{"id":948912,"date":"2026-10-28T03:38:28","date_gmt":"2026-10-28T03:38:28","guid":{"rendered":"https:\/\/www.newsbeep.com\/ca\/948912\/"},"modified":"2026-10-28T03:38:28","modified_gmt":"2026-10-28T03:38:28","slug":"how-canadas-1876-indian-act-still-holds-sweeping-power-over-first-nations","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/ca\/948912\/","title":{"rendered":"How Canada\u2019s 1876 Indian Act still holds sweeping power over First Nations"},"content":{"rendered":"<p>OTTAWA \u2014 It\u2019s one of the most important laws in Canada\u2019s history, it\u2019s widely loathed by the people it affects \u2014 and most Canadians know little about it.<\/p>\n<p>The Indian Act, which dates from 1876, gives Ottawa sweeping powers over First Nations communities and people, including the authority to decide who qualifies for status and what reserves can and can\u2019t do.<\/p>\n<p>Read more:<\/p>\n<p>While the law is heavily criticized by First Nations leaders and people, it also protects reserve lands. Status under the Indian Act entitles people to certain health and social services.<\/p>\n<p>On Monday, <a href=\"https:\/\/www.cjme.com\/2026\/10\/24\/first-nations-prepare-for-historic-meeting-with-carney-and-premiers\/\" target=\"_blank\" rel=\"noopener nofollow\">during a historic gathering of federal, provincial and First Nations leaders in Ottawa<\/a>, <a href=\"https:\/\/www.cjme.com\/2026\/09\/30\/kinew-sits-with-first-nations-leaders-to-honour-children-at-school-burial-site\/\" target=\"_blank\" rel=\"noopener nofollow\">Manitoba Premier Wab Kinew<\/a> pitched the idea of abolishing the Indian Act.<\/p>\n<p>Prime Minister Mark Carney said he was \u201cvery open to\u201d the idea.<\/p>\n<p>Here\u2019s what you need to know:<\/p>\n<p>What is the Indian Act and what does it do?<\/p>\n<p>The Indian Act is an amalgamation of colonial era laws designed to assimilate First Nations people into mainstream Canadian culture through the eventual erasure of their distinct identities and legal status. It does not apply to Inuit or M\u00e9tis people.<\/p>\n<p>The law was used to outlaw ceremonial practices in response to pressure from religious missionaries. It served as the foundation of the <a href=\"https:\/\/www.cjme.com\/2026\/09\/30\/sask-residential-school-survivor-shares-stories-at-truth-and-reconciliation-day-event\/\" target=\"_blank\" rel=\"noopener nofollow\">residential school system that took roughly 150,000 children away from their families<\/a>.<\/p>\n<p>An early amendment to the law removed the rights of First Nations women who married someone who was not a status Indian.<\/p>\n<p>In 1927, the Indian Act was amended to make it illegal for First Nations people and communities to hire lawyers, and to forbid land claims without government approval.<\/p>\n<p>The law was amended in 1951 to, among other things, eliminate the ban on ceremonies and extend the right to vote in First Nations elections to women. In 1960, the law was changed to give First Nations people the right to vote in federal elections without forfeiting their Indian Act status.<\/p>\n<p>The Indian Act still forbids the sale of reserve lands, making it very difficult for reserve members to secure loans and mortgages.<\/p>\n<p>The law ensures First Nations have access to health and social programs and prevents them from being taxed on-reserve. Some services from Indigenous Services Canada are offered only to those with status under the Indian Act.<\/p>\n<p>Why do people want change?<\/p>\n<p><a href=\"https:\/\/www.cjme.com\/2026\/10\/26\/kinew-calls-on-carney-to-abolish-the-indian-act-at-meeting-with-chiefs\/\" target=\"_blank\" rel=\"noopener nofollow\">Premier Kinew, who is Anishinaabe, called for the repeal of the Indian Act <\/a>during a break in the meeting in Ottawa on Monday.<\/p>\n<p>Kinew, a member of Ojibways of Onigaming First Nation, held up his own First Nations status card and said abolishing the Indian Act should be high on the national political agenda. He said his proposal received an \u201copen-minded reception\u201d from other leaders in the closed-door meeting.<\/p>\n<p>\u201cIt\u2019s time to abolish the Indian Act,\u201d Kinew said. \u201cIt\u2019s long overdue that we have a relationship with Indigenous Peoples in Canada that reflects who we are as Canadians today.\u201d<\/p>\n<p>Chiefs have long said the Indian Act is restrictive \u2014 there\u2019s a popular T-shirt that calls for the law to be burned \u2014 but there is little consensus on what should replace it.