Indian Act in the context of "Indian reserve"

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⭐ Core Definition: Indian Act

The Indian Act (French: Loi sur les Indiens) is a Canadian Act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves. First passed in 1876 and still in force with amendments, it is the primary document that defines how the Government of Canada interacts with the 614 First Nation bands in Canada and their members. Throughout its long history, the act has been a subject of controversy and has been interpreted in different ways by both Indigenous Canadians and non-Indigenous Canadians. The legislation has been amended many times, including "over five major changes" made in 2002.

The act is very wide-ranging in scope, covering governance, land use, healthcare, education, and more on Indian reserves. Notably, the original Indian Act defines two elements that affect all Indigenous Canadians:

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👉 Indian Act in the context of Indian reserve

In Canada, an Indian reserve (French: réserve indienne) or First Nations reserve (French: réserve des premières nations) is defined by the Indian Act as a "tract of land, the legal title to which is vested in His Majesty, that has been set apart by His Majesty for the use and benefit of a band." Reserves are areas set aside for First Nations, one of the major groupings of Indigenous peoples in Canada, after a contract with the Canadian state ("the Crown"), and are not to be confused with Indigenous peoples' claims to ancestral lands under Aboriginal title.

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Indian Act in the context of Numbered Treaties

The Numbered Treaties (or Post-Confederation Treaties) are a series of eleven treaties signed between the First Nations, one of three groups of Indigenous Peoples in Canada, and the reigning monarch of Canada (Victoria, Edward VII or George V) from 1871 to 1921. These agreements were created to allow the Government of Canada to pursue settlement and resource extraction in the affected regions, which includes the entirety of modern-day Alberta, Manitoba, and Saskatchewan, as well as parts of modern-day British Columbia, Ontario, the Northwest Territories, Nunavut, and Yukon. These treaties expanded the Dominion of Canada resulting in the displacement of Indigenous populations for large tracts of land in exchange for promises made to the indigenous people of the area. These terms were dependent on individual negotiations and so specific terms differed with each treaty.

These treaties came in two waves—Numbers 1 through 7 from 1871 to 1877 and Numbers 8 through 11 from 1899 to 1921. In the first wave, the treaties were key in advancing European settlement across the Prairie regions as well as the development of the Canadian Pacific Railway. In the second wave, resource extraction was the main motive for government officials. During this time, Canada introduced the Indian Act extending its control over the First Nations to education, government and legal rights. The federal government did provide emergency relief, on condition of the Indigenous peoples moving to the Indian reserve.

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Indian Act in the context of Kashechewan First Nation

Kashechewan First Nation, locally known as Kash, is a Cree First Nation located on the northern shore of the Albany River in Northern Ontario, Canada, within territory covered by Treaty 9. The community is located on the west coast of James Bay. Kashechewan came into being when most of the Anglican families of Fort Albany on the south shore of the river moved north in 1958–1961. Kashechewan was granted its own band council under the Indian Act in 1977, though the two still share a reserve, Fort Albany 67. The population was estimated to be about 2,000 as of 2024, according to the CBC, and as of October 2024, the total population of Kashechewan and Fort Albany, which are reported together by CIRNAC, was 5,597.

The First Nation was the subject of international media attention due to the discovery of E. coli in the community's water in October 2005, which brought popular consciousness to the health, housing, and economic crises facing the community.

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Indian Act in the context of Band government

In Canada, an Indian band (French: bande indienne), First Nation band (French: bande de la Première Nation) or simply band, is the basic unit of government for those peoples subject to the Indian Act (i.e. status Indians or First Nations). Bands are typically small groups of people: the largest in the country, the Six Nations of the Grand River First Nation had 22,294 members in September 2005, and many have a membership below 100 people. Each First Nation is typically represented by a band council (French: conseil de bande) chaired by an elected chief, and sometimes also a hereditary chief. As of 2013, there were 614 bands in Canada. Membership in a band is controlled in one of two ways: for most bands, membership is obtained by becoming listed on the Indian Register maintained by the government. As of 2013, there were 253 First Nations which had their own membership criteria, so that not all status Indians are members of a band.

