The “Act to encourage the Gradual Civilization of the Indian Tribes of this Province, and to amend the Laws respecting Indians” was an Act with the goal of placing indigenous people at the same level as British North American citizens. In essence, indigenous people would have the same or similar legal rights such that all distinctions would be removed between them and British North Americans. Furthermore, this Act was supposed to grant and help indigenous people gain rights with respect to property ownership.
This Act had fifteen regulations that were applicable only to indigenous people who decided on becoming enfranchised Indians and hence, British subjects. In becoming a British subject, these individuals would lose their First Nations status. Therefore, while this Act may appear to help Indigenous people, its ultimate goal was to create new subjects for the crown and hence, remove Frist Nation’s status.
Examples of the type of regulations established in this Act are as followed: 1) The act shall apply only to individuals who are Indians, or have Indian blood, or are “intermarried with Indians.” Therefore, these individuals must be part of an Indian Tribe which resides on some land that is their own and was never “surrendered to the Crown.” Furthermore, it is only these particular individuals who are entitled to the regulations of this Act and of other Acts. 2) A commissioner will be appointed such that they are in charge of examining the Indians who want to
This enables the federal government to assume full responsibility over the entire First Nations population. In A People’s Dream Aboriginal Self-Government in Canada, by Dan Russell, 2000, he brings up issues about the federal government making policies that have direct affect on First Nations People and they have no knowledge or say of what happens regarding decision about their people[4]. The federal government has a great deal of power that will ultimately alter how First Nations are dealt with. Dan Russell discuses both the Meech Lake Accord and the Charlotte Town Accord that would have had a major impact on how “Indians” were handled he states “Canadian history and laws, since shortly after initial contact with Europeans settlers, have limited the possibilities of easily exercising Aboriginal self-government in Canada”[5]. Once the first wave of settles arrived in North America, the Dominion of Canada created the power to control how settlers and resources were handled which left them also having to deal with the original inhabitants by means isolation in reserves. To look back into history even in the earliest stages of civilization First Nations People were only “interpreters and clerks, but none at the policy-making level”[6], in order to create change they need to be where these policies are being made. In making these policies and procedures there has been little to no
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).
The Indian Act was created under the provisions section 91 of the Constitution Act of 1867 (Moss, 1990). The act was implemented to define who an “Indian” is and the rights that come with the title. These rights pertain to status, bands and reserves for
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.
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
The purpose of the Indian Act was to encourage assimilation. This was achieved by suppressing traditional ceremonies, defining who was "Indian" and who wasn 't, and moving First Nations to reserves in hopes of disconnecting First Nations ' ties with the land. The term status Indian was used to define someone who is registered according to the provisions of the act and is therefore eligible to receive specific benefits.
In 1970, the Chiefs of Alberta presented the Citizens plus, it commonly known as the Red Paper. The Red paper pointed out that the Canadian government can not abrogate the Indian Act, because the Indian Act is the link between the aboriginal people and the government of Canada, this is the evidence of Indians people have all sorts of legal rights in Canada, therefore, the Government of Canada must recognize indigenous people have special social status and rights in Canada. In addition, the only way for maintain the Indian culture and language is keep their own identity as Indian. If the Hawthorn-Tremblay Report is regarded as the “citizen plus”, then the White Paper should be defined as the “citizen minus”. The term of the “citizen plus” is
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
The first paper by Ladner and Orsini, (2003) gives a detailed account, review and analysis of the First nations governance act. The paper reflects on the act and provides arguments supporting the fact that it is an example of a gentler, subtle form of colonialism that is still in practice today. It argues that although the government has well researched the problems affecting the first nations, it has not efficiently advocated the involvement of these people in their own welfare and improvement.
The Canadian native aboriginals are the original indigenous settlers of North Canada in Canada. They are made up of the Inuit, Metis and the First nation. Through archeological evidence old crow flats seem to the earliest known settlement sites for the aboriginals. Other archeological evidence reveals the following characteristics of the Aboriginal culture: ceremonial architecture, permanent settlement, agriculture and complex social hierarchy. A number of treaties and laws have been enacted amongst the First nation and European immigrants throughout Canada. For instance the Aboriginal self-government right was a step to assimilate them in Canadian society. This allows for a chance to manage
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
From the first contact between Aboriginal Peoples and European immigrants to the present day, the aim of Canadian government policy has been to assimilate the Indigenous Peoples of Canada. The attempted forced abandonment of their culture was perpetrated through a variety of strategies including force, aggression and legalities. While historians and politicians may disagree about the motivations of Canadian policy, the impact has been irrefutable. In efforts to create one unified nation, successive governments failed to recognize their destructive actions. In this failure, Canada has come close to shattering the sub-nations and peoples who comprise them. This paper will review the government’s effort to absorb the Indigenous peoples’ culture, their refusal to assimilate, and will also identify potential strategies for future relations.
As established in the Marshall Trilogy (Johnson v. M’Intosh (1823), Cherokee Nation v. Georgia (1831), and Worcester v. Georgia (1832)), Indian tribes are “domestic dependent nations” possessing an inherent sovereign right that is only subject to Congressional plenary power due to the doctrine of discovery. The degree to which sovereignty applies varies on a tribal-specific basis, especially in the scope of tribal-state gaming compacting. In the previous section concerning historical considerations of Indian gaming, it should be noted that the sovereignty of tribes to regulate their gaming was greatly influenced by the fact that tribes did not wager in a way that threatened non-tribal parties at