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Examples Of Injustice In The Indian Act

903 Words4 Pages

Tony Ruan
Tobias Kenny
NBE301
June 10, 2023
The Canadian Government's Injustice through the legal system against Indigenous communities In the ongoing struggle for justice and equality, the broken promises and discriminatory actions of the Canadian government against Indigenous peoples reveal a dark truth - a pattern of betrayal that perpetuates systemic injustice and displaces FNMI (First Nations, Métis, and Inuit Initiatives) communities from their rightful place in society. The Canadian government has consistently demonstrated a pattern of signing legal contracts with Aboriginal peoples, only to undermine the agreements later, disregard their terms, or impose restrictive measures. These restrictive measures are evident in various instances, …show more content…

The Indian Act has eroded Indigenous cultures, exerted control, and imposed restrictions upon them. The Canadian government compelled Indigenous people to sign the agreement, despite their incomplete understanding of its implications. The Indian Act has changed over the centuries. The initial modification in 1880 aimed to assimilate Indigenous people into Euro-Canadian culture, and further amendments were made to prohibit traditional ceremonies like the potlatch. This addition faced strong opposition from Indigenous communities, who continued to practice the ritual despite the ban. It took the Canadian government a century to lift the prohibition on cultural practices. The Indian Act also played a significant role in the detrimental aftereffects of the Residential Schools. Due to the provision within the Indian Act, Indigenous students of a certain age must attend Residential Schools. This legal mandate facilitated the government's separation of Indigenous children from their families. Removing them against their will caused significant consequences; they were placed in unfamiliar environments, severing family bonds and disconnecting them from their identities' cultural and spiritual …show more content…

A prominent example is seen in the Royal Proclamation of 1763, which was meant to recognize Indigenous rights and protect their lands. Despite these intentions, however, shortcomings exist on behalf of the government regarding how it has fulfilled treaty obligations such as these over time. Although the proclamation acknowledged Indigenous territories and mandated negotiations for land cessions, many settlers persisted in seizing Indigenous lands without consent or agreements. Due to inadequate enforcement by the government, these encroachments flourished and often resulted in egregious violations against Indigenous rights and properties. The authority's neglect of the Royal Proclamation has been an underlying factor contributing to widespread legal injustices suffered by Indigenous peoples. The disregard shown towards treaties and agreements formed under the proclamation's guidance has created conflicts between different parties, resulting in continuous legal disputes surrounding Indigenous land rights and

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Treaties in Canada have always been an integral part of the history of settlement, used to define the rights of the Aboriginal peoples of this land and the right of the Canadian government to use those aforementioned lands. However, a number of arrangements between the government and the First Nations peoples they negotiated with often seemed one-sided and unfairly biased towards the former whilst subjugating the latter. Most prominent among these were the 11 Numbered Treaties, a series of contracts made between the Aboriginal peoples of the Prairies and the newly established Government of the Dominion of Canada. Although it might not seem like it now, both sides had many reasons that influenced their decisions to sign, for they all wanted the best possible deal for their futures. The Government of Canada thought that that was the ownership of the vast majority

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Overall, this negotiation process reflected the complicated and dynamic relationships between the Crown and Indigenous peoples in Canada, and the ongoing challenges of reconciling the desires and interests of Indigenous peoples. The result of Treaty 6 is considered by many, including myself, to be unfair to Indigenous peoples. From the Indigenous perspective, Treaty 6 was not fair as it resulted in the loss of their traditional lands and way of life, as well as the loss of their culture and sovereignty. The Treaty was imposed on the Indigenous peoples without adequate consultation or compensation, and its provisions were often not honoured by the Crown. They also experienced many other negative impacts as a result of the Treaty, including the displacement from their traditional lands, the reduction of their hunting and fishing rights, and the erosion of their communities.

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He considered the Indian culture as a natural practice of noble virtues of humanity which should be preserved and protected from western influence. The Indian Reorganization Act was passed in order to correct the mistakes made by the Dawes General Allotment Act, with new policies such as Federal scholarships

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Canada has mistreated its Indigenous people for centuries. The Indian Act (1876) is just one of many ways the government forced their colonial ways of life onto the Indigenous people already living here. It was extremely sexist and gave the Indigenous people very little rights. Bill C-31: The Act to Amend the Indian Act, also known as the new Indian Act, was introduced in April of 1985 by the Canadian government to address the issues regarding discrimination within the Indian Act. The government created this bill with the intention to emphasize equality and give Indigenous communities more self-governing rights.

