The Indian Act and Its Effect on Modern Society

The Aborigines Protection Act 1909 (NSW) was a law that changed Indigenous Australian lives forever. The act enabled the New South Wales Board for the Protection of Aborigines to essentially control the lives of Aboriginal people. It was the Aborigines Protection Act 1909 (NSW) that had major provisions that resulted in the containment and suffering that Aboriginal people endured. This suffering included the practice of forcible removing Indigenous children from their families. These major provisions help us understand what the Aborigines Protection Act 1909 (NSW) involved and the impact it has had on the daily lives and cultures of Indigenous Australian peoples today.

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 time of federation the Aboriginal people have been fighting for their rights through protests, strikes and the notorious ‘day of mourning’. However, over the last century the Australian federal government has generated policies which manage and restrained that of the Aboriginal people’s rights, citizenships and general protection. The Australian government policy that has had the most significant impact on indigenous Australians is the assimilation policy. The reasons behind this include the influences that the stolen generation has had on the indigenous Australians, their relegated rights and their entitlement to vote and the impact that the policy has had on the indigenous people of Australia.

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,

For the last 200 years Indigenous people have been victims of discrimination, prejudice and disadvantage. Poor education, poor living conditions and general poverty are still overwhelming issues for a large percentage of our people and we remain ‘as a group, the most poverty stricken sector of the working class’ in Australia (Cuthoys 1983).

Thesis: The Indian Act effectively required Aboriginals to give up large amounts of land and rights followed by moving onto reserves. It negatively changed the lives of many Indian men and women who married non-status Aboriginals and harshly withdrew Aboriginal children from their families and put them into residential schools for the purposes assimilation. The Indian Act was known for creating an atrocious life for Indians.

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).

As time went on and European and eventually American influence spread across the country, Tribes began to feel their sovereignty threatned as they could no longer deal with wrongdoers on their land the same way they did in the past. The Federal Government began intrude onto Indian Land. In 1817 the U.S passed the General Crimes Act1, whcih gave the Federal Government jurisdiction in Indian Country when a crime was commited if either the victim or derfendent was a non-Native. Then, in 1885, the U.S passed the Major Crimes Act2 which gave the Federal Government jurisdiction in Indian Country over major crimes, such as murder, when the defendent was a Native.

This meant that all matters that had to be discussed had to be approved by the government appointed Indian agent before a chief and council could address the matter. Once matters were discussed any resolution had to be agreed upon by the appropriate federal minister before being enacted. When people attempted to address grievances or complaints they had with the government and the Indian Act System, new laws were passed to stop them from organizing and effectively dealing with the issues brought to their attention.

The Indians were ridiculed and manipulated because of many different bills passed in the 1800’s and their land was decreasing in size and amount of food sources and land. The effects of the Indian Removal Act, Westward expansion, and the Dawes Act on the Native Americans in the 1800’s were abundant.

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

Different laws like the Indian Act and other treaties played an outstanding role in shaping Aboriginal relationship in Canada. The Indian Act led to a huge conflict of interest following its effect on the Indians living in Canada during its implementation. The Indian Act was a mechanism that strengthened the eviction of Indians ad also a means of displacing Indians from their tribal lands. On the onset of the 19th Century, land hungry Canadian settlers clustered in the coastal south of Canada and slowly moved into the neighboring states. Since most of the tribes occupying that area were the Indians, the Canadian settlers petitioned the Canadian government to remove them as they perceived them as an obstacle to expansion towards the west. The rationale for the Indian Act was that the southeast Indian tribes had no attachment to any particular land. However, this rationale ignored the fact the Indian tribes had vast crops of corn and lived in settlements.

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