The Indian Act is a consolidation of all Canadian legislation pertaining to Indians and the lands reserved for Indians.
It is an act that not only defines who is entitled to Indian status, but also the structure of Indian government and the powers of these elected officials and the Indian/Government relationship.
Evolution of Indian Status Legislation
The first acts developed to define Indian status first appear in 1850 in legislation developed by the colonial government aimed at protecting Indian people and defining who is entitled to reside on Indian lands. Under this legislation who is entitled to Indian status is defined as:
- any person deemed to be Indian by birth or blood;
- any person reputed to belong to a particular band or body of Indians;
- any person who married an Indian or was adopted by Indians.
This broad definition is important because for the first time, the government assumed power to define who is Indian and as time passed to define the rights of Indians.
1857, marks another major change to legislation pertaining to Indian people. Commonly known as the Gradual Civilization Act, this legislation first introduces the concept of enfranchisement which Indian people could voluntarily surrender their Indian status and became full British subjects. Under this act, only Indian men could apply for enfranchisement. However, upon enfranchisement his wife and any minor children also lost their Indian status, whether they wanted to or not. This act first introduced the concept of civilization and assimilation to legislation and was seen as a means to reduce the Indian population and address the "Indian Problem".
Eventually as the Indian Act evolved, this legislation narrowed the criteria by placing emphasis upon male lineage. Under this legislation an Indian was defined as someone who:
- any male of Indian blood reputed to belong to a particular band;
- any child of such person; and
- any woman who is or who was married to such a person.
At the same time the Act not only retained enfranchisement clauses but also introduced compulsory enfranchisement for:
- Indian women when they married non-Indian men.
- any Indian who received a university degree or who became a doctor, lawyer or clergyman.
Moreover in cases where Indian men were enfranchised, wives and minor children were automatically enfranchised with them. Resulting in a loss of status and rights for themselves and future generations.
Amendments to the Indian Act.
Although the Indian act did undergo a number of revisions over the ensuing years, the clauses regarding enfranchisement remained in place until 1961 when Indians were no longer forced to give up status if they obtained higher learning. However, the sections that discriminated against women remained in place until 1985 when the Bill C-31 changed legislation regarding Indian status. Women no longer lost status upon marriage to a non-Indian, nor did non-Indian women gain status upon marriage to an Indian man. In addition, those who were forcibly enfranchised regained their status including:
- Indian women who lost status do to marriage to non-Indian men.
- children enfranchised as a result of their mothers’ marriage to non-Indians;
- persons enfranchised as a result of the double-mother provision; and
- illegitimate children of Indian women who lost their Indian status because of non-Indian paternity.
Even with these and subsequent amendments Indian Act remains an outdated piece of colonial legislation that continues allow the government to control the lives and future of Indian people.
Annette Cyr - Annette Cyr, is a graduate of First Nations University of Canada with an Honours Degree in Indian Studies. In addition to this she is also ...
