Indian Act of 1876
The Indian Act of 1876 is a significant piece of legislation in Canadian history, representing the federal government's initial framework governing its relationship with Indigenous peoples. This act, rooted in the policies of British colonial rule, aimed to protect Indigenous peoples while simultaneously promoting their assimilation into Euro-Canadian society, a goal that often conflicted with its protective measures. Initially applicable only to those of Indian descent, it was later extended to include Inuit individuals, further shaping the landscape of Indigenous identity in Canada.
The act established a reserve system, which intended to provide a controlled environment for Indigenous peoples to learn Euro-Canadian ways, but it also led to isolation and dependency on government agents. These agents wielded significant power over the lives of those on reserves, including the authority to withhold essential supplies. Furthermore, the act legally defined "Indian" status, allowing the government to determine who qualified, while imposing restrictive measures on religious practices and mobility. Notably, the act's enfranchisement provisions allowed individuals to surrender their Indian status in exchange for citizenship, which often resulted in the loss of rights for Indigenous women and their children.
Though the Indian Act has undergone numerous amendments, its core framework remained largely intact until significant changes occurred in 1951, reflecting the ongoing tension between Indigenous rights and government policies in Canada.
Indian Act of 1876
The Indian Act of 1876, the Canadian parliament’s first major piece of legislation setting forth the federal government’s role and responsibilities with respect to the Indians, continued nearly all of the policies established during British colonial rule. As with the British policy, the dual features of the legislation were the protection of the Indians and their eventual assimilation into Canadian society. Ironically, these goals worked at cross purposes. Paternalistic efforts to protect the Indians emphasized the distinctions between Indians and Euro-Canadians and therefore actually discouraged assimilation. This legislation first applied only to Canadians of Indian descent. It was later extended to include the Inuit as well.
The act established a series of reserved lands, which were to be laboratories for training the Indians in the ways of white people, and established elected band councils whose powers were minimal. The reserves, administered by a government agent, were exempt from taxation, and those living on a reserve had access to food and supplies in the form of disaster rations. While the reserves were intended to protect the supposedly naïve Indians from the unscrupulous practices of outsiders, they isolated Indians from most Euro-Canadians and subjected them to the sometimes unscrupulous practices of the all-powerful Indian agents. These agents had control over social, political, and economic activities on the reserves. They also had the ability to withhold rations from those who did not adhere to their dictatorial policies.
Numerous abuses occurred. For several decades Indians on the prairies were forbidden to leave their reserve without a pass from the agent. They were further prohibited from staying overnight on a reserve other than their own, and in many cases non-Indians (including non-Status Indians) were forbidden to reside on reserves. Subsequent amendments to the Indian Act banned native religious activities such as the Sun Dance and potlatch and made it illegal for Indians to solicit contributions in order to pursue land claims.
The act codified the category “Indian” as a legal rather than racial or cultural designation and gave the government the legal power to determine who qualified as an Indian. It further provided for the enfranchisement of individuals, wherein a man could surrender Indian status for himself, his wife, and his children in exchange for Canadian citizenship and a plot of land. Women who married non-Indians, including non-status Indians, lost their own Indian status and benefits. Their children were also precluded from claiming Indian status. Non-Indian women who married Status Indians became Status Indians themselves. Enfranchisement could also be imposed upon Indians who earned a college degree or entered a profession such as minister, teacher, lawyer, or doctor. Though amended many times, the Indian Act was not significantly revised until 1951.
Bibliography
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Borrows, John. Canada’s Indigenous Constitution. Toronto: U of Toronto P, 2010. eBook Collection (EBSCOhost). Web. 29 Apr. 2015.
Flanagan, Thomas, Christopher Alcantara, and André Le Dressay. Beyond the Indian Act: Restoring Aboriginal Property Rights. Montréal: MQUP, 2010. eBook Collection (EBSCOhost). Web. 29 Apr. 2015.
Fullerton-Owl, David. “Titanic Canada: The Indian Act, 1876.” Windspeaker 24.11 (2007): 13. Academic Search Complete. Web. 29 Apr. 2015.
Manzano-Munguía, Maria C. “Indian Policy and Legislation: Aboriginal Identity Survival in Canada.” Studies in Ethnicity & Nationalism 11.3 (2011): 404–426. Academic Search Complete. Web. 29 Apr. 2015.
Wakeham, Pauline, and Jennifer Henderson. Reconciling Canada: Critical Perspectives on the Culture of Redress. Toronto: U of Toronto P, 2013. eBook Collection (EBSCOhost). Web. 29 Apr. 2015.