When people think about colonial laws, they often assume they’re relics of the past. But in Canada, the Indian Act—first passed in 1876—is still in effect today. While it has undergone amendments over the years, it remains one of the most controversial pieces of legislation governing Indigenous Peoples. Here are some things you might not know about it:
1. It Was Designed for Control, Not Rights
The Indian Act was never about recognizing Indigenous sovereignty or rights. Instead, it was a tool for the government to control nearly every aspect of Indigenous life—who was considered "Indian," where they could live, what they could own, and even how they could govern themselves.
2. Indigenous People Needed Permission to Leave Their Reserves
Until 1951, Indigenous people couldn’t leave their reserves without a "pass" signed by an Indian Agent (a government official). This system prevented mobility and restricted access to jobs, education, and family members living elsewhere.
3. It Banned Traditional Spiritual Practices
The Act criminalized Indigenous ceremonies like the Potlatch (a key cultural practice among many First Nations on the West Coast) and the Sun Dance (central to Plains Indigenous cultures). These bans weren’t lifted until 1951, but the damage to cultural continuity remains.
4. It Stripped Indigenous Women of Their Status
Before 1985, an Indigenous woman who married a non-Indigenous man lost her legal status under the Act, meaning she was no longer recognized as "Indian" under the law and lost access to rights and community land. Meanwhile, Indigenous men who married non-Indigenous women kept their status and passed it to their wives and children.
5. It Allowed Residential Schools to Exist
The Indian Act made it legal for the government to forcibly remove Indigenous children from their families and place them in residential schools, where they suffered abuse and cultural erasure. The last of these schools only closed in 1996.
6. It Still Governs "Indian Status"
Today, the government still controls who qualifies as a "Status Indian" under the Act. Many Indigenous people who are undeniably part of their communities do not have legal recognition, impacting their access to treaty rights, healthcare, and education.
7. It Prevents True Self-Governance
The Act continues to dictate how Indigenous bands govern themselves, limiting their ability to make independent decisions. While some communities have negotiated self-governance agreements, many still operate under the Act’s restrictions.
Why Does This Matter Today?
Despite being outdated and deeply rooted in colonialism, the Indian Act is still the law of the land for many Indigenous communities. While some Indigenous leaders call for its abolition, others fear that without it, Indigenous rights could be further eroded unless a better framework is in place.
Understanding the Indian Act isn’t just about history—it’s about recognizing how colonial control still affects Indigenous lives today. If reconciliation is to be real, then Canada must address the ongoing harms caused by this law.
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Here are some sources for further reading on the Indian Act and its ongoing impact:
1. Government of Canada – The Indian Act
https://www.rcaanc-cirnac.gc.ca/eng/1100100010252/1100100010254
This provides the full text of the Act and a historical overview of its amendments.
2. Indigenous Foundations – UBC
https://indigenousfoundations.arts.ubc.ca/the_indian_act/
A well-researched breakdown of the Indian Act’s key provisions and its effects on Indigenous communities.
3. Truth and Reconciliation Commission of Canada
https://nctr.ca/records/reports/
The TRC's reports detail the connection between the Indian Act, residential schools, and ongoing colonial policies.
4. Assembly of First Nations – Indian Act & Governance
https://www.afn.ca/policy-sectors/indian-act-and-governance/
The AFN outlines advocacy efforts and Indigenous perspectives on self-governance beyond the Indian Act.
5. "21 Things You May Not Know About the Indian Act" by Bob Joseph (Book)
A highly recommended read for understanding the Indian Act’s impact in a straightforward, accessible way.
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