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Canada as a nation has a dismal history with respect to its relations with
Aboriginal peoples living within what came to be its borders. One of the more striking
Aboriginal peoples.
period of the Rebellion of 1885 to the 1950s; then at the roles of women in pre-contact
Iroquois society; and finally by reviewing some of the amendments to the Indian Act in
the first quarter of the twentieth century, we’ll see clearly that the intent of the Act was
Reading accounts of the forced way of life endured by these peoples, it would be
understandable if the reader were to mistaken it for an account of South Africa during the
The document the Indian Affairs Branch used as its modus operandi was the Indian Act.
The Act was that piece of legislation by which the livelihood and lifestyle of those
who came to be registered Indians in what came to be Saskatchewan was totally and
irrevocably wiped out. Indeed, for the indigenous peoples living on the prairies it was
“the final nail in the coffin”, as it were; with its passing and implementation these people
went from nomadic and/or semi-nomadic lifestyles on the open prairies - hunting, fishing
and foraging freely (Getty & Lussier 2000: 204) to a life where much of their existence,
socially/culturally and daily, was heavily regulated and supervised. They were gathered
…they were not allowed to leave without obtaining a pass from the
Indian agent (a government agent placed in authority over the reserve)
which specified the destination, purpose, and period of their travel;
they were unable to purchase or to sell stock, personal possessions or
any other commodity without the written permission of the agent; and,
they were forbidden to possess or to consume alcohol (Dyck 1980:
38).
either their economic activities or how their leadership structure would be determined. In
the cases of both, the agent would review and either grant or deny the wishes of the
people: with regards to how band moneys were spent, and who could stand as candidate
for band chiefs and councillors (Dyck 1980: 38). Again, these colonial measures were
This situation continued for the most part through to the 1950s, when
amendments came that finally started to change all this (Dyck 1980: 38).
It should be clear from the material presented that, in the case of the registered
Indians in Saskatchewan from the period of the 1880s to the 1950s, the Indian Act served
as the European colonizer’s tool for eradicating the cultures of these Aboriginal peoples.
As we shall see however, it wasn’t only in the Prairies that actions like this took place.
The Iroquois lived in the area of what would become Ontario and Quebec, and for
many centuries enjoyed a rich cultural and social heritage quite different from those of
the European settlers. Especially with respect to the role of women, the two worldviews
Here in this instance as well, the Indian Act served simply to wipe out what had been
these people’s social organization for many centuries (Jamieson 1978: 113). European
settlers, through a commission of inquiry in 1841, knew that this was the way Iroquois
society was established and operated (Jamieson 1978: 116), yet the Indian Act contained
…on the death of an Indian his goods and land rights were to be passed
to his children; the wife was excluded as her maintenance was seen as
the responsibility of the children. A council was to be elected by adult
males of each Indian settlement. If an Indian became enfranchised, his
wife and minor children were automatically enfranchised, and …an
Indian woman marrying an Indian from another band became (along
with their children) member only of the husband’s/father’s band
(Jamieson 1978: 117).
With the understanding that legislators knew of the cultural dynamics of the Iroquois, we
can see by contrasting these cultural dynamics with the provisions of the Indian Act that
the role of the latter was to eradicate the presence of the former.
How about in this past Century? As Canada came into the 20th Century, shouldn’t
we be able to start to see a change in the Indian Act? As for the first twenty five years,
the answer is a disappointing “no”. The truth is that amendments made to the Act from
Teaching the next generation in the knowledge of the ways of the past is a key factor in
the proliferation of culture. In light of this, it is worth noting that in 1920 several
regulations regarding education were incorporated into the Act. Form this time on, the
penalties, of all Indian children aged seven to fifteen (Leslie & Maguire 1978).
Reading through the amendments, we see a clause to make Indian participation in dances,
rodeos, and exhibitions subject to Agent approval (Leslie & Maguire 1978), and one
piece proposed in 1908, but not enacted, to prohibit “licentious” tribal marriage practices
Some of the amendments to the Act include particularly blunt and startling quotes
from legislators and other governmental officials. Take, for example this quote by
…after one hundred years, after being in close contact with civilization it
is enervating to the individual or to a band to continue in that state of
tutelage, when he or they are able to take their position as British citizens
or Canadian citizens, to support themselves, and stand alone. That has
been the whole purpose of Indian education and advancement since the
earliest times. One of the very earliest enactments was to provide for the
enfranchisement of the Indian. So it is written in our law that the Indian
was eventually to become enfranchised.
…Our object is to continue until there is not a single Indian in Canada that
has not been absorbed into the body politic and there is no Indian question,
and no Indian Department, that is the whole object of this Bill (Leslie &
Maguire 1978).
Or finally, this poignant remark by Conservative Senator Fowler in 1922:
Perhaps some of the most salient examples of the intent of the Act to eradicate the
Saskatchewan from 1885 to 1950, to looking at the Indian Act as it affected the social
structure of the Iroquois peoples in Ontario and Quebec, to looking at some of the areas
of amendment and the quotes and remarks of some of the government officials in the first
quarter of the Twentieth Century, it is clear that the intent of the Indian Act was the
Dyck, Noel Indian, Metis, Native: Some Implications of Spectial Status. Canadian Ethnic
Studies/Etudes Ethniques au Canada, 1980.
Getty, A. L. & Lussier, Antoine S. As Long as the Sun Shines and Water Flows: A Reader
in Canadian Native Studies. Vancouver: University of British Columbia Press,
2000.
Jamieson, Kathleen Indian Women and the Law in Canada: Citizens Minus. Ottawa:
Advisory Council on the Status of Women, 1978
Leslie, J. & Maguire, R. The Historical Development of the Indian Act. Ottawa: Indian
and Northern Affairs Canada, 1978