Indian Act of 1985
The Indian Act of 1985 is a significant piece of legislation in Canada that aims to standardize laws affecting Aboriginal Canadians across various provinces, addressing the complexities and inconsistencies of previous local regulations. This act builds upon earlier versions from 1927 and 1951, while introducing provisions that reflect contemporary societal conditions. Key aspects of the Act include the formal recognition of Indigenous reserves, the establishment of band councils, and the creation of an Indian Register to document membership and land rights.
For the first time, the Act grants band councils the authority to allocate specific reserve lands to individuals, with the requirement that ownership be certified by the Superintendent General of Indian Affairs. It also clarifies the responsibilities of band councils in maintaining infrastructure and managing revenue from resources. Furthermore, the Act details educational provisions, ensuring equal access to schools for all Indigenous children, and establishes tax-exempt status for certain assets within reserve lands. By addressing both individual and collective rights, the Indian Act of 1985 seeks to enhance the governance and welfare of Indigenous communities, while also outlining the role of the federal government in safeguarding these interests.
Indian Act of 1985
Because of the confusion created by a diversity of local laws in different provinces under the federal government in Canada, legislators have created certain acts that cannot vary according to locality. Such is the case of the Indian Act of 1985. In effect a compendium of earlier acts (of 1927 and 1951), it also added new laws more in keeping with contemporary conditions.
The main divisions of the act provide for the designation of reserves (land vested in Her Majesty’s Crown, but “reserved for Indian use”), establishment of band councils and election of band leaders, and a comprehensive Indian Register. By the act, the sole authority of the band council to assign possession of specific reserve lands to individuals is recognized for the first time. This right of possession must be recognized by the Superintendent General of Indian Affairs, who issues a Certificate of Possession. Possessors may transfer their land rights, but only to other members within their band, or back to the band council itself.
Provisions respecting the security of reserves against government expropriation ended misunderstandings that had developed over many years. With the right of security went defined areas of band responsibility (to maintain roads, bridges, and so on) which, if unfulfilled, could lead to government charges against band councils. Common responsibility between councils and government for revenues accruing to bands (through royalties or sale of Indian produced goods) is spelled out, including the government right to use such funds to assure proper sanitary facilities and disease control.
One use of government funds on reserves reflects benevolent subsidies under the 1985 act. Schools are to be provided to all bands on an equal basis, and attendance up to a minimum age is required of all Indian children. Provisions for tax-exempt status (lands, personal property, or salaries earned in reserve areas) and taxable income earned from contacts beyond the reserves are meant to protect both Indian and government interests.
The act contains brief mention of individual rights. There is a right of testamentary wills for family security. Otherwise, where individual Indian rights might be jeopardized owing to band council inaction, government intervention is allowed (mainly to aid orphans or the mentally handicapped).
Bibliography
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.
Jay, Makarenko. “The Indian Act: Historical Overview.” Maple Leaf Web 13 Mar. 2009: NewsBank. 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.
Peach, Ian. “Section 15 of the Canadian Charter of Rights and Freedoms and the Future of Federal Regulation of Indian Status.” U of British Columbia Law Rev. 45.1 (2012): 103. Print.
Sanderson, Douglas. “Overlapping Consensus, Legislative Reform, and the Indian Act.” Queen’s Law Journal 2 (2014): 511. Print.