The Indian Act of 1876 Part 2

The Indian Act is a legal document and a set of laws that was passed by the Canadian government in 1876 that is still enforced today. This set of laws gave the government total control over the lives of the Indigenous people of Canada - it made Indigenous people wards of the state.
 

Historically, the British government had taken control over the Indigenous people.  Once Canada became a country, the responsibility was then passed on to the Canadian government.  Once the fur trade ended the Indigenous people had no role to play in settlement.  In fact, they were seen as a barrier to the government plans to the settlement of Western Canada.   The government referred to this as the "Indian Problem".

The government's response to this "problem" was to create the Indian Act.  The objectives to the Indian Act were to have control over the Indigenous people and to assimilate the Indigenous people into the dominant white culture.  In order to do this, the Indian Act gave the government complete control over Aboriginal politics, culture, education, and personal lives.  Indigenous peoples were not allowed to leave reserves, not allowed to own land, or not allowed to do business.  Also, the government decided who would be a "status Indian" and who would not.  Children were removed from families and placed into residential schools.  Financial control of Indigenous peoples were given to the federal government.  Aboriginal people were not given the vote until 1960.  The potlatch was banned in the 1880s and the sundance was banned until 1951.  It also banned fundraising for land claims support from 1921 - 1958.  The government established control over wills and burials.  All farming and trading businesses were controlled by the government.  Also, the government hired Indian agents to enforce the Indian Act.

While there are many negative aspects to the Indian Act, there are some positive aspects too.  The Indian Act is the only government document that exists that recognizes Aboriginal peoples.  Without the Indian Act, Indigenous people would not have any special status in terms of health services, education, subsidized housing, and exemptions from certain taxes.

Some amendments to the Indian Act have been made in either 1951 or 1985 including lifting the ban on ceremonies and fundraising, returning status to certain non status Aboriginal women and their children.  In spite of the amendments, much of the control of the Indigenous peoples remains with the government through the Indian Act.

(From Shared Learnings: Integrating BC Aboriginal Content K-10)

Using the pages "The Indian Act Part 1 & 2", fill out the handout "The Indian Act : An Introduction".