Search for "Indian Act"

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Reserves

In 2016, 744,855 people identified as First Nations with Indian Status, 44.2 per cent of which lived on reserves. Reserves are governed by the Indian Act, and residence on a reserve is governed by band councils as well as the federal government. Under the Indian Act, reserves that serve as residences are referred to as Indian Bands. Many reserves or bands are now referred to as First Nations. Reserves may serve as spiritual and physical homelands for their people, but they are also tangible representations of colonial governance. As such they are often the focal point of activism relating to land claims, resource management, cultural appropriation, socio-economic conditions, self-governance and cultural self-determination.

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Bill S-3

The remaining part of Bill S-3 came into effect. Bill S-3 was created in response to the Descheneaux case (2015), which was about gender discrimination in the Indian Act. The first part of the bill came into effect on 22 December 2017. Among other provisions, the amendment enables more people to pass down Indian Status to their descendants. It also reinstates status to those who lost it before 1985, and it restores status to women and their offspring who lost status before 1951 (known as the “1951 Cut-off”). According to the government, “All known sex-based inequities in the Indian Act have now been addressed.”

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Indigenous Peoples and Government Policy in Canada

For most of the history of political interaction between Indigenous people and the Canadian government (and its colonial predecessors) government policy has focused on First Nations. The Inuit were barely acknowledged until the 1940s, while special responsibility for Métis and Non-Status Indians was largely denied until 2016. The early history of Indigenous policy in Canada is characterized by the presence of both France and Britain as colonizing powers. British colonial policy acknowledged Indigenous peoples as sovereign nations. Post-Confederation Canadian Indigenous policy, until the 1960s, was based on a model of assimilation, with one of its main instruments being the Indian Act. Since the late 1960s, government policy has gradually shifted to a goal of self-determination for Indigenous peoples, to be achieved through modern-day treaties and self-government agreements.

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Indian Act

The Indian Act is introduced. The Act aims to eradicate First Nations culture in favour of assimilation into Euro-Canadian society. The Act also reinforces that Status Indians must voluntarily give up status and treaty rights to vote federally. Status Indian women are barred from voting in band council elections.

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Rights of Indigenous Peoples in Canada

It is difficult to generalize about definitions of Indigenous rights because of the diversity among First Nations, Métis and Inuit peoples in Canada. Broadly speaking, however, Indigenous rights are inherent, collective rights that flow from the original occupation of the land that is now Canada, and from social orders created before the arrival of Europeans to North America. For many, the concept of Indigenous rights can be summed up as the right to independence through self-determination regarding governance, land, resources and culture.

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McIvor Case

The McIvor v. Canada case was about gender discrimination in section 6 of the 1985 Indian Act, which deals with Indian status. Sharon McIvor — a woman who regained status rights after the passing of Bill C-31 in 1985 — was not able to pass on those rights to her descendants in the same way that a man with status could. In her case against the federal government, the British Columbia Supreme Court ruled in 2007 that section 6 did, in fact, deny McIvor’s equality rights under the Canadian Charter of Rights and Freedoms. In response to this case, the federal government introduced new legislation (Bill C-3) in 2011 to counter gender discrimination in the Indian Act.

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Treaty 3

On 3 October 1873, some Saulteaux peoples (an Ojibwe people) and the Government of Canada signed Treaty 3, also known as the North-West Angle Treaty. This agreement provided the federal government access to Saulteaux lands in present-day northwestern Ontario and eastern  Manitoba in exchange for various goods and Indigenous rights to hunting, fishing and natural resources on reserve lands. The terms and text of Treaty 3 set precedents for the eight Numbered Treaties that followed. (See also Treaties with Indigenous Peoples in Canada.)

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Enfranchisement (Plain-Language Summary)

Throughout much of Canadian history, a First Nations person would lose their Indian status if they were enfranchised. An enfranchised person is someone who has the right to vote in elections. A First Nations person who is deemed a Status Indian has certain rights and benefits granted to them through the Indian Act.

(This article is a plain-language summary of Enfranchisement. If you are interested in reading about this topic in more depth, please see our full-length entry Enfranchisement).

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Native People's Caravan

The Native People’s Caravan was a cross-country mobile protest that took place in 1974. Its main purpose was to raise awareness about the poor living conditions and discrimination experienced by Indigenous peoples in Canada. It travelled from Vancouver to Ottawa, where the subsequent occupation of a vacant warehouse on Victoria Island, near Parliament Hill, extended into 1975. The caravan brought various Indigenous groups together in protest of broken treaties, as well as a lack of government-supported education, housing and health care. As a result, meetings between Cabinet ministers and Indigenous leaders became more frequent. The protest is remembered as an important turning point in Indigenous activism in Canada.

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Residential Schools Podcast Series

Residential Schools is a three-part podcast series created by Historica Canada and hosted by Shaneen Robinson-Desjarlais. It aims to commemorate the history and legacy of residential schools, and honour the stories of First Nations, Métis, and Inuit Survivors, their families, and communities. The series is part of a larger awareness campaign created by Historica Canada and funded by the Government of Canada. Along with the podcast, Historica also offers a video series, an education guide, and several new entries on The Canadian Encyclopedia about the history and legacy of residential schools.

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Human Rights

Human rights are rights that we all have by virtue of our shared humanity. Depending on the nature of the right, both individuals and groups can assert human rights. Human rights as we understand them today are a relatively modern concept. All human rights are indivisible, interrelated and interdependent. None has automatic precedence over any other. The realization of human rights is a constant struggle on the part of people who suffer injustices and who seek redress. Human rights are an important part of the social fabric of Canadian society. Canadians have also played a role in the evolution of human rights on the international stage.