefore, the prevailing notion as far as identification of individuals or a group of people in Canadian setting is made in regards to one’s blood relation and cultural identities.
In a short paragraph, briefly research and summarize the Gradual Civilization Act or the Gradual Enfranchisement Act)=
The Gradual Civilization Act
The Gradual Civilization Act, which was passed in 1857 aimed at seeking assimilation of the Indian people into the Canadian settler society (Park et al. 71). The latter was achieved through encouragement of enfranchisement. However, due to the fact that the enfranchisement was voluntary, its operation was not as effective as it was thought and hence the act failed in many fronts. In the Act, a recognized Indian male above 21 years of age, able to speak English or French and with capabilities to read and write became enfranchised. He was not to retain his Indian legal right hence not deemed as an Indian. However, the enfranchised person would become a regular British subject with the abilities to vote. Being that enforcement of the Act was on voluntary basis, not many people followed through the entire process and hence resulting into the Acts failure.
As there is a vast amount of thought-provoking material in the above paragraph, your task is simple: respond to the above.
The desire to marginalize Aboriginal society by successive colonial governments is one of the most repressive actions in the span of the federal government’s lifeline. These regulations were instrumental I preventing the passing down of the oral history among those hailing from the Indian community. Moreover, an effective interference with the respective governments that the community used to have created a major disruption of the conflict resolution mechanisms and the way of life that the ethnic group took pride in. among other repressive aspects of the Act, Potlatch law is outstanding (Pasternak 189). The law banned potlatches and abolished important ceremonial activities such as the sun dance. Therefore, it is worth noting that the main reasons behind imposition of such destructive laws was only to make it easy for the ruling elites to have more power over the indigenous Aboriginal ethnic group.
Using the link provided, respond to the following: how has the concept of status affected population distribution in Khanawake and the Greater Montreal Area?
For an individual to qualify to live in the Kahnawake region, they must be of the Mohawk ethnic group. The regulations in the area are so strict such that If one decides to marry a non-indigenous person, they forfeit their status position and are told to leave their only known home. The latter causes the reduction in population in Kahnawake. Whereas there has been contention on the execution of these laws, native Mohawks still hold on to their indigenous beliefs in that even if the forfeiters are not forced to leave the community, their children face discrimination and harassment in schools. In order to settle in Kahnawake, the regulations require that one must possess at least 50 percent of the Indian blood without which an individual is regarded as non-member and hence lack status to live in the area. Once an individual has forfeited their membership, they lose their rights to vote, live, own property and even getting buried in the Mohawk land. The policy that as adopted in 1984, has created a contention between the federal government and the Mohawk council of Kahnawake and hence resulting in those aggrieved lacking definite recourse seeking avenues.
Analyze the effects of the following
“for nearly a century, it was effectively illegal to be a First Nations person in a traditional sense, and impossible to interact with non-Indigenous society in any meaningful way without losing status.”
The laws that were used to govern the existence of individuals bearing the First Nations’ identity did not permit them to interact with others outside the community. They were segregated in the formed reserve with most of their rights derived from permissions granted by the government. For instance, cases where an indigenous Indian acquired education, achieved a professional success to become either a doctor or a lawyer, or became a Christian minister, their indigenous status was lost. The implementation of these policies projected Canada as a country that did not support the growth of indigenous cultural activities but instead promote their assimilation into the entire settler groups.
Problematic Reforms: 1951–1985
What are the possible consequences for consulting the Aboriginal population so late, regarding how the Indian Act has been impacting them?
When the federal government set up laws and reforms regarding the First Nations people without consultation, they ended up rejecting them due to the fact that they did not take part in the formulation process and hence cannot oversee their implementation. The latter resulted in in Canadian government creating a Joint Committee whose main role was to ensure that the First community people were effectively involved in the entire reform formulation process. As a result, most of the repressive and oppressive restrictions to exercising cultural and political practices were overhauled.
What global events may have motivated Canada to examine their policies regarding Aboriginals?
One of the notable global events that triggered the desire to examine some of the Canadian policies regarding the Aboriginals was Second World War. According to Allard, the latter resulted in intensive societal introspection and hence the process for reconsideration of some of the most restrictive measures, that were imposed by the implementation of the Indian Act (91). However, n as much as there were observable changes to the Indian Act, the change did not take away the discriminative nature of other clauses in the Act, for instance, the loss of status by a woman who married a non-status man.
What can you do to lose your identity?
Within the reforms that were undertaken in 1951, the ‘double mother’ rule resulted in the revoking of the status of a child once they attain the age of 21 years. The latter was effected if the mother or the grandmother of the child had not qualified for the status. In addition, the woman qualification for status condition was dependent on that of their husbands; that is, if a woman was married out of their band, they entirely lost their status and instead got tied together with the husband to acquire the new band status which was lost in the instance that they were abandoned or got widowed. Notably, the reforms did little in achieving the progressive stance that was intended instead they became more repressive on women rights to claiming their status positions.
Restrictions, the White Paper, and Human Rights
How is Justin Trudeau’s behaviour different from Pierre Elliott Trudeau’s?
Whereas Pierre Elliott Trudeau introduced the White Paper whose main role was to entirely eliminate the indigenous people’s special treatments and their status, Justin Trudeau projects himself as one who recognizes the rights and need to respect the status of the indigenous ethnic groups (Kelm et al. 72). In his speeches to the House of Commons, he continuously spells out the need to work together in order to formulate regulation that can ensure that individuals hailing from the ethnic group can take control of their destiny and are well integrated in the society with federal government respecting their cultural rights.
To what extent does this shape Justin Trudeau’s identity?
