Leyes de Indias o, mejor dicho, leyes antiindias del Canadá:
INDIAN ACT: 1876
If I were an uninformed person, needing more hard evidence to cement views that Canada had careless indifference towards managing judiciously its trust responsibilities, for First Nations and their lands, this would do it; it took the government almost a decade to enact the legislation it needed to manage Indian affairs.
Finally, in 1876, nine years after Confederation Canada devised and legislated the legal code it required to manage and fulfil the requirements of its Constitutional obligations! But the government of 1876, in direct contradiction of its trust position, was true to form. It included a section in the Indian Act which made it illegal for an Indian Agent not to make every effort to sell off First Nation lands:
138. Every Agent who knowingly and falsely informs, or causes to be informed, any person applying to him to purchase any land within his division and agency, that the same has already been purchased, or who refuses to permit the person so applying to purchase the same according to existing regulations, shall be liable therefore to the person so applying, in the sum of five dollars for each acre of land which the person so applying offered to purchase, recoverable by action of debt in any court of competent jurisdiction.
This section of the 1927 Indian Act placed an impossible burden upon Bands that wished to take legal action against the Crown or file a claim:
RECEIVING MONEY FOR THE PROSECUTION OF A CLAIM
141. Every person who, without the consent of the Superintendent General expressed in writing, receives, obtains, solicits or requests from any Indian any payment or contribution or promise of any payment or contribution for the purpose of raising a fund or providing money for the prosecution of any claim which the Tribe or Band of Indians to which such Indian belongs, or of which he is a Member, has or is represented to have for the recovery of any claim or money for the said Tribe or Band, shall be guilty of an offense and liable upon summary conviction for each such offence to a penalty not exceeding two hundred dollars and not less than fifty dollars or to imprisonment for a term not exceeding two months.38
ENFRANCHISEMENT
Some of the most insidious provisions the government included in the Indian Act, and added to with future amendments, were the enfranchising sections. These provisions were enacted for the express purpose of hastening extinction of Registered Indians by assimilation. Under these sections, individuals and entire Bands were enfranchised. They were hoodwinked into believing that somehow or other, by giving up their rights as Indians, they would reap all the benefits of Canadian citizenship. But, most of those who gave up their "Indian" rights were rewarded by becoming destitute wanderers that nobody in Canada wanted. Fortunately, despite the best efforts of succeeding governments to entice them to do so, the vast majority of First Nations' Peoples refused the bait.
Section 86 was the 1876 enfranchisement section:
Whenever any Indian man, or unmarried woman, of the full age of twenty-one years obtains the consent of the Band of which he or she is a member to become enfranchised, and whenever such Indian has been assigned by the Band a suitable allotment of land for that purpose, the local Agent shall report such action of the Band and the name of the applicant to the Superintendent General.
Whereupon the said Superintendent General, if satisfied that the proposed allotment of land is equitable, shall authorize some competent person to report whether the applicant is an Indian, who from the degree of civilization to which he or she has attained, and the character for integrity, morality and sobriety which he or she bears, appears to be qualified to become a proprietor of land in fee simple; and upon the favourable report of such person, the Superintendent General may grant such Indian a location ticket as a probationary Indian for the land allotted to him or her by the Band.
(1) Any Indian who may be admitted to the degree of Doctor of Medicine, or to any other degree by any University of Learning, or who may be admitted in any Province of the Dominion to practice law, either as an Advocate or as a Barrister, or Counsellor, or Solicitor, or Attorney, or to be a Notary Public, or who may enter Holy Orders, or who may be licensed by any denomination of Christians as a Minister of the Gospel, shall ipso facto become and be enfranchised under this Act.
A few others:
Indian Act, Section 140, 1927, Dances and Festivals (forbid such activities)
Indian Act, Section 140A, 1930, poolrooms (barred poolroom usage)
Indian Act, Section 120, 1930, Prevention of Trade (could not sell their goods without permission)
Indian Act, Section 46, 1911, removal of Indians, (This was used in Nova Scotia)
Biased Indian Act Sections such as these were not unusual. Its another piece of irony that prior to Confederation the First Nations Peoples had suffered unremitting racist persecution, most of which was dished out in an ad hoc fashion. After Confederation, when more enlightened thought was supposed to be afoot, persecution was codified in federal and provincial laws.
I want to clarify this before we go further: For any who might be inclined to think that the Indian Act was designed to preserve First Nations' cultures it wasn't. In fact, it was designed to deliver the final blow to them, but fittingly, in the end it was their salvation. The men who sought to destroy these cultures, motivated by racist perceptions of themselves as products of superior civilizations, would roll over in their graves today if they knew that the actions they took to facilitate the demise of First Nation civilizations were the very actions that ultimately saved them.
INDIAN ACT: 1876
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