Topic > Indian Law in Canada - 940

Kayla SchwabMay 1, 2014NDG 4MMr. SchroederThe Indian ActThe Indian Act no longer remains an indisputable aspect of the Aboriginal landscape in Canada. For years, this (controversial and invasive) federal legislation has governed virtually all aspects of Aboriginal life, starting with the nature of band governance and land tenure. More importantly, Indian law defines the qualifications for being a "status Indian" and has been a source of hatred for Aboriginal people, due to the government's attempt to control the identity and status of Aboriginal people. The historical importance of this legislation is now constantly forgotten. Politically speaking, Aboriginal and non-Aboriginal critics of the Indian Act often have insufferable opinions about the limitations of Indian Act government, and often argue that this administrative device is completely exterminated. At the same time, recent modern land claims agreements circumvent the Indian Act's authority over specific groups. The Indian Act, since it was passed by Parliament in 1876, has been a real test of validity for Aboriginal affairs occurring in Canada. Only a minority of documents in Canadian history have provoked as much dismay, anger and debate as the Indian Act, but the legislation continues to be a central element in the management of Aboriginal affairs in Canada. Aboriginal hatred of the current and historic terms of the Indian Act is strong, but Indigenous governments and politicians are on different sides of the fence regarding the value and/or purpose of the legislation. This is not shocking, considering that the political cultures and structures of Aboriginal communities have been distorted and created by the imposition of the Indian Act. It is important...... middle of paper ......ulted in political policies wide-ranging and legal protests, including petitions to the government and the Crown, legal challenges to Aboriginal land and resource rights, and careful enforcement of the Indian Act. The federal government has often responded with harsh legislative measures to the Indian Act, such as the banning of the Potlatch (and subsequently, the arrest of those who continued to publicly engage in cultural practices) and the prohibition on hiring lawyers to pursue Aboriginal rights through the courts. The passage of such laws, however, did not stop indigenous groups, who continued to meet, organize, maintain cultural traditions, and maintain respect for hereditary leaders. But because they lived in such an oppressive society, the Canadian government continued to control their lives and their opportunities to participate in larger society..