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This paper will give an overview of the act and how it impacted the Indigenous community into becoming

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Indigenous Foundations states, "The Indian Act is a part of a long history of assimilation policies that intended to terminate the cultural, social, economic, and political distinctiveness of Aboriginal peoples by absorbing them into mainstream Canadian

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The crisis highlighted the ongoing struggle for Indigenous rights and land sovereignty, as well as the need for timely and just resolutions to land disputes. The aftermath of the crisis saw some measures taken to address the land issue. The federal government agreed to purchase the Pines, preventing

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“The Indian Act was (and many would say, continues to be) a discriminatory piece of legislation”, this quote from (Government of Canada, Department of Justice, 2023), shows how the Indian Act to this day is still very discriminatory, and still affects Indigenous communities today, the name “Indian” was a derogatory term used when creating this act who is still used today, proving the discrimination they still face today through government. Going back to the discrimination through the justice system, an example, many Indigenous people go through something called “systemic discrimination”, which is Indigenous overrepresentation in the Canadian Justice system, the cause of this among many other things is the Indian Act, Indigenous people are more likely to be policed aggressively, brought before the court and detained more than non-indigenous individuals, These are all due to failed attempts to amend certain parts of the Indian Act, which still portrays superiority over Indigenous communities, such as limitations in granting Indian status, the discrimination and stereotypes that were shown during the now affect them through justice systems, “Systemic discrimination, and negative stereotypes result in more indigenous people being arrested, charged, and entering the criminal justice system”, this quote from, (Government of

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Institutional and historical analysis often portray the motives of governments, especially in the cases of Quebec separatism and Aboriginal mistreatment. History describes attempts at compromise to rectify the problems by altering political institutions to provide more autonomy to the provinces, witness in various accords and the methods described previously. However, in regards to Aboriginals a historical relationship of exploitation and eradication sheds on the systemic issues that Aboriginals cope with and the institutions that caused them. As scholars of Canadian politics, it is important to consider historical and institutional analyses when looking at any issue, as it reveals the underlying motives of actors in regards to the cleavages that comprise a state.

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Many churches have as well, including the Anglican Church of Canada, stating, “I accept and I confess before God and you, our failures in the residential schools. We failed you. We failed to do so ourselves. We failed God” (1993). The totality of the Indian Act has done inerasable damage to Indigenous Peoples as a whole, although it has been amended multiple times, it does not change the racist origins behind it and the trauma it has caused.

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The Indian Act of 1876 and impart the events that followed are the chief causes of the modern day truth and reconciliation commission. The origins of the Indian act was brought further into consideration predominantly by the influential Roman-Catholic church of Canada and the Anglican Church of Canada. Soon after the push for the Indian Act from the church the act was made law by the Canadian Government due the informal lack of separation between the churches at state. While there are many different effects from the Indian act of 1876 there most predominant and lasting effect was the forced attendance for school for aboriginal minors. This act made into the law anyone under the age of 21 to attend schools which were often mandated by the Canadian church system.

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636 Words | 3 Pages

This was ultimately done to seamlessly absorb the indigenous people into the colonist population. Major aspects of the Indian Act include residential schools, enfranchising, and cultural bans. Residential schools were mandatory for indigenous children to attend. At residential schools, children were forcibly taught the culture of the settlers and were punished if they showed any connection to their native culture. Enfranchising forced high work status and settler-married indigenous people to change their name to be like a colonist.

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Relations Couronne-Autochtones et Affaires Du Nord Canada / Crown-Indigenous Relations and Northern Affairs Canada - Canada. Ca. Retrieved June 17, 2023, from Indigenous Relations and Northern Affairs

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For example, during the negotiation of Treaty 6, the Cree and other Indigenous nations were promised certain provisions such as schools, farming equipment, and annual payments. However, many of these promises were not fulfilled or were inadequate, leaving the Indigenous peoples in a much worse position than before the treaty was signed. This unequal distribution of benefits suggests that the Crown’s Commissioners had a stronger bargaining position during the negotiation

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1151 Words | 5 Pages

The colonization of Indigenous peoples has dramatically affected their health, and health-seeking behaviours, in a myriad of ways. The Indian Act of 1876 was, in essence, created to control the Indigenous population. The Indian Act laid out laws and regulations that tightly regulated the lives of natives economically, ideologically, and politically. This included a wealth of ways in which their identities were stripped away, and in which they were taken advantage of by the Government of Canada. This has resulted in a reduced quality of life for Canada 's indigenous population, as well as adverse health problems, and prejudicial perceptions that we still see the impact of today.

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