The Indian Act and The Residential & Day School Experience

Introduction

This introductory module is thoughtfully designed to provide a respectful and authentic introduction to some key elements of the diverse histories and cultures of Indigenous Peoples in Canada. With great care, we embark on this learning journey, acknowledging the true history that Indigenous communities have faced in Canada.

In this module, we will cover the following topics:

• The Indian Act and its impacts.
• The Residential School Experience in Ontario.

It is important to remember that these are complex topics. As such, it is imperative to note that our introductory modules have been produced to shine a light on or take a glimpse at these complex and interconnected topics. These modules have been created for those seeking to take their first few steps to learn more about Indigenous peoples in Canada – their past, their present, and possibilities for the future. As you delve into this module, we encourage you to approach the subject matter with an open heart and a willingness to reflect both critically and thoughtfully – mindful that this is only the beginning of your journey.

As you progress in your journey, you may find a desire to explore these topics in greater depth. Our subsequent certificate-eligible modules are thoughtfully curated to support your continued learning, offering in-depth, nuanced lessons regarding specific topics (e.g., Treaties 101).

So, Let's begin.

The Indian Act was created in 1876. The main goal of the Act was the assimilation of First Nations peoples into settler culture. The Indian Act has been changed many times. It does not affect either the Métis or Inuit.

The Indian Act has been, and still is, controversial. Since the 1990s, First Nations people have made many recommendations to reform the Act. As a result, in 1999, the federal government passed the First Nations Land Management Act. First Nations governments gained a little more power as a result. It did not, however, abolish the Indian Act.

Residential schools were government-sponsored religious schools that were established to assimilate Indigenous children into settler culture. Although the first residential facilities were established in New France, the term usually refers to schools established after 1880. Residential schools were created by Christian churches and the Canadian government as an attempt to both educate and convert Indigenous youth and to assimilate them into 'Canadian' society. These schools disrupted lives and communities, causing long-term problems among Indigenous peoples. The last residential school closed in 1996.

"Every single one of your Indigenous friends is either a residential school survivor, a survivor's child, a survivor's grandchild, or all three – Every single one" – Brent Pelletier, 2023.

Learning Outcomes

By the end of this unit, students will be able to:

1. Define the broad purpose of the Indian Act and other assimilation policies.
2. Identify misconceptions associated with the Indian Act.
3. Explain Residential Schools as they were implemented in Canada and discuss their impact on Indigenous-settler relations.

Beginning Your Journey

A key goal for this module is to start you on a learning journey of self-discovery. Both Indigenous and non-Indigenous peoples are going through a transition of learning about the culture of Indigenous peoples (some rediscovering their heritage) and the true history of Canada. In Indigenous culture, there is no such thing as an expert. Someone can be knowledgeable or skilled but not an expert.

Additional curated readings will be provided to help guide on as you take further steps on your journey.

• These resources are provided at the end of the module.
• These additional readings are not mandatory, and you will not be graded on them.
• Learning journeys are not meant to be a strictly academic exercise, but hopefully, the materials presented point you in the right direction.
• Always remember: the readings are not enough. The next step is to connect with the Indigenous community.

Establishing an Inclusive Learning Environment

Code of Conduct

All 4 Directions modules, no matter their delivery format, have a code of conduct. In addition to the standard expectations, which you can find in our Getting Ready to Learn module, you should take a moment and explore the following points, which are essential for personal conduct and at generating a healthy space and dialogue in this module:

• Be open to opinions that may be different from your worldview.
• Connect with yourself and others on this journey on different matters, especially when there is a disagreement or opinion.
• When in doubt, take a pause and then come back to the dialogue.

Reflections, Sharing and Debriefing

This module may allow you to:

• Examine individual or systemic impacts of ignorance or prejudice,
• Challenge your past educational experiences and your understanding of Indigenous lives and cultures and,
• Hopefully, give yourself the ability to ask or learn more.

Connecting Synchronously

As you move through this or other modules, you may wish to connect with others on a similar journey, as well as members from the 4 Directions team. You can sign up for our Community of Practice membership, which includes live synchronous Fireside Chat sessions where you can discuss your learnings from this and other modules, as well as ask questions of our team that may not be covered in the modules.

