Indians: Exclusively Under Federal Jurisdiction

To begin at the beginning, it is a fact that “First Nations people (“Indians”) and lands reserved for them” are governed exclusively by the federal government, unlike other citizens. This is one of the characteristics of their special status. First Nations peoples are distinct citizens and have been distinct citizens ever since the French regime. However, the federal government has governed their lives by means of a special act, the Indian Act, since 1876. As we will see further on, this law of exception does not apply to all Aboriginal people, since Inuit in particular are excluded from it.

The federal government’s exclusive responsibility for First Nations people is derived from the Proclamation of 1763, that famous document in which the Crown affirmed its responsibility to provide “protection” for the “several Nations or Tribes of Indians with whom We are connected”, in the words of the King.

However, in reality, the Indian Act distorted this responsibility of protection by essentially making the nations and tribes to be protected wards or children of the state. In the name of protection, the government would decide what was in their best interests.