The Indian Act Was Enacted In 1867 By Parliament Of Canada

From the late 1800’s to 1996 more than 100,000 aboriginal children attended residential schools in Canada. At a majority of these government operated schools there were reports of emotional, physical, sexual and spiritual abuse along with punishment for cultural activities. Residential schools were implemented to liberate aboriginal people from their savage ways in order for them to survive in the modernizing society.1 To a majority of the current Canadian population, impacts of residential schooling are a part of a distant past, disassociated from today’s events, this misconception. Long lasting impacts as a result of residential schooling include minimal education leading to poverty, stigmatization by the non-aboriginal public, abuses of aboriginal rights in areas such as land and the environment and the growing loss of Indigenous cultures in younger generations. With the continuing misconception of the history and lasting impact of residential schools conflict between Indigenous people and the Canadian Government has not ceased, but increased.

Indigenous governance is filled with legislations and amendments that began with the Royal proclamation act of 7th October 1763. Since then, there has been a massive effort to civilize the indigenous population in order to integrate them with the non-indigenous population by the government of Canada. The main purpose of such a congress is debated till date.

With the passage of the British North American Act in the 1867 and the implementation of the Indian Act in 1876, the “government was required to provide Indigenous youth with an education to integrate them into Canadian society” (Brady 1995). The first residential schools were set up in the 1880s and peaked around the 1920s. After the residential school system was established, children were stripped away from their parents and had no freedom to choose whether they wanted to attend. In these schools heavily controlled by catholic churches, children were forced to pray to whom they had no connection with and forbidden to practice their own culture. The goal was to “convert the children to Christianity and

Since the colonization of Canada First Nations people have been discriminated against and assimilated into the new culture of Canada through policies created by the government. Policies created had the intentions of improving the Aboriginal people’s standard of living and increasing their opportunities. Mainly in the past hundred years in Canadian Society, policies and government implemented actions such as; Residential schools, the Indian Act, and reserve systems have resulted in extinguishing native culture, teachings, and pride. Policies towards the treatment of Aboriginal Canadians has decreased their opportunities and standard of living because of policies specified previously (Residential schools, the Indian Act, and reservation systems).

The Indian Act was a challenge by the Canadian government to adjust the aboriginals into the Canadian culture including bring in residential schools, separating every First Nations in trying to “improve”, and practice them for standard society (Emberley, 2009). First Nations people were also not allowed to possess any land or offer the land that used to be theirs before the Indian act as this segregation put limits maintaining or even owning anything (Emberley, 2009). This lead to the point on everything being restricted for the First Nations including losing history, practicing

Congress later passed the Indian Citizenship Act in 1924 which granted citizenship to all Indians. This citizenship decree was the logical political manifestation of the assimilation program, and brought with it the expectation that Indians would be brought in line with other Americans in the areas of civil and criminal law. The Indian Citizenship Act supposedly gave Indians the privilege of voting, the obligation to perform compulsory military duty when called, and to pay taxes on off-reservation revenues. It is estimated that two-thirds of the Indians had acquired citizenship before the passage of the Indian Citizenship Act. Still, some Indian nations did not recognize the Citizenship Act because they did not feel that one sovereign nation

To reconcile the relationship between Canada and the Aboriginal community means to effectively restore peace and instil positive relations amongst the two parties. In the interest of reconciliation, the Canadian government must undo its actions against the aboriginal community and furthermore acknowledge responsibility on its part. In 1949, the Special Joint Committee of the Senate and House of Commons considered and delegated the content of the Indian Act. By 1949, the Indian act was modified to allow first nations students to be educated in public schools. The Canadian government recognized the inexcusable conditions Aboriginal youth were exposed to through residential schooling and yet failed to formally accept guilt and liability. Furthermore, bill C-31 was introduced in 1985 as an act which aimed to amend the horrific laws enforced through the Indian Act and gave. This gave the Aboriginal community hope for equality amongst non-Aboriginals within Canada. The bill aimed to reinstate Indian status to all individuals whom were forcibly stripped of their status because of the Indian act. However, the result of the bill proved it to be extremely unproductive as large numbers of women and children were still not reinstated with Aboriginal status for over thirteen years, thus failing the Aboriginal community.