If you have a question about content or concepts from this module and are attending a Fireside chat session, here is one helpful way to prepare for the session and the most out of your time:

1. Describe what you saw, read, or experienced during a module activity or unit
2. Relate this to your own life and your emotional response
3. Analyze the implications of what you are learning. Assess similarities and differences, potential effectiveness and look at the implications of the issues raised.
4. Expand your analysis of the issues being discussed to other groups and issues. Who else is affected by this? What other issues could this apply to and how are they similar or different?
5. Offer Alternatives: Brainstorm ideas that explore how the implications of the content/video/activity can have positive outcomes. This can include concrete ideas for action about how this can be accomplished and can include personal, interpersonal, social and institutional actions.

The Impact of the Indian Act

In this module, we touch upon the Indian Act and its impact. Before we move forward with an examination of this legal framework and its impacts, its important to first understand the act itself.

The Indian Act is a significant piece of legislation in Canada that has had profound and cascading impacts on Indigenous peoples and communities since its introduction in 1876. Originally intended to regulate the lives of Indigenous peoples and assimilate them into settler society, the Indian Act has had far-reaching consequences, shaping various aspects of Indigenous life, governance, and identity.

At its core, the Indian Act defines who is considered an "Indian" under Canadian law and outlines the criteria for Indian Status. It also establishes a framework for the administration of Indian reserves and prescribes regulations governing Indigenous communities' governance, land use, and resource management.

Over the years, the Indian Act has been heavily criticized for perpetuating discriminatory practices and undermining Indigenous self-determination and cultural autonomy. It has restricted Indigenous peoples' land ownership rights, imposed restrictive measures on cultural practices, and perpetuated a paternalistic relationship between the Canadian government and Indigenous Rights holders.

While certain amendments have been made to the Act over time, many Indigenous leaders and advocates call for its complete overhaul, citing its negative impact on Indigenous rights, self-governance, cultures, and socio-economic well-being.

The Indian Act remains a complex and contentious issue in Canada, with ongoing efforts to address its impacts and legacies and work towards meaningful reconciliation with Indigenous peoples. Today, discussions surrounding the Indian Act continue to shape the broader dialogue on Indigenous rights, treaty relationships, and the path forward in building a more equitable and respectful relationship between Indigenous peoples and settlers in Canada.

Timeline

Over the years, the Indian Act has legislated extreme changes in the lives of Indigenous Peoples. The timeline below provides some examples.

1867: Federal government assumes responsibility for all "Indians and lands reserved for Indians."

Canada became a country with the passing of the British North America Act. In Section 91(24) the federal government (Canadian government) was assigned responsibility for all "Indians and lands reserved for Indians."

1876: Indian Act becomes law.

The Indian Act became law, and Indigenous governance systems were replaced with elected or appointed Band Councils. Women were not allowed to participate.

1879: Residential schools become official policy.

Residential schools became the official government policy for educating First Nations children. Residential schools forcibly removed First Nations children from their families and communities to attend distant schools, where many died and many more suffered abuses.

1884–1951: Ceremonies banned.

The Indian Act banned ceremonies such as the potlatch, ghost dance, and sun dance. People were arrested for performing them and their ceremonial materials were taken away by the government. The effects of this prohibition are still felt today.

1911–1951: Reserve land taken from bands without consent.

The government could take reserve land from bands without their consent and (between 1918 and 1951) could also lease reserve land to settlers without the band's agreement.

1914–1951: Traditional and ceremonial clothing banned.

It was illegal for Indigenous Peoples to wear their traditional and ceremonial clothing.

1927–1951: Status Indians barred from seeking legal advice, fundraising, or meeting in groups.

It was illegal for Status Indians to hire lawyers or seek legal advice, fundraise for land claims, or meet in groups. Many had to stop organizing, but others continued to do so secretly to fight for their rights.

1951: Political organizing and cultural activities legalized.

It was no longer illegal for Indigenous Peoples to organize politically to fight for their rights. And performing cultural activities was no longer illegal.

1985: First Nations people no longer forced to give up their "status."

It was no longer possible for the government to force people to give up their "Indian status" and lose their Indigenous rights. In the past, First Nations people could lose their Indian status through marriage, for example. And before 1960, a person had to give up his or her Indian status in order to vote federally.