By Bob Joseph

21 things to know about the Indian Act — and why your vote matters

In 1876, Canada passed the Indian Act. That same year, my great-great-grandparents were married.

Think about that for a moment.

While my ancestors were building their lives and families, Canada was putting legislation into place that would give the federal government sweeping control over First Nations identity, land, governance and many aspects of everyday life.

My family history is one of the reasons I keep researching the past. The dates on a family tree are not just dates. They sit within a much bigger story about the people who lived here, the laws imposed on them, and the generations who lived with the consequences.

The Indian Act was not simply a law about land. It became a tool of colonial control and assimilation. It interfered with Indigenous governance, discriminated against women, restricted cultural and spiritual practices, and helped establish a system in which the government determined who qualified as an “Indian” under Canadian law.

Here are 21 points from the sketchnote by @michael_tdsb, with some historical context.

21 things you may not know about the Indian Act

1. Denied women status

First Nations women faced sex discrimination under the Act. Before 1985, a First Nations woman who married a man without status generally lost her own status and her associated rights. Men did not face the same rule when marrying women without status.

2. Introduced residential schools

The Indian Act became part of the legislative framework used to impose residential schooling on First Nations children. Amendments in the late 19th and early 20th centuries strengthened compulsory attendance. The residential school system separated children from their families, communities, languages and cultures.

3. Created reserves

The Act established federal powers over reserve lands and their administration. Reserve lands had already been created through colonial policies and treaties, but the Indian Act consolidated government control over them.

4. Renamed individuals with European names

Indigenous people were subjected to colonial naming practices and record-keeping systems. European names appeared in church, government and school records, sometimes replacing or obscuring Indigenous names and family connections.

5. Restricted First Nations people from leaving reserves

The sketchnote refers to the pass system, which restricted First Nations people's movement off reserves in parts of western Canada. Importantly, the pass system was imposed by Indian Affairs officials without a clear statutory basis in the Indian Act itself.

6. Enforced enfranchisement

Enfranchisement meant losing legal Indian status in exchange for recognition as a Canadian citizen under the colonial system of the time. Some provisions made enfranchisement automatic for people who met specified qualifications, including certain university graduates. In some circumstances, a person's family also lost status.

7. Could expropriate portions of reserves

The Act gave the federal government powers to control reserve lands, including provisions allowing reserve lands to be surrendered, taken or otherwise dealt with under specified conditions.

8. Could lease uncultivated land

The legislation gave the government powers to administer and lease certain reserve lands, limiting the control First Nations communities had over their own territories.

9. Could not form political organizations

Amendments to the Act restricted First Nations political organizing. In particular, the 1927 amendment made it illegal to solicit funds to pursue Indigenous land claims without government permission.

10. Prohibited soliciting funds for legal claims

This restriction made it much harder for First Nations people to raise money to pursue land claims through the courts. It was removed in 1951.

11. Prohibited the sale of alcohol to First Nations people

The Act included restrictions on alcohol possession, sale and supply involving First Nations people. These restrictions were part of a wider system of discriminatory controls.

12. Prohibited the sale of guns and ammunition

The sketchnote identifies restrictions concerning firearms and ammunition. The precise legal provisions and their scope changed over time, so this point should not be read as a single, unchanging prohibition applying identically to every First Nations person throughout the Act's history.

13. Restricted access to pool halls

The legislation included restrictions on First Nations people's access to pool rooms and similar establishments. These were among the discriminatory controls that were later removed.

14. Imposed the band council system

The Indian Act imposed a system of elected chiefs and councils under federal rules. This undermined the authority of many traditional Indigenous governance systems and placed decision-making under government control.

15. Indigenous languages were suppressed

The Act itself did not impose one universal ban on speaking Indigenous languages in every setting. However, the residential school system and other government policies punished and suppressed Indigenous languages, causing profound cultural and intergenerational harm.

16. Restricted traditional religion

The Act was amended to prohibit certain Indigenous ceremonies and spiritual practices, including the potlatch and other ceremonies. These laws attacked the ability of communities to practise and pass on their traditions.

17. Restricted cultural clothing and regalia

Restrictions on ceremonies and cultural gatherings also interfered with the wearing of regalia and the expression of Indigenous identity. The precise restrictions varied over time and by practice.

18. Made cultural ceremonies illegal

The potlatch was banned in 1884. Later amendments expanded restrictions on Indigenous ceremonies, dances and gatherings. These laws were used to suppress cultural practices and community life.

19. Denied voting rights

This point deserves special attention.

The Indian Act of 1876 tied the right to vote to enfranchisement for First Nations people in the federal system: in general, they had to give up their Indian status to obtain the vote under that framework. Other provincial voting restrictions also applied, including in British Columbia.

In 1960, First Nations people gained the unconditional right to vote in federal elections without having to surrender their status. First Nations women had also been excluded from voting in band council elections under the Act until 1951.

Think about what that means. People whose families had lived on this land for generations were denied equal political rights in the country governing their lives.

20. Created a permit system

The sketchnote refers to the permit system used to control certain activities and movements involving First Nations people. The historical pass system and other administrative controls restricted autonomy, trade and everyday life. The exact rules varied by time and place.

21. Created under British colonial rule to subordinate Indigenous peoples

The Indian Act was enacted by the Canadian Parliament in 1876, within the colonial system inherited from British rule. Its policies were directed toward assimilation and increasing federal control over First Nations people, their lands and their governance.

These 21 points are a starting place, not the whole story. The Act changed repeatedly, and its effects were not identical for every First Nation or every generation. But its history helps explain why Indigenous rights, land, culture, governance and self-determination remain so important today.

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