The Indian Act In Canada

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Kayla Schwab May 1st, 2014 NDG 4M Mr. Schroeder The Indian Act The Indian Act no longer remains an undisputable aspect of the Aboriginal landscape in Canada. For years, this federal legislation (that was both controversial and invasive) governed practically all of the aspects of Aboriginal life, starting with the nature of band governance and land tenure. Most importantly, the Indian act defines qualifications of being a “status Indian,” and has been the source of Aboriginal hatred, due to the government attempting to control Aboriginals’ identities and status. This historical importance of this legislation is now being steadily forgotten. Politically speaking, Aboriginal and non-Aboriginal critics of the Indian act often have insufferable opinions of the limits of the Indian Act’s governance, and often argue to have this administrative device completely exterminated. Simultaneously, recent modern land claim settlements bypass the authority of the Indian Act over specific groups. The Indian act, since being passed by Parliament in 1876, has been quite the validity test for Aboriginal affairs occurring in Canada. Only a minority of documents in Canadian history have bred as much dismay, anger and debate compared to the Indian Act—but the legislation continues as a central element in the management of Aboriginal affairs in Canada. Aboriginal hatred against current and historic terms of the Indian Act is powerful, but Indigenous governments and politicians stand on different sides of the fence pertaining to value and/or purpose of the legislation. This is not shocking, considering the political cultures and structures of Aboriginal communities have been distorted and created by the imposition of the Indian Act. It is important... ... middle of paper ... ...ulted in widely ranged political and legal protests, including petitions to the Government and the Crown, legal challenges in defense of Aboriginal resource rights and land, and careful enforcing of the Indian Act’s regulations. The federal government often responded with harsh legislative measures to the Indian Act, such as outlawing the Potlatch (and subsequently, arresting those who publically continued to engage in cultural practices), and disallowing of hiring lawyers to pursue Aboriginal rights through court. The passage of such laws, however, did not stop Indigenous groups, and they continued to meet, organize, maintain cultural traditions, and retain respect for hereditary leaders. But, since they lived in such an oppressive society, the Canadian Government continued to have reign over their lives and their opportunities to participate in a broader society.

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