Solving Conflicts through Agreements: The Indian Act and Canadian Treaties In modern society the question of why the aboriginal population receives benefits often arises. Much of today’s youth does not understand that the Native American people were often stripped of their rights in the past in order to gain these advantages. Two main incidents were established in the Aboriginal history, the first was the treaties that spread across Canada and the second incident was the Indian Act of 1876. The main difference between the Indian Act and treaties were the aboriginal’s role in the decision-making. Treaties allowed for a compromise between the Natives and the government that allowed for benefits on both ends whereas the Indian act …show more content…
From its first enactment in 1857 up to at least the 1960s, voluntary enfranchisement was the cornerstone of Canadian Indian policy. Since the Indian Act seemed to have set a bad example of communication, treaties had more success in the developmental stage of communication between the two parties, the First Nations people and the Crown. The diplomatic agreements between First Nations and Europeans were built on pre-contact foundations. Europeans inherited sets of relationships and rivalries among Aboriginal peoples into which the newcomers had to fit themselves. But, as in the case of commercial relations, the insertion of the Europeans, with their different interests and strengths, into pre-existing political systems complicated and modified indigenous alignments. This relationship between the Europeans and the First Nations was a very important development in both European Western development and First Nations attempt to expand their technological expansion. From the very first days of their presence in northeastern North America, Europeans encountered First Nations well versed in creating political agreements among themselves by means of kinship and ritual. The Europeans were not the only people who had their own way to get through the treaties; the First Nations people did too. On the aboriginal side the sacredness and binding
The Canadian government has great control of where the aboriginals are situated and what resources and services are made available to them. In 1876 the Indian act was created by the Canadian government (Indian Act). “The Indian act is a Canadian federal law that governs and matters pertaining to Indian statuses, bands, and Indian reserves”(Indian Act). A part of the Indian Act made the government give some crown land to the Aboriginals; the
Since the colonization of Canada First Nations people have been discriminated against and assimilated into the new culture of Canada through policies created by the government. Policies created had the intentions of improving the Aboriginal people’s standard of living and increasing their opportunities. Mainly in the past hundred years in Canadian Society, policies and government implemented actions such as; Residential schools, the Indian Act, and reserve systems have resulted in extinguishing native culture, teachings, and pride. Policies towards the treatment of Aboriginal Canadians has decreased their opportunities and standard of living because of policies specified previously (Residential schools, the Indian Act, and reservation systems).
Secondly, the Act granted the Superintendent General of the Indian Affairs control over the Indians (Hanson, n.p.). This basically allows the Superintendent General to arbitrarily decide who deserves extra benefits and who doesn't, thus intruding with the lives of the aboriginals. The third effect of the Gradual Enfranchisement Act was the restriction of power of the band councils, such as “regulat[ed] alcohol consumption and determin[ing] who would be eligible for band and treaty benefits” (Hanson, n.p.). These two Acts defined relationship between the Canadian government and the aboriginals that hinted a sense of superior control, in which the Canadian government's power over the aboriginals only extended with the Indian Act of 1867. This is due the fact that the Indian Act not only added a few more regulations that controlled the aboriginals, but it also solidified more power to the two Gradual Civilization Act and the Gradual Enfranchisement Act by forcing the enfranchisement of the aboriginals who, for example, served in the Canadian army or gained an University education (Crey, n.p.)
