Indian Act Control

The Indian Act and policies created under it allowed the Canadian government to control the lives of people registered under the Act and reserve communities in many ways.

Over the years it has:

  • prevented First Nation people living on reserves from voting in Canadian elections
  • restricted First Nation people living on reserves from leaving the reserve for any reason, including grocery shopping, visiting friends or attending a funeral, by requiring them to get a pass from an Indian Agent
  • required First Nation people to have a permit from the Indian Agent to sell things like crops or cattle
  • given the government the authority to prohibit giving or selling ammunition to First Nation people
  • banned and penalized cultural practices including traditional dress and powwow ceremonies
  • prohibited First Nations from hiring lawyers to pursue land claims without the government’s approval
  • prohibited First Nations people from forming associations by making it a crime 'incite' three or more First Nation people against civil officials, which allowed Indian Agents to have any group of three or more that acted in a way they considered threatening to be arrested. 
  • given the government the authority to forcibly remove First Nation children living on reserves from their homes and place them in residential schools where they faced inhumane living conditions, were denied the basic needs of love, kindness, rest, and nutrition, denied their cultural beliefs and were prohibited from speaking their traditional language.

Parents could face jail time if they tried to stop their children from being sent away and removing children from their parents was a key reason to have residential schools. 

When the school is on the reserve the child lives with its parents, who are savages; he is surrounded by savages, and though he may learn to read and write, his habits, and training and mode of thought are Indian. He is simply a savage who can read an write.  It has been strongly pressed on myself, as the head of the Department, that Indian children should be withdrawn as much as possible from the parental influence, and the only way to do that would be to put them in central training schools where they will acquire the habits and modes of thought of white men

— Prime Minister John A. McDonald

The fact that many First Nation children would die in residential schools was known.

It is readily acknowledged that Indian children lose their resistance to illness by habituating so closely in the residential schools and that they die at a much higher rate than in their villages.  But this alone does not justify a change in the Department, which is geared towards a final solution of out Indian Problem.

— Duncan Campbell Scott, Deputy Minister of Indian Affairs

These parts of the Indian Act have been removed and policies like the residential school system have been abandoned, although the damaging legacy continues today. There have also been changes to the Indian Act and new laws that give First Nations options to regain some control. 

But the Indian Act continues to control the lives of First Nations, their members and their land in many circumstances. A notable exception is when a First Nation enters a Self-Government Treaty or Agreement with the government. There is currently one First Nation in Saskatchewan, Whitecap Dakota First Nation, that has entered a Self-Government Treaty. When this happens, the almost all of the Act no longer applies to the First Nation.

How Does the Indian Act Affect Me?

For First Nation people, the Indian Act controls many aspects of their lives. 

Related Laws

Many other laws that deal with First Nations and reserves have been passed over the years since the first Indian Act came into effect. 

Who is Indian under the Indian Act?

Indian is currently defined in the Indian Act as anyone who is registered under the Act as an Indian or who could be.

How Do I Register as an Indian Under the Indian Act?

This section outlines the process for registering as an Indian under the Indian Act.

What is a Band Under the Indian Act?

Under the Indian Act a Band is a  body of Indians that a reserve has been created for, that the government holds money for or that has been declared to be Band by the government.

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Department of Justice Canada

PLEA gratefully acknowledges funding from the Department of Justice Canada for the development and printing of this resource.

Cree Nisga'a Clothing

The beautiful original artwork in this resource was created by Cree artist Linda Lavallee, owner of Cree Nisga’a Clothing.