Encyclopedia of Canadian Laws

Indian Act

Indian Act in Canada

Delegated Regulations of the Indian Act

The following subordinate legislation were released under the authority of the Indian Act. Statutory Instruments, including regulations, are concerned with highly specific legislative detail while enabling statutes, like the Indian Act, deal more with general matters or principles for the subject (as in the field of the Indian Act) concerned. For more information about regulations, other statutory instruments (IS) and other documents, including statutory orders and regulations (SOR) related to the Indian Act, see here. Research also the Indian Act in the Index of Canadian Regulations, which lists most federal regulations and statutory instruments in force.

Indian Act

Definition of Indian Act by Rand Dyck and Christopher Cochrane (in their book “Canadian Politics: Critical Approaches”) in the context of political science in Canada: The act that has governed almost all aspects of First Nation life in Canada since the 1870s, giving extensive authority to government bureaucrats and minimal discretion to First Nations themselves.

Definition of Indian Act

The Canada social science dictionary [1] provides the following meaning of Indian Act: The British North America Act (1867), creating the nation of Canada, gave responsibility for the Native peoples of the new nation to the federal government. Federal legislation governing Natives was first passed in 1868 and in 1876 the first Indian Act was passed. This Act provides a legal definition of ‘Indian’ and for those covered by the designation provides a framework in which their activities are governed. From the outset the Act espoused the goal of assimilation and in the name of this end authorized many repressive actions by the state. The Inuit (until recently referred to as ‘Eskimo’) of the North were not included in the Indian Act and a court decision in 1939 was required to declare them a federal responsibility. The Act has been described as a ‘total institution’ since the lives of Natives covered it are entirely lived out within its rule. The Act has been a powerful instrument for the colonization of Indian lands and peoples. Since 1970 there have been suggestions that the Indian Act be removed and Native peoples become similar to other citizens in Canada. See: total institution; reserve; Potlatch;

Indian Act: Resources

Notes and References

  1. Drislane, R., & Parkinson, G. (2016). (Concept of) Indian Act. Online dictionary of the social sciences. Open University of Canada

Resources

See Also

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