Key milestones in the history of the Indian Act

Although the Indian Act remains in force today, several Aboriginal nations in Canada, including the Cree and Naskapi in Québec, are no longer subject to its provisions, following the conclusion of treaties or self-government agreements. The Inuit and Métis are also excluded from the Indian Act.

1850 First four-point definition of Indian status

The Act for the Better Protection of the Lands and Property of the Indians in Lower Canada defines an Indian as any person of Indian birth or blood, any person reputed to belong to a particular group of Indians, and any person married to an Indian or adopted into an Indian family.

1857 Emergence of the concept of enfranchisement

The Act to Encourage the Gradual Civilization of the Indian Tribes in the Province openly aims for assimilation and outlines prerequisites and conditions for enfranchisement.

1869 Loss of status for any Indian woman marrying a non-Indian man 

The Act for the gradual enfranchisement of Indians, the better management of Indian affairs… introduces the first provision whereby the marriage of an Indian woman to a non-Indian man results in a loss of status for the woman and her children.

1876 Adoption of the Indian Act 

This Act expresses the federal government’s exclusive authority over “Indians and Lands reserved for Indians” following the adoption of the Constitutional Act, 1867 (consolidation of previous laws).

1880 Completion of a university degree grants automatic enfranchisement

Indian Act, section 99 (1)

1884 Promotion of a municipal-style administration for the “more advanced” groups

Indian Advancement Act or An Act for conferring certain privileges on the more advanced Bands of the Indians of Canada, with the view of training them for the exercise of municipal powers.

1927 An Act Respecting Indians

Introduction of several provisions aimed at controlling political movements, including:

1951 Major revision of the Indian Act

Until 1951, obtaining the right to vote, enlisting in the army, obtaining a post-secondary diploma or becoming a professional resulted in enfranchisement and loss of Indian status. Additionally, any registered Indian residing outside of Canada for five years or more would lose their status. The new revised Act removes, among other things, the ban on ceremonies and the prohibition on collecting funds or using them in lawsuits against the government. It also grants First Nations women the right to vote in band council elections. There is also the addition of a provision concerning the application of provincial laws of general application where treaties have not been concluded. Finally, the Inuit are expressly excluded from Indian Act jurisdiction.

1984 The Cree-Naskapi (of Quebec) Act 

This Act excludes the Cree and Naskapi nations from Indian Act jurisdiction and grants them greater administrative autonomy.

1985 Adoption of Bill C-31, affecting the status of women

Indian women who had lost their status due to marriage to non-Indian men can now have it restored. However, certain discriminatory elements remained in the law, particularly with regard to the grandchildren of women who lost their status.

2010 Implementation of the Gender Equity in Indian Registration Act

This Act ensures the right to registration for the grandchildren of women who lost their Indian status due to marriage to non-Indian men.

2017-2019 Bill S-3 An Act to Amend the Indian Act

Elimination of residual gender-based inequities in registration. (Donner un exemple simple à comprendre)