What is the Indian Act?

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The Indian Act was passed in 1876 and is the legislation that determines First Nations identity, rights, and governance in Canada to this day. The Indian Act is the main law that the federal government uses to control most aspects of First Nation life.

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The Indian Act gave the government sweeping powers with regards to First Nation identity, political structures, governance, cultural practices, and education. These powers restricted First Nations freedoms and forbade First Nations individuals and communities from expressing their identities through governance, cultural practices, and ceremonies.

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The Act was created by Parliament without consultation from First Nations communities. It does not include the Inuit or Métis peoples (the Indian Act was adjusted in 1924 to include the Inuit but they were later removed from the Act).

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The purpose of the Act was to have First Nations individuals give up their Indian status and become part of the Canadian population where they would then have the same rights as Canadian citizens. For example, First Nations individuals could have the right to vote and pursue a post-secondary education but would lose all recognition of being an Indigenous Peoples in Canada. We use the terms enfranchisement and assimilation to describe both of these actions.