CANADA TAKES CONTROL

CANADA TAKES CONTROLChapter 6

JOINING CANADA• BNA Act/Constitution Act

1867 continued policy of discriminating against First Nations by enforcing government controlo federal government

controlled “Indian Affairs”o provinces controlled land

and natural resources ignored First Nations

resource management determined lands for

reserves

• BC becomes a province 1871o BC content to omit First Nations, federal insisted on including them (Section 13)

federal assumed treaties negotiated as in Ontario Terms of Union made no mention of Aboriginal title to land or need for treaties to be negotiated land reservations to be parceled out as before

fed assumed 80 acres as in Ontario, but BC at 10 acresJoseph Trutch to be lieutenant-governor

o Superintendent of Indian Affairs for BC – Dr. Israel Powell

divided BC into “Agencies” to be administered by Indian Agent caught between federal govt and prov govt policies despite Treaties 1-7 in prairies, BC continued to deny Aboriginal title to land and restricted First Nations to small reserves

THE INDIAN ACT 1876• Act gave legal power to government

to control lives of First Nations communities

• defines “Status Indians”o wards of the state – treated as

children in parental careo before 1951, not deemed as

“people” under law and denied certain rights

• provided reserve land and specified who to live on reserveso exercised considerable control

on those living on reserveso dictate when and where children

attended school

• discriminatory laws regarding alcohol useo crime to own or consume alcoholo crime to sell alcohol to Status Indianso only served to push use of alcohol underground

• dictated structure of local governmento modeled after Euro-Cdn elected town councilo govt formed by band council led by chief counciloro ignored traditional forms of governance

•originally 100 clauses – now close to 200 with amendmentso some benefits to Aboriginal people, but outweighed by discrimination and oppression embedded in Act

INDIAN RESERVES• not permitted to own land because

wards of stateo shocked because:

always had stewardship of land

had willingly shared land with newcomers

• some not understand until surveyors arrived

• reserves meant to be temporaryo until assimilated into mainstream

• 1st Indian Reserve Commissioner – G.M. Sproato sympathized with First Nations

• 2nd – Peter O’Reilly (Trutch’s brother-in-law)o immediately reduced size of

reserveso met with resistance and call for

treaties

EARLY RESISTANCE• from beginning resisted alienation

of land and protested loss of rightso mostly peaceful and non-

violento organized communities

• early protests followed patterno communities meet and

discuss actiono strongest speakers to go to

politicians and present caseo reported back to communitieso sometimes requested help

from local missionaries greater command of

English language in spoken and written word

• of earliest protests was Stolo people of the Frasero 50 chiefs and hundreds of other First Nations presented petition to Indian Superintendent in New Westminster (loss of land/decrease of reserves)o made Ottawa realize treaties not signed in BC, but relationship with BC fragile, so ignored petition

• Nisga’a and Tsimshian earliest to take action against reserve surveyors and Indian Agents

o fought for recognition of titleo protests based on traditional ideas of ownership and land stewardshipo support from colonizerso 1881 delegation to Victoria (Nisga’a)o 1885 delegation to Ottawa(Tsimshian)o 1886 joined forces to meet govtso Govt finally agreed to set up Royal Commission but ultimately did not settle land claims or title

POTLATCH BANNEDORIGINAL DOCUMENTS (99)Section 3, The Indian ActEvery Indian or other person who

engages in or assists in celebrating the Indian festival known as the “Potlatch” or in the Indian dance known as the “Tamanawas” is guilty of a misdemeanour, and shall be liable to imprisonment for a term of not more than six nor less than two months in any gaol or other place of confinement; and any Indian or other person who encourages, either directly or indirectly, an Indian or Indians to get up such a festival or dance, or to celebrate the same, or who shall assist in the celebration of same is guilty of a like offense, and shall be liable to the same punishment.

• Indian Act not as successful as hoped in assimilating First Nations• 1884 banned potlatch

o amendment made to ban potlatch and other customs involving dance and singingo potlatch central to political, economic, social and spiritual life = banning parliament, libraries, banks and churcheso many communities ignored law

some continued on other forms• 1895 strengthened the law

o illegal to wear ceremonial articles or dance in public

STATE AND CHURCH EDUCATION• one of main tools of

colonialism was educationo values and language

taught to youngest generation

o more effective => take out of home environment and into foreign environment

• education system was partnership between Dept of Indian Affairs and Christian churcheso most reserve communities

aligned with major Christian denomination

o some schools a distance away – residential

• given little opportunity to learn beyond basicso class half dayo applying skills – cleaning, laundry, maintaining institution and producing food

• enforced use of Englisho not allowed to use own language – often physically punished

• not all to residential schools – some community schoolso not allowed to go to public schools until amendment in Indian Act 1951

• residential schools not successfulo didn’t assimilate First Nations peopleo some positive experiences

learned some job skillso created extraordinary social problems for several generations

lost language and normal childhood loneliness, regimentation and institutionalization left terrible memories some physical, mental, and sexual abuse

As Long as the Rivers Flow

A novel capturing a First Nations family’s last summer together before the children are taken away to residential school.

TREATY 8• govt BC argued any Aboriginal

right extinguished with confederation, but agree to treaty in Peace River region 1899

• fed govt negotiated treaties 1-7 in prairies 1870-77

• Peace River occupied by Dunne-za, Sekani, Dene-thah, Chipewyan, and Creeo life altered by fur trade

fur-bearing animals depleted by 1880s

yearly income from previous treaties would prevent starvations

o 1897 Klondike gold rush brought in miners to area some minors complete disregard for First Nations affected trap-lines (destroyed them) some First Nations retaliated by 1898, obvious something needed to be done before more violence or “Indian War” May 1898, 500 First Nations set up blockade, not to move until treaty signed

o BC land was given to fed government as part of railway deal original intention had been for treaty/reserve use BC could maintain stance that Aboriginal title did not exist

1911 VICTORIA CONFERENCE• one of 1st attempts to unite First Nations

was formation of Indian Tribes of the Province of BC 1909

• also formed was Committee of Friends of Indians by ministers and other non-Aboriginal

• March 1911 conference in Victoriao discuss important issues and meet

premier Richard McBrideo Rev. Tate of CRI presented draft of

petitiono Haida representative Peter Kelly

spoke for need to make own statements

o met with McBride who would not consider Aboriginal title and told them to direct legitimate grievances to fed govt

o at same time, BC govt was buying two pockets of reserve land – Nass Valley and Kitsilano