In 1976 the Fraser government passed the Aboriginal Land Rights Act. Several state governments passed their own Land Rights Acts, which recognised aboriginal and Torres Strait islander claims to land and guaranteed them royalty payments from mining companies working there. Some laws enforced by the government became challenging for most indigenous people to abide by. Through the analysis of this information we understand the impacts the government and its laws had towards the indigenous society of
For several hundreds of years, Aboriginals have been impacted by the Indian Act in many ways. They have dealt with numerous challenges that have changed their lives forever. Laws were created by the Canadian government with the purpose of controlling Natives and assimilating them into Canadian culture.For multiple years,
The Indian Act was a challenge by the Canadian government to adjust the aboriginals into the Canadian culture including bring in residential schools, separating every First Nations in trying to “improve”, and practice them for standard society (Emberley, 2009). First Nations people were also not allowed to possess any land or offer the land that used to be theirs before the Indian act as this segregation put limits maintaining or even owning anything (Emberley, 2009). This lead to the point on everything being restricted for the First Nations including losing history, practicing
With the proposal of the ‘Statement of the Government of Canada on Indian Policy’ (hereafter referred to as the White Paper) in 1969 by Jean Chretien, existing tensions over the role and future of First Nations within Canadian society would finally come to a head. Prior to the introduction of this policy, government bureaucrats and missionary organizations had finally begun to realize that directed change and economic development were not taking place amongst First Nations communities as they had wanted, and decided in the favor of a change. This change in policy brought about the White Paper, which was a cleverly veiled assimilationist proposal of the Canadian government to the First Nations peoples of their country. This shift in policy
Firstly, Aboriginals have been run out of their native lands and what little they have left is constantly being fought over by the Natives, the government and major corporations. Mr. Norman Slotkin, a lawyer for the Union of Ontario Indians, had this to say:
To reconcile the relationship between Canada and the Aboriginal community means to effectively restore peace and instil positive relations amongst the two parties. In the interest of reconciliation, the Canadian government must undo its actions against the aboriginal community and furthermore acknowledge responsibility on its part. In 1949, the Special Joint Committee of the Senate and House of Commons considered and delegated the content of the Indian Act. By 1949, the Indian act was modified to allow first nations students to be educated in public schools. The Canadian government recognized the inexcusable conditions Aboriginal youth were exposed to through residential schooling and yet failed to formally accept guilt and liability. Furthermore, bill C-31 was introduced in 1985 as an act which aimed to amend the horrific laws enforced through the Indian Act and gave. This gave the Aboriginal community hope for equality amongst non-Aboriginals within Canada. The bill aimed to reinstate Indian status to all individuals whom were forcibly stripped of their status because of the Indian act. However, the result of the bill proved it to be extremely unproductive as large numbers of women and children were still not reinstated with Aboriginal status for over thirteen years, thus failing the Aboriginal community.
Often times, when it came to the discussion on equality within Canada, the actions of Canada were compared to those of the United States, and often times, a comment is made stating that the United States could learn from Canada’s example when it came to racial harmony. However, this idea was often criticized as the racial problems within Canada were just as severe. The respect and the livelihood of the First Nation were violated for years even before the start of the twentieth century. However, the issues of the First Nations were hardly ever brought to light by other Canadians because these issues were often hidden deep within the reserves that these First Nations were forced into. From taking their land away to disregarding their cultures, the government rarely ever acknowledged the needs of the First Nations until they could no longer be ignored. The government continuously stressed assimilation, especially with the Indian Act , and expected the First Nations
As we fast forward to the present, we see that this act may have diversified effects on
The rights and freedoms of Aboriginal people have changed significantly during the 20th century after facing many years of neglect and inequalities. In that time, change in indigenous rights and freedoms was brought about as a result of government policies, political activism and legal changes.
Indigenous governance is filled with legislations and amendments that began with the Royal proclamation act of 7th October 1763. Since then, there has been a massive effort to civilize the indigenous population in order to integrate them with the non-indigenous population by the government of Canada. The main purpose of such a congress is debated till date.
This essay will outline the importance of the numbered treaties and the Native relations at the time. This includes the events that occurred in 1871-1877 and will specifically outline the importance of Treaty Number 6. Although the numbered treaties were intended to benefit both the Natives and the Canadian government, in many cases, the treaties were not as favourable or beneficial to the natives as they were to the state. The natives were forced to sign the treaties and even when the treaties were signed, the Canadian government did not keep the promises that the Natives were entitled to. Although the treaties were signed, the lack of interest in the aboriginal communities by the government caused dissatisfaction in the native communities. The growing disappointment in government led to retaliations and rebellions.
The Indian Act was enacted in 1867 by the Parliament of Canada. The Department of Aboriginal Affairs and Northern Development administered the act. The act defines who an “Indian” is and the legal rights of the Aboriginal people in Canada. Regulation of the economic system between aboriginal people and the government of Canada is included in the Indian Act. It also includes the power the ministers have on the aboriginal people including children and disabled Aboriginals. If the laws are not obeyed, the punishment is written in the act. The Indian Act was influenced by the legislative foundation of the Royal Proclamation, 1763, which recognized Aboriginals as a distinct political unit (Residential schools). The Royal Proclamation, 1763, thought that it was their duty to protect the Aboriginal people from the Canadian society. The Royal Proclamation, 1763, had the responsibility for Aboriginal affairs in Canada with British imperial authorities. However, by the mid-1800s Britain began to transfer this responsibility to Canadian colonies. Then the Canadian authorities passed the First Indian Act. Over the years many amendments have been made to the Indian Act.The Indian act passed out a law that any children under the ages of 16 had to study at Residential schools (Residential schools), the children there were physically abused, especially girls. (Churchill, 55-56). The Indian act is significant today because on June, 11 2008, Prime Minister Stephen Harper, on behalf of the