The Indian Act of 1876 Part 1

The Indian Act, 1876 In 1876 the new government of Canada passed the Indian Act which changed and pulled together all previous laws concerning the Indigenous people of Canada. Notably, this act turned the Aboriginals into legal wards of the state. 


Definition: In law, a ward of the state is someone placed under the protection of a legal guardian, in this case the government. A court may take responsibility for the legal protection of an individual, usually either a child or incapacitated person.  


Question: What attitudes do you think the government held about the Indigenous people of Canada?


The Indian Act also defined what the government considered to be an "Indian".  For example:

• Any woman that married an Aboriginal man could be considered an Indian and could be allowed to live and even be buried on a reserve. These women also received other cultural and social benefits by gaining Indian status. However, any Aboriginal woman who married a white, European male was now considered to be a bona fide member of Canadian society. She lost her Indian status and every right that came with it.
  
• All "half-breed" Indians, like the Metis, were not entitled to Indian status. This included Métis who had received scrip - transferable land or cash allowances that were issued on paper certificates. (from http://www1.canadiana.org/citm/themes/aboriginals/aboriginals8_e.html)

Even Sir John A. Macdonald, the first Prime Minister of Canada, said "If they are half-breed, they are [considered by the government to be] white."


Read what Alexander Morris recommended regarding "half breeds". Click here.


Questions:  Why is the term "half breed" so offensive?  What type of thinking does it indicate the early leaders of Canada held about the Metis?
What do you think about the government defining what made one person a "status Indian" and another not?  Is this still a concern today?  What do you think?
Look at the first example given about women and their status.  Many people consider there are a number of problems with this thinking.  What would you consider the problems to be?  When would you guess this part of the Indian Act was changed?

The Indian Act also created rules about the sale of Aboriginal lands. The government could issue licenses allowing timber to be cut and removed from these properties. In other world, the Indigenous peoples were given lands to live on but did not have control over the resources on the lands.

As of 1876, there were legal punishments for Indigenous peoples who left reserves or sold liquor on reserves.  Following the 1876 Indian Act, Aboriginals who lived on reserves were forced to carry an identity card, like a passport, every time they stepped off reserve land.

The act was rewritten in 1951 and revised again in 1985. However, many provisions - including ones prohibiting Aboriginals from living on land outside of reserves or from drinking - have since been repealed or have simply fallen into disuse.

(from http://www1.canadiana.org/citm/themes/aboriginals/aboriginals8_e.html)