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Indian Act and Treaties

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7/22/2021
Indian Act and Treaties
Objectives
• Identify how the Indian act of 1876 affected the
Indigenous peoples emotional, spiritually, mentally and
physically.
• Define cultural genocide
• Analyze how the Indian act of 1876 contributed to the
cultural genocide of the Indigenous peoples
• Define what treaties are
What is the Indian Act?
• It authorizes the Canadian federal government to regulate
and administer in the affairs and day-to-day lives of
registered Indians and reserve communities
• Assimilation policies intended to terminate the cultural,
social, economic, and political uniqueness of the Indigenous
population by absorbing them into mainstream Canadian
life and values
Assimilation
• Europeans thought:
•The Indigenous population was inferior
•Unable to govern themselves
•Canadian “authorities” knew best on how
to protect their interests and well being
Indian Act and Treaties
Objectives
• Discuss the concept of Jordan’s Principle
• Explain how the Indian Act and other governmental
policies contribute to murdered and missing
Indigenous women.
Assimilation
• The process by which a minority population is
absorbed into a prevailing dominant culture
• Resulting in Loss of:
• language
• education
• tradition practices
• values, customs, and practices
Denied Women Status
1869-1985
• Loss of:
•Treaty benefits
•Health benefits
•The right to live on her reserve
•The right to inherit her family property
•The right to be buried on the reserve with her
ancestors.
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Bill C-31
•
Created with the specific intent of correcting more than 150 years
of discrimination against First Nations women.
• Passed into law in the mid 1980’s to bring the Indian act into line
with gender equality
• Goals:
• Address gender discrimination
• Restore Indian status to women who had been forcibly
enfranchised
Created Reserves
1876-Present Day
to protect the Indigenous people, but
instead isolated and impoverished them
Prohibited Traditional Ceremonies
1884-1951
• The Potlatch
• Government viewed it as wasteful and barrier to
assimilation
• Government knew it was an integral part of
Indigenous culture.
• Government thought it would ensure assimilation
• The Sundance
• Government viewed it as savage like
Expropriate portions of reserve land for public
works
• “Created”
• Families, houses, and clans were randomly joined
disrupting social networks.
• Restricted from leaving with out permission from the
Indian agent.
Enforced Enfranchisement
1876-1985
•Legal process for terminating a person’s status
•Lost their cultural and legal identities
•It would mean the termination of their
recognition as distinct nations or people
•This meant the beginning of their assimilation
into non-Indigenous society
• Government could use portions of reserves for roads,
railways, and other public works
• Government could move an entire reserve away from
an area or land if it was deemed beneficial for the
government
Enforced Enfranchisement
•Serving in the Canadian armed forces
•Getting a University education
•Leaving the reserve for long periods of time
•Aboriginal women who married non
aboriginal men or if their husbands died or
abandoned them
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Residential Schools
1886-1996
• Government sponsored religious schools established
to assimilate Indigenous children into Euro-Canadian
culture
Residential Schools
• Students at some residential schools in the 1940’s and
1950’s were subject to nutritional experiments without
their consent or the consent of their parents.
• Mandatory to attend
• Physically, emotionally, verbally, and sexually assaulted
Band Political Organizations
1869-Present Day
• Displaced traditional political structures and did not
reflect, consider or honor First Nations needs or values
• Did not consider each Nation had its own style of
governance
• Most tribes had a system that included a chief and
advisors or elders
Renamed Individuals with European
Names
1880-undetermined time
• To extinguish traditional ties
• Euro-Canadians found many of the names confusing and difficult to
pronounce
• Went against assimilation objectives - it was feared that leaving
them with their traditional names would take away the motivation
to assimilate.
Denied First Nations the right to vote
1876 - 1960
• Excluded because of the Treaties
• Status Indians lived on reserve lands owned by
the Crown and received annuities from the Treaties
• These liabilities effectively disqualified them from
exercising the right to vote.
Traditionally
•Did not have Christian name or a surname
• They had hereditary names, spirit names,
family names, clan names, animal names and
nicknames
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Cultural genocide
•Is the destruction of structures and
practices that allow a group to
continue as a group.
Cultural Genocide
• Land is seized and populations are forcibly transferred and their
movement is restricted.
• Spiritual leaders are persecuted, spiritual practices are forbidden,
and objects of spiritual value are confiscated and destroyed.
• Destroy the political and social institutions
• Families are disrupted to prevent the transmission of cultural values
and identity from one generation to the next
Treaties Provided
Treaties
•The government of Canada and the courts
understood treaties between the crown and the
first nations to be solemn agreements that set
out promises, obligations and benefits for both
parties.
•A Shared future
•Prevented war and assured peace
•Defined and shaped relations through
mutual respect
•Guaranteed shared economic bounty from
rich and productive lands around them.
Treaties
•land to be set aside for First Nation use only
•money to be paid to a First Nation every year
•hunting and fishing rights on unoccupied Crown
land
•schools and teachers on reserves to be paid for
by the government
•one-time benefits (such as farm equipment and
animals, ammunition and clothing).
Jordan’s Principle
From Norway House Cree Nation
• Born with complex genetic disorder
•Severe developmental delay, tracheotomy,
•Died in Winnipeg never being able to go
back to Norway House Cree Nation
•
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Jordan’s Principle
•Status children are frequently left waiting for
services they desperately need, or are denied
services that are available to other children
•It ensures there is no denial or delay for First
Nations children in receiving essential public
services that are available to all other children
Jordan’s Principle
• Between July 2016 and February 28, 2019, more than
216,000 requests were approved under Jordan's
Principle. Including:
• speech therapy
• educational supports
• medical equipment
• mental health services
Women traditionally played a central role with
Midwives
• Due to residential schools, colonization, Indian act, western medicine
midwifery essential became non existent
Spiritual Ceremonies
• Pipe Ceremony
• Sweat lodge
• Drumming
Jordan’s Principle
• respite care
• mental health services
• rehab therapies
• services for children in care
• transportation to appointments
• medical supplies and equipment
• special education
• supports and services
• long-term care for children with specialized needs
Indigenous Women
Facts
• Matriarchal Society
• Women were never considered inferior in Aboriginal society
until Europeans arrived
• Women traditionally played a central role with
• Family caregivers
• Healers
• Midwives
• spiritual ceremonies
Murdered & Missing Indigenous
Women
• Colonization, governmental policies, and legislation and
regulation contribute to murdered and missing Indigenous
women.
• Racist and sexist stereotypes not only hurt Aboriginal women
and their sense of self-esteem, but actually encourage abuse.
• Close to 4,000 Indigenous women and girls have gone
missing or murdered in Canada since the 1970s
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Pathways that maintain colonial
violence
•Historical, multigenerational and
intergenerational trauma.
•Social and economic marginalization.
•Maintaining the status quo and institutional lack
of will.
Murdered and Missing
Indigenous Women
•Residential schools, the Sixties Scoop, the child
welfare and the justice system place them at a
higher risk of going missing or being exploited
and/or murdered.
•Traditional teachings tell us that “it is upon
women that all life depends” as they are life and
water carriers.
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