Remedies And The Contemporary Situation Of Self Determination

Under the Indian Act, an Indian woman who married a non-Indian man would lose her status. The woman would no longer be a member of her own original band and become a member of her husband’s. Her status would legally depend on her husband’s. Whether marrying an Indian man or non-Indian man, a woman may be separated from her heritage, as well as her own family and community. The Lovelace vs. Canada case regarding Bill C-31 was a defining moment in history, which brought fundamental rights to all indigenous women in Canada.

Aboriginal persons in Canada have been facing oppression ever since colonization began. Even when Canada gained independence from the British Empire, the oppression continued and still goes on today. One major contributing factor to the oppression of Aboriginal people in Canada is the actions taken by the Government. The Government of Canada has in fact mistreated and found to be partaking in wrongdoing when dealing with the Aboriginal population in this country. With this ugly truth being revealed, the Truth and Reconciliation Commission had to be tasked with discovering and revealing past wrongdoing by a government in the hope of resolving conflict left over from the past. (cite)

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).

Treaty benefits, health, rights to living on the reserve and property are forfeited as a result of losing Indian status. This also happens when an Indian women gets married to another Indian man. She loses her rights to her own band, and has to become a member of her husband’s band. Ultimately, if the women becomes widowed or abandoned then she loses all status of being an Indian all together. On the other hand, men can marry a non-status woman and all of his rights would be kept. With strides of equality throughout history, it takes a step back when Aboriginal women are entirely dependent of their husband. Several cases were took to court in the 1970’s, but not until 1980 is when there was a connection found between the United Nations Human Rights Committee and the Canadian Human Rights Act. With this section in direct violation of the International Covenant on Civil and Political Rights, the removal of a woman’s Indian status while marrying a non-Indian man was done and Bill C-31 was passed so victims of the Indian Act can be reimbursed. However, Bill C-31 is still under scrutiny because those who have their status reinstated to them can only pass it on for one generation. This is a violation under Section 15 of the Charter of Rights and Freedoms (Payne, 1992). The Indian Act is a controversial piece of legislation that was passed in 1876. It has been amended throughout the times, but the core concept of the Indian Act still

Canada ­as a nation is known to the world for being loving, courteous, and typically very welcoming of all ethnicities. Nevertheless, the treatment of Canada’s Indigenous population over the past decades, appears to suggest otherwise. Indigenous people have been tormented and oppressed by the Canadian society for hundreds of years and remain to live under discrimination resulting in cultural brutality. This, and more, has caused severe negative cultural consequences, psychological and sociological effects. The history of the seclusion of Indigenous people has played a prominent aspect in the development and impact of how Indigenous people are treated and perceived in today’s society. Unfortunately, our history with respect to the treatment of Indigenous communities is not something in which we should take pride in. The Indian Act of 1876 is an excellent model of how the behavior of racial and cultural superiority attributed to the destruction of Indigenous culture and beliefs. The Indian Act established by the Canadian government is a policy of Aboriginal assimilation which compels Indigenous parents under threat of prosecution to integrate their children into Residential Schools. As a nation, we are reminded by past actions that has prompted the weakening of the identity of Indigenous peoples. Residential schools has also contributed to the annihilation of Indigenous culture which was to kill the Indian in the child by isolating them from the influence of their parents and

The Indian Act was an attempt by the Canadian government to assimilate the aboriginals into the Canadian society through means such as Enfranchisement, the creation of elective band councils, the banning of aboriginals seeking legal help, and through the process of providing the Superintendent General of the Indian Affairs extreme control over the aboriginals, such as allowing the Superintendent to decide who receives certain benefits, during the earlier stages of the Canadian-Indigenous' political interaction. The failure of the Indian Act though only led to more confusion regarding the interaction of Canada and the aboriginals, giving birth to the failed White Paper and the unconstitutional Bill C-31,

According to the Indian Act (1876), we determined someone’s status by one’s parentage of blood quantum to know how much Indian were they? A First Nations woman, who married with white man, lost her entitlements as Indian, so did her children. However, regardless of race or ethnicity, if another raced woman married a First Nations man, she gained “status” under the terms of the Indian Act. I feel that was completely unfair, and obviously discriminatory, that horrific situation continued until 1985.

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

Two sections of the Indian Act are particularly discriminatory against Indigenous women. Section 12(1)(b) of the Indian Act states that women who marry outside of their band were to lose status, seize association with their own community, they lose ownership over any property located on the reserve and any property inherited that is located on the reserve land (Lawrence 2004: Jamieson 1978). These women would also lose access to any rights they had with status, including taking part in any band business or voting (Lawrence 2004: Jamieson 1978). Any children born to a woman who married outside her community would not be granted status or considered “Indian” in the eyes of the government and this woman and her children may be prohibited from returning to live with her family regardless of illness, need, divorce, death of her husband or separation (Jamieson 1978). Finally, through this section of the Indian act, upon marriage of an “outsider” an Indigenous woman loses her right to be buried on her reserve land with her ancestors (Jamieson 1978). Section 12(1)(a)(iv) also known as the “double mother clause” states that an “Indian born of a marriage entered into after September 4th, 1952 lost entitlement to registration at the age of 21 years if his/her mother and paternal grandmother were not entitled to registration as Indians before marriages” (Sterritt 2007).

The Canadian government enacted an Indian Act in 1876 which outlines their approach towards the elimination of the Aboriginal government, land, religion, and so on. This policy’s central goal was to assimilate the entire aboriginal population into Canadian civilization. The act described how to categorize one as an Indian, how one could lose their Indian status, the abolition of Native traditions and practices, and much more. Through residential schooling, which was administered through the Indian Act, the country was able to force allegiance in mass volumes. The word ‘residential schools’ refers to a schooling system which intends to enforce Euro-Canadian values into Aboriginal youth. After many years of agonizing discrimination and

all who reside on the reserves. It was then that the distinction between Status Indians and

First Nation Peoples within Canada have been facing many injustices in their homeland since the dawn of colonization. The most unraveling point to First Nation assimilation was the formation of the consequential Indian Act and residential schools resulting in a stir of adversity. As racist ideologies within Canada developed, upheaval against such treatment was undertaken as First Nation communities fought back against government land claims and eradication of treaty rights. In attempt to make amends, proper compensations from the injustices within residential schools have been released and the key for the future is allowing First Nation self-government. Ideals with the intent of ultimate assimilation have been standardized unto First Nation

Throughout the 1950’s and 1960’s Canada achieves it’s ‘just society” by developing equal and fair rights through collective rights for some of its most affected groups. Canada achieved its goal in becoming a just society by amending the collective rights of the Aboriginals. Since Confederation the Federal

The court system has a major impact on Indigenous people and Indigenous law. Indigenous law is controlled by the rulings of the government and sets an example of government’s the priority and interest of Indigenous issues. This case resulted in major conflict between Indigenous and non-Indigenous people in Canada. Racial tension within Canada grew and it drew a line between Indigenous people and European people as well as the court. Colton Boushie’s case is an example of how society reacts to the court and racism within Canada.