What Things Were Not Permitted Under The Indian Act

The Indian Act, a piece of Canadian legislation enacted in 1876, profoundly shaped the lives of Indigenous peoples for over a century. Its influence was pervasive, dictating many aspects of daily existence and imposing severe restrictions. Understanding what things were not permitted under the Indian Act is crucial to grasping the historical injustices faced by First Nations communities.

Control Over Governance and Identity

One of the most significant areas where the Indian Act imposed prohibitions was in the realm of self-governance and the very definition of Indigenous identity. The Act sought to assimilate Indigenous peoples into Canadian society by dismantling traditional governance structures and imposing an external, often paternalistic, system. This meant that many inherent rights and customs were suppressed or outlawed.

Here are some key aspects of what was not permitted:

• Indigenous self-determination was severely curtailed. Traditional chiefs and councils were often replaced by Band Councils appointed or approved by the government.
• Cultural and spiritual practices were suppressed. Many ceremonies, dances, and potlatches were outlawed, particularly in the late 19th and early 20th centuries, as the government viewed them as obstacles to assimilation.
• The ability to practice traditional economies was hampered. Regulations dictated land use, resource extraction, and trade, often prioritizing colonial interests over Indigenous needs.

Furthermore, the Act controlled personal status and, by extension, access to rights and resources. The concept of “Indian status” itself was a creation of the Act, determining who was legally recognized as an Indigenous person and who was not. This system led to profound inequities and divisions within communities.

1. Band membership was determined by the state. Traditional kinship systems were disregarded, and the government decided who belonged to a particular First Nation.
2. Women’s status was diminished. An Indigenous woman who married a non-Indigenous man could lose her status, while Indigenous men who married non-Indigenous women retained theirs. This had devastating consequences for families and community continuity.
3. The right to vote was denied. For a long time, individuals with Indian status were not permitted to vote in federal elections unless they gave up their status.

The Act also created strict rules around land ownership and management on reserves. While reserves were set aside for Indigenous peoples, the Crown retained ultimate control, and individuals were not permitted to own land in the way non-Indigenous Canadians did. This lack of true land ownership had long-lasting economic and social repercussions.

For a comprehensive understanding of these historical controls, please refer to the details provided in the legislation itself.