The act by Justin Trudeau to desire creation of a framework that recognizes and implements the indigenous rights of the people makes him appear as pro cultural ways of life. Moreover, the gesture makes him be seen as a respecter of human rights
To what extent is this provision discriminatory towards women?
The provision that ties a woman’s status to her husband has received wide criticism more specifically from the ruling delivered in 1973 by the Supreme Court (Alexander 315). In essence, it is the provision lacks to recognize that women can have rights to determine their desired way of life. For instance, when a woman marries outside their bands, they lose their status yet men do not lose it when they marry outside their bands. As such, the provision seems to give more consideration and privileges to men as compared to that which women are accorded.
Is this congruent with espoused Canadian values?
The discriminative provision in the Indian Act was not considered to be in coherence with the Canadian value system. The latter is expounded by the fact that Section 67 of the Canadian Human Rights Act passed in 1977 were exempted from being operationalized because the Indian Act was regarded as not meeting the human-rights standards.
Provide an argument for why a governing body should be able to determine your identity (or “status”), and an argument for why they should not be able to
The determination of an individual’s identity or status can be left to a governing body if it is to be used to help in service delivery and matters pertaining to establishing the census that aims at providing the desired government assistance. In addition, a government can reserve the rights for status and identity determination in the cases of protecting its citizens against terrorist groups that can intrude into their territories (Collins 291). However, the right does not extend to cases where an individual decides the path of life they desire to pursue. For instance, if the identity id used to deprive a group of people of their rights to education, marriage, healthcare or even the mode of lifestyle they decide to live.
Challenge and Change: 1985 and Beyond
What would your criteria be for qualifying for status?
In as much as there has been improvement on the modes of gaining status among the Indians by the passage of Bill -31, there still remains difficulties for children of mothers who have acquired status. If they marry out, their children are denied status. As such, the total removal of the sex-based discrimination mechanisms would be very helpful as far as respecting the human rights for women are concerned.
What are some possible consequences if the idea of status is no longer applied?
As proposed by Pierre Elliott Trudeau, removal of the status for Indigenous can result in eroding of the rights that people hailing from such ethic groups are entitled to. On the other hand, the removal of status requirements will help in promoting the quest to achieve equal rights for women within the Indigenous community as there will be no special treatments for members of a gender. Therefore, government’s desire to scrap all the gender based discriminative clauses can be a step seen to aid in promoting of equal treatment within the society.
To what extent does the existence of the Indian Act shape Canadian identity?
The fact that some of the clauses, of the contemporary version of the Indian Act, are in operation makes Canada seem to be a country that does not clearly respect human rights. The latter is so because, most of the provisions in the Act were set out to majorly discriminate against members of the Aboriginal community. The Act is outdated and does not align itself to the international law standards that are set out to protect every individual living in the global society.
To what extent does the existence of the Indian Act shape Aboriginal identity?
The Indian Act has over the years resulted in predetermined discrimination of those in the Aboriginal in issues like management of the reserves, the financial guardianship of mentally incompetent and minors, elections, band resource management, and other varied aspects within the reserve. Containing the community within the reserves meant that they were to be excluded from exposure to government’s development agenda. As such, they were lacking in educational exposure, attainment of required education standards and other basic amenities that aid in fostering satisfactory living standards within the community. Moreover, the enfranchisement provisions that made children of the Aboriginal community lose their status once they graduate from university, gain professional designations such as lawyers or doctors was repressive in that it made members of the community not desire to get such achievements and hence they remained in their underdevelopment position.
Propose a viable solution
In order to overcome the challenges that arise from implementation of the Indian Act, an abolition of most of its repressive sections and provisions is necessary. The government in recognizing the rights and the uniqueness of members of the Aboriginal ethnic group should formulate rules that allow them to take charge of their destiny without requiring permissions from any governing body.
Works Cited
Alexander, M. Jacqui. "The Aboriginal Justice Implementation Commission (AJIC).“The death of Helen Betty osborne.” government of Manitoba, 2001.Web. Act for the Better Protection of the Lands and Property of the Indians in Lower Canada (1850). Act to Encourage the gradual Civilization of the Indian Tribes in the Province." The Testimonial Uncanny: Indigenous Storytelling, Knowledge, and Reparative Practices 117 (2014): 315.
Allard, Chris. "Relations between Canada and First Nations in the West (1867-1900): The Numbered Treaties, Indian Act, and Loss of Aboriginal Autonomy." HPS: The Journal of History and Political Science 4 (2015).
Borrows, John. "Unextinguished: Rights and the Indian Act." UNBLJ 67 (2016): 3.
Collins, Asha Mary. "The Colonial Legacy–The Legal Oppression of Indigenous Women and Girls in Canada."Glendon Journal of International Studies/Revue d'étudesinternationales de Glendon 10 (2017).
Kelm, Mary-Ellen, and Keith D. Smith.Talking Back to the Indian Act: Critical Readings in Settler Colonial Histories.University of Toronto Press, 2018.
Nation, NishnawbeAski, and Lorne Sossin."First-Ever Indigenous-Led Summit to Focus on Moving Past the Indian Act." (2018).
Park, Jungwee, et al. Avoidable mortality among First Nations adults in Canada: A cohort analysis. Statistics Canada, 2015.
Pasternak, Shiri. "How capitalism will save colonialism: The privatization of reserve lands in Canada." Antipode 47.1 (2015): 179-196.
Pyke, Simon. "Examining the Regulatory Gap on Indian Act Reserve Lands: A Comparative Case Study of Two Aboriginal Governance Regimes in Quebec." (2018).
Weaver, Hilary N. "Social Services and Indigenous Peoples of North America: Pre-Colonial to Contemporary Times." Social Issues in Contemporary Native America.Routledge, 2016.59-72.
