Lecture 5 Flashcards
(30 cards)
Where was the origins of the Indian act
Origins in the Bagot Report of 1844 (report on the affairs of the Indians in Canada)
Bagot Report year
1844
Bagot report other name
(Report on the affairs of the Indians in Canada)
Bagot report contents
- Recommended control over Indian matters be centralized
- that children be separated from their parents, communities, and culture
- that Indians be encouraged to assume European concepts of free enterprise
- that land be owned under an Indian land registry system
British North America Act
Year
1867
British North America Act
Aka
Constitution act
British North America Act, 1867
(Now known as constitution act, 1867)
Contents
- Section 91(24)- gave the federal government exclusive jurisdiction over “Indians and lands reserved for Indians)
- This put Canada in a conflict of interest as a treaty negotiator and signatory
Indian Act year
1876
Is the Indian act still enforced
Yes with amendments
Indian act defines
- Relationship between government of Canada and indigenous people in Canada
- Wide ranging scope, including governance, land use, health care, education
- establishes how reserves and First Nation bands operate
- defines who is recognized as an “Indian” and has “Indian Status”
Which act established the elected chief and band council system
How much power and over what did chiefs and councils have
Indian act
Given limited power over land, resources, and finance
How old did men have to be at first to vote Indian Act
Over 23
When could women vote and what allowed it
Indian act amendments of 1951
According to Indian act who had power to dispose a chief
Department of Indian Affairs only
Status Indian defined by Indian act 1876
a) any male person of Indian Blood reported to belong to a particular band
b) any child of such a person
c) Any woman who is or was lawfully married to such a person
Definition of Status Indian in 1951
A person who pursuant to the Act is registered as an Indian
From 1869-1985, the Indian act denied status to women if:
- a woman married a person without Indian status, she lost Indian status. Any children resulting wouldn’t be status
- if a woman married someone with status from another band they lost their original band membership. Children can only be members of the fathers band
Bill C-31 in 1985
Sought to remover discrimination against women by allowing women to have status reinstated
But in fact perpetuated by not allowing women to pass on Indian status to their children’s children
Bill C-3 in 2010 was supposed to fix these issues, but continues to deny status to grandchildren born before 1951
1742 observation about women in Iroquois- speaking nations
Women superior:
- they maintain tribe
- in them resides all real authority (lands, fields, and all their harvest belong to them)
- soul of councils, arbiter of peace and war
- arrange marriages
- children are under their authority
- order of succession founded in their blood
Reserves defined by Indian act
Created reserves as land set aside for the exclusive use of an Indian band
Reserves true purpose
- in reality, reserves were a means of containing and controlling indigenous populations, while european settlers had full access to fish and game, water, timber, and mineral resources
- reserves were either a portion of indigenous ppls traditional land or they were tracts of land that were far away from traditional lands. Either way land was lost
Indian Act defined “a person” as
“An individual other than an Indian”
When were status Indians recognized as people by Canadian laws
Not until Indian act was revised in 1951
Voluntary Enfranchisement
Renounce Indian status
