Indian Act

FILES CAN ONLY BE ACCESSED USING FIREFOX BROWSER. Consists of historical documents, correspondence/letters, reports, legal papers, maps, field notes, transcripts, submissions and the Final Report in French and English. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]

Final report examines historical background and submission to Indian Claims Commission (ICC) regarding whether the Crown breached its fiduciary obligation by allocating reserve land (IR 81) to people outside of the Band. ICC found Canada breached its obligations and recommended the claim be a negotiated under Canada's Specific Claims Policy. Commissioners include: Alan C. Holman, Renee Dupuis, and Sheila G. Purdy. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

Discusses aspects of the works of Pauline Johnson that illustrate an interrelationship between issues of identity, Indigenous peoples and legislative amendments.

Anthropology and Archaeology Thesis (M.A.)--University of Saskatchewan, 1992.

Statistical table.

Looks at debates over and interpretation of the peyote ceremony.

Provides a history of the impacts of the implementation of the Indian Act, which was passed in 1876.

Bill introduced to comply with Court's decision in Descheneaux et al., v. Canada (Attorney General), which found current Act violated equality provisions of the Canadian Charter of Rights and Freedoms. Court case involved eligibility for Indian Status.

Research paper discusses statutory provisions in the Indian Act and court imposed fiduciary duties on band governments in certain circumstances.

Fact sheet on basic questions about Band accountability and sections of the Indian Act.

Law Thesis (L.L.M.)--Queen's University, 2001.

Looks at how and why policy changed, with focus on developments in the early 1980s. Analysis of macro- (federal government and Aboriginal organizations, micro- (Department of Indian Affairs and Northern Development and its ministers), and mid-level practices. Includes case studies.

Critique of Canadian governments response to the Quebec Superior Court's ruling in Descheneaux c Canada (Procureur general). Argues that while the Bill may address the Indian Act's discriminatory clauses, it does not deal with issues such as citizenship, jurisdiction, and the status system as a whole.

History Thesis (M.A.)--University of Ottawa, 1986. Focuses on the Battleford and Clandeboye Agencies.

Final Report concludes that Canada (the Crown) did not breach Treaty 1 when it permitted a surrender of the Band's reserve land. (French language version). Commissioners include: Daniel J. Bellegarde, Alan C. Holman, and Sheila G. Purdy. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]

Final Report examines the Paul First Nation's alleging mismanagement of the sales of surrendered lands. (French language version) Commissioners include: Daniel J. Bellegarde, Alan C. Holman, and Sheila G. Purdy. [These files were created and compiled by the ICC and provided to the Indigenous Studies Portal in 2009 to make widely available in online format.]

Shows locations and whether community is under the Indian Act, Land Management Act or is self-governing. Insets for certain areas of British Columbia, Saskatchewan and Ontario.

Shows locations and whether community is under the Indian Act, Land Management Act or is self-governing. Insets for certain areas of British Columbia, Saskatchewan and Ontario.

File contains a presentation by Alex Denny, Grand Captain of Micmac Grand Council. Denny discusses the Simon case, Education policy, the Indian Act, and his people's desire for self-government. Following the presentation is a discussion between Denny and Georges Erasmus on the possibilities for Micmac self-government.

File contains a presentation by Will Basque of Eskasoni, Nova Scotia. Micmac is a Smoganist or soldier veteran in Micmac, and represents all the combat veterans of the Micmac nation. Basque fought in both the Dominican Republic, and twice during the Vietnam War. Basque relays a history of the Micmac nation, with particular emphasis on its Catholic nature, and recognition as the "first state" of Canada. He also discusses legal developments in Canada and the United States, as well as residential schools, the Indian Act, and other matters.

Presentation requests that Canada honour treaty commitments and lawful obligations.

Outlines problems with the Bill and makes recommendations for amendments to it which would remove all discrimination against women.

Presentation focuses on the content of the Bill and the process used to move the legislation through the system.

This press release expresses the Manitoba Aboriginal organization's "bitterness, frustration and anger" with the Federal Government's "White Paper." Courchene calls for meetings with Aboriginal leaders in Manitoba to present alternatives from the "cultural genocide" he believes will occur if the "White Paper" becomes law.

