The Indian Act. Without question, this legislation [the Indian Act] struck at the heart of what was most sacred to West Coast societies. In so doing, it put in question the very survival of these nations…27 The application of the federally legislated Indian Act has had enormous implications for the First peoples. The Act was the cause of many significant losses to First Nations people including: the loss of land (made it illegal to fight land claims); loss of membership and Indian Status (marriage of a First Nations woman to a non-“Indian” man); loss of children (residential school); and loss of traditional government structures. Aboriginal women have been particularly impacted by application of the Indian Act. It has contributed to the erosion of their traditional roles as First Nations citizens/mothers and women. The membership provisions in the Indian Act have had and continue to have an enormous impact on Aboriginal women. The Act defined, and still defines, who is recognized as an “Indian”, when an Aboriginal woman married a non-“Indian” man she lost her “Indian Status” and membership in her community. Many women suffered the loss of culture, loss of membership in community, loss of family, as well as the loss of living in their traditional territories. The 1985 amendments to the membership provisions of the Indian Act (Xxxx C-31) have remedied the situation for some women, but many women (and their children) continue to be denied status. Others, who may have been successfully reinstated, have not had their children recognized as “Indians” and have had difficulty returning to their home communities because of a lack of housing and discrimination against them as “Xxxx C-31 Indians”. Furthermore, Aboriginal women living on reserve continue to be treated differentially upon the dissolution of marriage than women living off reserve. This was identified by the United Nations Committee on Economic, Social and Cultural Rights: 26 AFN at 14.
The Indian Act. What it is • The Indian Act of 1876, is the oldest federal legislation governing First Nations in Canada; • First Nations people were considered by Canada as minors/wards of the state; • Canada did not consult with First Nations when creating the Indian Act; • The Act gave Canada the authority to legislate all matters concerning “Indians and lands reserve for Indians; • The Act enabled Canada to exercise control over Aboriginal life in areas such as: Community Location Governance Education Religion Health Care Lands and Resource Management “The great aim of our legislation has been to do away with the tribal system and assimilate the Indian people in all respects with the other inhabitants of the Dominion as speedily as they are fit to change.” - Xxx Xxxx X Macdonald, 1887 The purpose of the Framework Agreement is to enable First Nations to resume control over their lands and resources for the use and benefit of their Members without Government interference, by replacing the land provisions of the Indian Act with First Nation made laws. Draft Principles Framework Agreement on First Nation Land Management Framework Agreement on First Nation Land Management Framework Agreement on First Nations Land Management TIMELINE 66 Land Codes Ratified 128 First Nations Signatory Expansion 14 First Nations Federal Ratification Process First Nations Land Management Act Developed by Chiefs from 14 First Nations and Minister of DIA 1980/90’s Signed by 14 Chiefs and Minister of DIA February, 1996 Parliament of Canada Ratified First Nation Land Management Act June, 1999 Announced by the 14 LAB Chiefs and Minister of DIA March 2003 Developmental First Nations November 2016 The Historic Signing |February 12, 1996 Hosted by Chippewas of Xxxxxxxx Island First Nation On January 1, 2000 -- 3 FA First Nations, Xxxxxxxx Island, Mississaugas of Scugog Island, and Muskoday , began to govern their own lands and resources. This was Historic! 8 Stz’uminus First Nation One of the FA’s most important features is that it is entirely community driven. A Land Code provides increased protection for reserve land. There is no loss of reserve land as the reserve land base can never be diminished, it can however be expanded as many communities have already done. 10 The FA is an Economic Development Success Story A 2009 study, conducted by the international consulting firm of KPMG (which sampled 17 FA communities), found that: • $53 million investment from member-owned businesses • $100 million inv...
The Indian Act. (Canada) shall determine whether a Gwich’in is an Indian within the meaning of that Act.
The Indian Act. (Canada) shall cease to apply to the Xxxxxxx Reserve and this Agreement shall apply to the Xxxxxxx Reserve as if it were Settlement Land.
The Indian Act. (Canada) shall cease to apply to the Former Carcross Indian Reserve No. 4 and this Agreement shall apply to the Former Carcross Indian Reserve No. 4 as if it were Settlement Land.
