Indian Act Research Paper

848 Words2 Pages

Since it was passed in 1876, the Indian Act has imposed greatly on the Aboriginal people’s lives and values. Both invasive and restrictive to freedom, the Canadian federal government gets to determine who qualifies as a status Indian, while also controlling the rights of the Aboriginals in relation to practicing their culture and traditions. Following the events of World War II, Canadians became troubled by the oppression the Aboriginal people faced in their day-to-day lives. They became aware of the participation of First Nations soldiers for their nation, and amended the Indian Act in 1951 (Hanson, n.d.). Despite their numerous revisions, the country left many discriminatory policies against the Aboriginal people largely intact – contradictory …show more content…

A long-standing controversy deals with the area that determines the criteria that defines one as a status Indian or not. The Act was once excluding Aboriginal women from their rights, as a woman’s status was entirely dependant on their husband. Stated in Section 12 (1)(b) of the Indian Act, if “a woman who married a person who is not an Indian…, [they were] not entitled to be registered.” (Indian Act, 1985). This legislation was fought against by the Aboriginal women, claiming that this section of the act violated their human rights. After the Indian Act was amended in 1985, Bill C-31 was passed so that these women who lost their status would be able to regain it (Hanson, n.d.). The government’s treatment toward Aboriginal women seemed to have become more equal in comparison to the Aboriginal men. However, they could only pass their status on for one generation, and those who lost their status prior to 1951 were not given this option, verifying that discrimination is still impacting the lives of Aboriginal people today. Any children of women who married non-Indian men were not obligated by the government to their rights (Indian Act, 1985). This inequality is especially evident in comparison to non-aboriginal people. Canadian women have the freedom to marry who they please, but Aboriginal women were not offered that same right without losing their status. The same freedom should be given to all …show more content…

In 1969, Prime Minister Trudeau presented the idea of eradicating the Indian Act and the Department of Indian Affairs to achieve greater equality for the Indigenous. Despite his good intent, Trudeau failed to understand that assimilating into Western society would not achieve equality, but erase their distinct cultures. This policy was abandoned due to widespread objection by the Aboriginal peoples (Hanson, n.d.). Ensuring equality assumes that every Canadian, including the Indigenous people, get the same benefits. According to Canadian equality rights, “[E]very individual is equal before the and under the law and has the right to the equal protection and equal benefit of the law without discrimination and, in particular, without discrimination based on race, national or ethnic origin, colour, religion, sex, age, or mental or physical disability.” (Canadian Charter of Rights and Freedoms, 1982). Canadians were asked by the Angus Reid polling organization in 1991 to what degree they favoured diversity. They said they were in favour of a government policy that “promotes and ensures equality, eliminates racial discrimination in education, health care and the justice system, helps police improve services and helps new immigrants acquire the skills to integrate into the economy and society.” (Palmer & Driedger, n.d.). Despite this, the federal government’s reception of

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