The Indian Reorganization Act of 1934, also known as the Wheeler Howard Act or the IRA, had a major impact on the everyday lives of Native American Tribes that were scattered across the United states. The Indian Reorganization Act provided the means and tools for tribes to form their own governments and constitutions. The IRA stopped the general allotment act that was put into effect by the Dawes of 1887. The Indian Reorganization Act granted the Secretary of Interior a tremendous amount of power over Native American affairs ranging from land, livestock, employment, government, etc. According to the reorganization plan, after a tribe or nation voted to accept the IRA, it would draw up a constitution and bylaws, submit it to a referendum,

After the Church union in 1925 and the federal government establishing formal partnerships with the church led to a nationwide system of residential schools for First Nations children. The system already had origins in the laws enacted before Confederation, but was activated following the passing of the Indian act in 1876. In 1884 an amendment to the Indian act was implemented making it mandatory for attendance, before this, in 1874 the Canadian Government under Prime minister Alexander Mackenzie, began removing First Nations children from their families and communities and placing them into indian Residential schools. The federal government argued that because they had a responsibility for educating and caring for the First Nations people, these people would have to learn english and adopt Christianity and settler customs. A assumption that it would carry through the generations and thus, within a generation or two, First Nations cultures would disappear. Distance of residential schools from most communities was a long journey. This was due to the remote nature of most communities and the intentional reasoning to keep families apart. It was thought that families would interfere in the assimilation process. First nations

There has been lots of controversy about the Indian Residential Schools in Canada and its long term consequences. The Indian Residential Schools long lasting negative effects on the Canadian Identity and Indigenous peoples are still present today. This essay will outline the legal issues, mortality rates and poor conditions. Lasty the lasting effects from the Residential Schools present today in both the survivors, and the new generations. The conflicts between Canada’s Residential Schools and the Canadian Identity is a very problematic issue that Canadians of both Aboriginal descent and mainstream Canadians are trying to amend.

For several hundreds of years, Aboriginals have been impacted by the Indian Act in many ways. They have dealt with numerous challenges that have changed their lives forever. Laws were created by the Canadian government with the purpose of controlling Natives and assimilating them into Canadian culture.For multiple years,

In Chapter 6, Wilkins discusses how the disclaimer clauses. These clauses keep states from exercising authority on Indian land (180). They are an “important but often overlooked tool in the arsenal available to tribes to assert their own sovereignty against state threats” (177). A specific example of a disclaimer clause is Wisconsin’s territorial disclaimer of 1836 which prohibited territories or states from having any authority on Indian land (180). In Native American Church v. Navajo Tribal Council (1959) it was declared that Indian tribes actually have a higher status than states (179). This was a major victory for Indians in their fight for sovereignty. United States v. Rickert (1903) was also a win for sovereignty in that the Court prohibited South Dakota from taxing Indian land (185).After the verdict in Seminole Tribe v. Florida (1996), the balance of power between state and federal government leaned towards the states. Before this, negotiations with tribes had been conducted at the federal level and not with states (187). This was against the idea of sovereignty because now the states had more power over the tribes and could abuse that power for personal gain.

The Indian Act was an attempt by the Canadian government to assimilate the aboriginals into the Canadian society through means such as Enfranchisement, the creation of elective band councils, the banning of aboriginals seeking legal help, and through the process of providing the Superintendent General of the Indian Affairs extreme control over the aboriginals, such as allowing the Superintendent to decide who receives certain benefits, during the earlier stages of the Canadian-Indigenous' political interaction. The failure of the Indian Act though only led to more confusion regarding the interaction of Canada and the aboriginals, giving birth to the failed White Paper and the unconstitutional Bill C-31,

The Canadian government has great control of where the aboriginals are situated and what resources and services are made available to them. In 1876 the Indian act was created by the Canadian government (Indian Act). “The Indian act is a Canadian federal law that governs and matters pertaining to Indian statuses, bands, and Indian reserves”(Indian Act). A part of the Indian Act made the government give some crown land to the Aboriginals; the

Treaty benefits, health, rights to living on the reserve and property are forfeited as a result of losing Indian status. This also happens when an Indian women gets married to another Indian man. She loses her rights to her own band, and has to become a member of her husband’s band. Ultimately, if the women becomes widowed or abandoned then she loses all status of being an Indian all together. On the other hand, men can marry a non-status woman and all of his rights would be kept. With strides of equality throughout history, it takes a step back when Aboriginal women are entirely dependent of their husband. Several cases were took to court in the 1970’s, but not until 1980 is when there was a connection found between the United Nations Human Rights Committee and the Canadian Human Rights Act. With this section in direct violation of the International Covenant on Civil and Political Rights, the removal of a woman’s Indian status while marrying a non-Indian man was done and Bill C-31 was passed so victims of the Indian Act can be reimbursed. However, Bill C-31 is still under scrutiny because those who have their status reinstated to them can only pass it on for one generation. This is a violation under Section 15 of the Charter of Rights and Freedoms (Payne, 1992). The Indian Act is a controversial piece of legislation that was passed in 1876. It has been amended throughout the times, but the core concept of the Indian Act still