Indian Act
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the umbrella name for the diverse Aboriginal peoples who have collective rights that are recognized and protected in Canada's constitution. The constitution refers to First Nations as "Indians," in keeping with the name used at the time of negotiating Treaties.
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independence as a people, with a right to self-government
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an annual payment. Under the Numbered Treaties, annuities are mostly symbolic today. For example, the members of Treaty 8 each receive $5.00 per year.
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The Numbered Treaties confimied the Canadian government's
duty to protect the collective rights of First Nations. The Indian
Act was one way the government attempted to do this. Under the
act, the federal government is able to develop specific polides and
programs to administer Treaty rights to First Nations.
The act affirmed the collective rights of First Nations. It also
created officials for each reserve — "Indian Agents" — with the
power to decide individually how the government would fulfill its
duties. This meant there were many interpretations of what Treaty
rights meant on a case-by-case basis.
The Indian Act dates from 1876. At the time, Canada's
government thought it appropriate to make laws for First Nations
without consulting them. This connects to Canada's colonial past,
when people of European descent believed their cultures superior
to other cultures (ethnocentrism).
The act defines who may be registered as a "status Indian" with
Treaty rights. This means the federal government mostly controls
these decisions, not First Nations themselves. The Indian Act was
- and is — a way for the government to administer Treaty rights
to Treaty peoples.
The act originally aimed to assimilate First Nations peoples.
- It defined how First Nations peoples had to conduct their
affairs, such as band elections, although First Nations had their
own ways of governing themselves.
- At points in its history the act restricted the right of First
Nations people to travel freely to take political action, to wear
traditional dress, and to take part in traditional ceremonies.
- Until 1960, the act required First Nations people to give up
their legal identity and Treaty rights to gain the right to vote.
Pressure from First Nations has caused Canada's government to
revise the Indian Act several times. The act remains in force today.
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