The Indian Act

By Vanessa Hyggen

"The Indian Act seems out of step with the bulk of Canadian law. It singles
out a segment of society -- largely on the basis of race -- removes much of
their land and property from the commercial mainstream and gives the Minister
of Indian & Northern Affairs, and other government officials, a degree of
discretion that is not only intrusive but frequently offensive."1

This act has restricted First Nations Veterans from obtaining information about or applying for any veteran benefits. Sections from The Indian Act specifically remove First Nations rights and freedoms otherwise stated in Canadian legislation. In 1885, what was called the pass system was instituted. This would serve as a way to control the Natives. No Aboriginal was allowed to leave the reserve for any reason, unless given written permission from the Indian agent, usually on the word of the farm instructor. The Department of Indian Affairs would enforce this by threatening to reduce rations, (food was already scarce) and by ordering the North West Mounted Police to apprehend and jail the Natives, then returning them back to their reserves. The legality of this system is flawed along with many other things however, it did prevent Native veterans from freely obtaining information on veteran benefits.

Another area that was problematic for Native veterans was the sale of intoxicants:
" 94. A person who directly or indirectly by himself or by another person on
his behalf knowingly
(a) sells, barters, supplies, or gives an intoxicant to
(i) any person on a reserve, or
(ii) an Indian outside a reserve
(b) opens or keeps or causes to be opened or kept on a reserve a dwelling-
house, building, tent, or place in which intoxicants are sold, supplied or given
to any person, or
(c) makes or manufactures intoxicants on a reserve,
is guilty of an offence and is liable on summary conviction to a fine of not less
than fifty dollars and not more than three hundred dollars or to imprisonment
for a term of not less than one month and not more than six months, with or
without hard labour, or to both fine and imprisonment. R.S., c.149, s. 93."2
Native veterans were not permitted in the Legion, since it was licensed to serve alcohol.
The Indian Act was improvised so that the government had expropriation powers on reserve lands. When Native soldiers returned home to Canada some of their land had been taken to give to non-native farmers and veterans. The Indian Act has been amended numerous times since it's original state, so information is scant. The act, during post-war times still stated that a Native person could not own land. Treatment of Natives was equal during the war, when they returned home though; they had to face fascism. This is what they had been fighting in the first place.

When it came to First Nations bands signing treaties, there was a huge concern and fear of conscription. "In October 1873, Alexander Morris assured the Ojibway leaders that: "The English never call the Indians out of their country to fight their battles," which meant basically that there would be no conscription for foreign wars."1

On 23 August, 1876, at Fort Carlton, Morris told Mistawasis and the other Cree chiefs and councilors who had specifically asked about military service: "In case of war you ask not to be compelled to fight. I trust there will be no war, but if it should occur I think the Queen would leave you to yourselves."2

On September 7th Morris told the Crees: "…I know you have been told that if war came you would be put in the front, this is not so. Your brothers at Carlton asked me that they might not be forced to fight, and I tell you, as I assured them, you will never be asked to fight against your will; and I trust the time will never come of war between the Queen and the great country near us".3

 

By Vanessa Hyggen