Historical note:

Historical background and submission to Indian Claims Commission (ICC) regarding the loss of 4500 square miles of land by the two First Nations. ICC found breaches of Treaty and other fiduciary obligations and recommended the claim be negotiated under Canada's Specific Claims Policy. Commissioners include: Harry S. LaForme, Daniel J. Bellegarde, and P. E. James Prentice. [This file has been saved and made available online with permission from the Indian Claims Commission website before it closed down in March 2009.]

File contains information on activism, agriculture, reserve life, medical services, drug prescriptions, land claims, the Indian Act, Metis, Indigenous rights, chiefs, sterilization of indigenous women, the "Red Paper", discrimination, treaties 8 and 11, recreation, Liquor Act, provincial law, housing, Local Initiatives Programs, utilities on reserves, and poverty.

File contains the publication "Native Press" from June 20th, 1973 and various articles such as: "Warriors Hold Indian Affairs Office," "Position Paper of the Association of Iroquois and Allied Indians Respecting Aboriginal Title," "A Position Paper on the Youth Liaison Program," "The Day Indian Affairs was run by Indian Youth," "Indians of North Defend their Ownership of Land in Court," "Funding Proposal Native Youth Program," "Legality of Traditional Native Marriage Challenged," "Association of Iroquois and Allied Indians: Statement Issued by the Board of Directors," "Indian Culture Revived,"

Complainant charged that the Department had discriminated against her on the basis of religion when it refused to provide boarding costs for her daughter to attend a Catholic High School. Tribunal found in the Department's favour.

A Response to Susan Campbell's "On 'Modest Proposals' to Further Reduce the Aboriginal Landbase by Privatizing Reserve Land" in The Canadian Journal of Native Studies vol. 27, no. 2, 2007 on pages 219 to 246; suggests that this article was inaccurate.

Examines two culturally distinct views of land ownership.

Relates the challenges faced to include issues of importance to the First Nations when researching and teaching history.

Discusses the challenges of finding a better place for Aboriginal peoples in our society and comments on previous failed policies. Entires issues on one pdf. to access article, scroll to page 16.

File contains a page from a speech making reference to the banishment of 118 indigenous persons from the Hobbema Reserve; from "Two Years of Great Achievement - A summary of Accomplishments of the Progressive Conservative Party" referring to achievements of the Department of Indian Affairs, the Indian Act, and housing assistance; a pamphlet and a memorandum also highlighting achievements in the area of indigenous affairs; a memorandum highlighting accomplishments in the area of Indian and Northern Health Services; and a page out of the Conservative Canadian with mention of scholarships present

Aboriginals across Canada given time to study and understand the proposal of a new self-government model adopted at the Assembly of First Nations in Quebec City, May 18-22, 1981.

Book review of:Beyond the Indian Act: Restoring Aboriginal Property Rights by Tom Flanagan, Christopher Alcantara and André LeDressay.

Argues that the Federal government's changes to the Indian Act to change matrimonial property rights is long overdue.

Speaks about a plan for collaborative change to close the gap between Canadian and Indigenous people's quality of life. According to the United Nation's Human Development Index country as whole is rated sixth, while Indigenous people are rated at 63rd. Duration: 1:17:26.

Describes issues with Bill C-7 regarding the reporting structure set up by the federal government.

Discussion of identity under the Indian Act and the past discriminatory provision of women who marry non-Indian men losing thier status, and social and political rights.

Book review of: The Queen's People, A Study of Hegemony, Coercion, and Accommodation Among the Okanagan of Canadaby Peter Carstens.

Discusses a conflict between the Canadian Bill of Rights and section 94(b) of the Indian Act which prohibits being intoxicated off of a reserve.

Book review of: The Quest for Justice edited by Menno Boldt and J. Anthony Long.

Examines the various attempts that have been made to abolish the Act and implement self-government.

Discusses whether Aboriginal rights to gamble include the right to regulate gambling activities and pass by-laws.

Comments on the case, McIvor v The Registrar, that had the potential to correct the history of sex discrimination in the Indian Act but failed.

Argues that prostitution has played a fundamental role in securing the necessary domination over Indigenous peoples and land in the making of the Canadian nation-state. Focuses on four examples: early settlement in British Columbia; the Indian Act; the Pass System; and Vancouver's missing women.

Outlines women's traditional roles and discusses how churches and various Canadian government policies and legislation have created their current disadvantaged position.

Argues that because Aboriginal women suffer from multiple oppressions there are even greater impacts on their health than that of Aboriginal men.