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21 Things You May Not Know about the Indian Act

Posted on: September 29, 2021

The Indian Act has been a lightning rod for criticism and controversy over the years, widely attacked by First Nations people and communities for its regressive and paternalistic excesses. 

For example, Status Indians living on reserves don’t own the land they live on; assets on reserve are not subject to seizure under legal process making it extremely difficult to borrow money to purchase assets; and matrimonial property laws don’t apply to assets on reserve. 

The act has also been criticized by non-Aboriginal Peoples and politicians as being too paternalistic and creating an unjust system with excessive costs that are considered uneconomical.

The Indian Act gave Canada a coordinated approach to Indian policy rather than the pre-Confederation piece-meal approach.

“The great aim of our legislation has been to do away with the tribal system and assimilate the Indian people in all respects with the other inhabitants of the Dominion as speedily as they are fit to change,” stated John A. Macdonald, in 1887.

The Act imposed great personal and cultural tragedy on First Nations, many of which continue to affect communities, families and individuals today.

Here are 21 restrictions imposed at some point by the Indian Act in its 140 years of existence. 

The Indian Act:

  1. Denied women status
  2. Introduced residential schools
  3. Created reserves
  4. Renamed individuals with European names
  5. Restricted First Nations from leaving reserve without permission from Indian agent
  6. Enforced enfranchisement of any First Nation admitted to university
  7. Could expropriate portions of reserves for roads, railways and other public works, as well as move an entire reserve away from a municipality if it was deemed expedient
  8. Could lease out uncultivated reserve lands to non-First Nations if the new leaseholder would use it for farming or pasture
  9. Forbade First Nations from forming political organizations
  10. Prohibited anyone, First Nation or non-First Nation, from soliciting funds for First Nation legal claims without special license from the Superintendent General. (this 1927 amendment granted the government control over the ability of First Nations to pursue land claims)
  11. Prohibited the sale of alcohol to First Nations
  12. Prohibited sale of ammunition to First Nations
  13. Prohibited pool hall owners from allowing First Nations entrance
  14. Imposed the “band council” system
  15. Forbade First Nations from speaking their native language
  16. Forbade First Nations from practicing their traditional religion
  17. Forbade western First Nations from appearing in any public dance, show, exhibition, stampede or pageant wearing traditional regalia
  18. Declared potlatch and other cultural ceremonies illegal
  19. Denied First Nations the right to vote
  20. Created permit system to control First Nations ability to sell products from farms
  21. Created under the British rule for the purpose of subjugating one race —  Aboriginal Peoples

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