Bands can be united into larger regional groupings called tribal councils. A treaty council, or treaty association, has additional meaning and historically in most provinces represents signatory bands of treaty areas. British Columbia is an exception as treaties in most of the province have not been completed. There the treaty councils have been formed in order to negotiate future treaty claims. Another emerging type of organization in British Columbia is the chiefs' council, such as the St'át'timc Chiefs Council. These councils unite bands that are not included in tribal councils with those that are in tribal councils.

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Indian Act in the context of Piikani Nation

The Piikani Nation (/pɪˈ-ɪ-kə-ni/, formerly the Peigan Nation) (Blackfoot: ᑯᖾᖹ, romanized: Piikáni, Blackfoot pronunciation: [piːkʌ́ni]) is a First Nation (or an Indian band as defined by the Indian Act), representing the Indigenous people in Canada known as the Northern Piikani (Blackfoot: ᖳᑫᒪᓱᑯᖿᖹ, romanized: Aapátohsipikani, Blackfoot pronunciation: [aːpʌ́to̥xsipikʌni]) or simply the Peigan (Piikani or Pe'-e-ku-nee).

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Indian Act in the context of Canadian Indian residential school system

The Canadian Indian residential school system was a network of boarding schools for Indigenous peoples. The network was funded by the Canadian government's Department of Indian Affairs and administered by various Christian churches. The school system was created as a civilizing mission to isolate Indigenous children from the influence of their own culture and religion in order to assimilate them into the dominant Euro-Canadian culture.

The system began with laws before Confederation and was mainly active after the Indian Act was passed in 1876. Attendance at these schools became compulsory in 1894, and many schools were located far from Indigenous communities, in part to limit cultural contact. By the 1930s, about 30 percent of Indigenous children were attending residential schools. The last federally-funded residential school closed in 1997, with schools operating across most provinces and territories. Over the course of the system's more than 160-year history, around 150,000 children were placed in residential schools nationally.

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Indian Act in the context of Hereditary chiefs in Canada

Hereditary chiefs in Canada are leaders within chosen First Nations in Canada who represent different houses or clans and who, according to some interpretations of case law from the Supreme Court of Canada, have jurisdiction over territories that fall outside of band-controlled reservation land. Passed down intergenerationally, hereditary chieftaincies are rooted in traditional forms of Indigenous governance models which predate colonization. The Indian Act (1876), still in force today, imposed electoral systems to fill band council positions. Although recognized by and accountable to the Government of Canada, band chiefs do not hold the cultural authority of hereditary chiefs, who often serve as knowledge keepers responsible for the upholding of a First Nation's traditional customs, legal systems, and cultural practices.

When serving as Lieutenant Governor of British Columbia, Judith Guichon postulated that the role of hereditary chiefs mirrored that of Canada's constitutional monarch, being the representative of "sober second thought and wisdom, not the next political cycle; but, rather, enduring truths and the evolution of our nation through generations."

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Indian Act in the context of Indian Register

The Indian Register is the official record of people registered under the Indian Act in Canada, called status Indians or registered Indians. People registered under the Indian Act have rights and benefits that are not granted to other First Nations people, Inuit, or Métis, the chief benefits of which include the granting of reserves and of rights associated with them, an extended hunting season, easier access to firearms, an exemption from federal and provincial taxes on reserve, and more freedom in the management of gaming and tobacco franchises via less government interference and taxes.

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Indian Act in the context of Canadian genocide of Indigenous peoples

Throughout the history of Canada, the Canadian government, its colonial predecessors, and European settlers perpetrated systematic violence against Indigenous peoples that in contemporary times, increasingly has been described as genocide. These collective actions included instances of forced displacement, land dispossession, policies alleged to have intentionally caused starvation, physical violence, and compulsory assimilation programs. These atrocities have also been described as ethnic cleansing and crimes against humanity.

Canada is a settler-colonial nation whose initial economy relied on farming and exporting natural resources like fur, fish, and lumber. The Canadian government implemented policies such as the Indian Act, health-care segregation, residential schools and displacement that attempted assimilation of Indigenous peoples into Euro-Canadian culture while asserting control over the land and its resources. Despite current views that might define these actions as racist or genocidal, they were seen as progressive at the time. In response, a number of Indigenous communities mobilized to resist such policies.

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