<\/p>\n<p>There are existing pathways allowing First Nations to opt out of the Indian Act and move toward self-government \u2014 24 such agreements have been signed with more than 40 communities. Crown-Indigenous Relations Canada says 100 active self-government negotiations are taking place across the country.<\/p>\n<p>One of the most controversial aspects of the modern Indian Act is the way it determines status. The vast majority of First Nations agree that the federal government should move to a one-parent rule for passing on status rights.<\/p>\n<p>But Indigenous Services Minister Mandy Gull-Masty has signalled that approach will not be adopted by her government, despite calls from opposition parties in the House of Commons and the Senate for her to do so.<\/p>\n<p>Have prime ministers attempted to abolish it before?<\/p>\n<p>Once, but the effort went nowhere. In 1969, years before he became prime minister, Jean Chr\u00e9tien introduced what was known as the \u201cWhite Paper\u201d when he was minister of Indian Affairs in the government of Pierre Trudeau.<\/p>\n<p>The document called for the abolition of the Indian Act, an end to Indian status, the absorption of First Nations people as ordinary Canadian citizens, the termination of treaties and the privatization of reserve lands.<\/p>\n<p>The proposal received widespread pushback from First Nations leaders led in part by Harold Cardinal and the Indian Association of Alberta. They called Chr\u00e9tien\u2019s plan assimilationist and warned it would lead to the erasure of their cultures.<\/p>\n<p>\u201cI\u2019m sure that we were very naive in some of the statements we made in the paper. We had perhaps the prejudices of small \u2018l\u2019 liberals, and white men at that, who thought that equality meant the same law for everybody,\u201d Prime Minister Pierre Trudeau said at the time.<\/p>\n<p>\u201cWe have learned in the process that perhaps we were a bit too theoretical, we were a bit too abstract, we were not, as Mr. Cardinal suggests, perhaps pragmatic enough, or understanding enough, and that\u2019s fine.\u201d<\/p>\n<p>What does Carney say?<\/p>\n<p><a href=\"https:\/\/www.ckom.com\/2026\/10\/27\/carney-says-ottawas-indian-act-review-might-not-end-up-abolishing-the-law\/\" target=\"_blank\" rel=\"noopener nofollow\">Carney said Tuesday a review of the Indian Act won\u2019t necessarily lead to its termination<\/a>; on Monday, he said he was \u201cvery open to\u201d that idea.<\/p>\n<p>Carney said the federal government will work with First Nations and the provinces and territories to review the law and suggest possible replacements for it.<\/p>\n<p>\u201cThe suggestion of reforming, potentially abolishing and fully modernizing governance, is that a process, co-developed, needs to be put in place, and the federal government is open to that process,\u201d Carney said Monday.<\/p>\n<p>Carney said the idea of abolishing or modernizing the Indian Act was discussed openly in Monday\u2019s meeting and he was \u201cvery open to\u201d the proposal.<\/p>\n<p>\u201cNot everybody, but other participants raised the desirability. So it\u2019s already starting from the right place in that it\u2019s not the federal government deciding something should be done. It\u2019s responding to a request,\u201d he said.<\/p>\n<p>Assembly of First Nations National Chief Cindy Woodhouse Nepinak said Tuesday the way forward is up to the chiefs to decide.<\/p>\n<p>\u201cFirst Nations must be able to determine for themselves how they want to develop their own laws. Because our rights are our rights and this land is our land,\u201d Woodhouse Nepinak said.<\/p>\n","protected":false},"excerpt":{"rendered":"OTTAWA \u2014 It\u2019s one of the most important laws in Canada\u2019s history, it\u2019s widely loathed by the people&hellip;\n","protected":false},"author":2,"featured_media":948913,"comment_status":"","ping_status":"","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[4],"tags":[49,48,44],"class_list":["post-948912","post","type-post","status-publish","format-standard","has-post-thumbnail","category-canada","tag-ca","tag-canada","tag-news"],"_links":{"self":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/948912","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/comments?post=948912"}],"version-history":[{"count":0,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/posts\/948912\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media\/948913"}],"wp:attachment":[{"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/media?parent=948912"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/categories?post=948912"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.newsbeep.com\/ca\/wp-json\/wp\/v2\/tags?post=948912"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}