The Indian Act
  • The Indian Act is known as one of the most pivotal documents in Canada's Indigenous history as it played a vital role in the suppression of Indigenous rights, giving more power to the federal government in regards to Indigenous affairs.
  • The original Act was developed in 1876 but in 1985, with the passage of Bill C-31 (to remain consistent with section 15 of the Canadian Charter), the act was amended to remove the rule that denied Indian status to Indian women (and their subsequent children) if they married non-Indian man.
  • Unfortunately, while Bill C-31 reinstated status to women who lost it through marriage, sex discrimination was still not entirely eliminated from the Indian Act.
  • The Indian Act was based upon, and was an extension of four other key policies such as The Gradual Civilization Act (1857), The Indian Lands Act (1860), section 92(24) of the Constitution Act (1867), and the Gradual Enfranchisement Act (1869).
Citation

Indian Act, Statutes of Canada 1985, c. I-5. https://laws.justice.gc.ca/eng/acts/I-5/FullText.html

Further Readings

For more information on the sex discrimination within the Indian Act and Bill C-31 and Bill C-3: https://www.ictinc.ca/indian-act-and-womens-status-discrimination-via-bill-c-31-bill-c-3
& https://www.thecanadianencyclopedia.ca/en/article/women-and-the-indian-act

For more information on the history of the Indian Act: https://repolitics.com/features/the-indian-act-historical-overview/
& https://rotinonshonnionhwetkanatahere.wordpress.com/canada-an-apartheid-state/oppression/

The Indian Act Explained (youtube): https://www.youtube.com/watch?v=OhBrq7Ez-rQ

Policy Sub-Topic
Enfranchisement and Colonization (Indigenous Peoples)
Policy Type
Federal Statute

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