Understanding Confederation

In this learning activity, you will learn about the impact of Confederation and the Indian Act on Indigenous Peoples.

Connecting key terms

To begin thinking about Confederation, the Indian Act, and the impact on Indigenous Peoples, review the following list of key terms. You may already be familiar with some of them from your prior learning:

Group the key terms in a way that makes sense to you. Then explain how the terms connect, using examples where possible. There is no single correct answer, and you can use terms multiple times. You do not need to fully research the terms, but you may look up a definition if you are unsure about a term.

Complete this task in your notebook, journal, or in another method of your choice.

Know. Wonder. Learn

Next, you will brainstorm what you already know and what you wonder about the Indian Act and the relationship between the government and Indigenous Peoples at this time.

Begin by completing the Know and Wonder sections of a Know Wonder Learn (KWL) chart.

You will return to this chart at the end of the learning activity to complete the Learned section.

Complete the fillable and printable KWL Chart in your notebook or using the following document. If you would like, you can use speech-to-text or audio recording tools to record your thoughts.

Changing landscapes

In the span of a century, drastic changes in the relationships between settler governments and Indigenous Peoples and their governments occurred especially after Confederation and the creation of Canada as its own nation-state. Indigenous Peoples faced new laws, new relationships, and new legal definitions as to how they were defined and treated in the new nation of Canada.

Confederation and the Indian Act

In 1867, the British North America Act created Canada as a country. It brought together several British North American colonies and set up Canada’s system of government using ideas from the British parliamentary structure.

Through Confederation, the responsibility of Indigenous Peoples and their lands transferred from the British Crown to the Federal Government of Canada. Following this change, government policies toward Indigenous Peoples became more controlling. Many government and church leaders believed it was their responsibility to change Indigenous ways of life to match European traditions and beliefs.

The government believed that Indigenous Peoples could not make their own decisions and needed others to make choices for them. This belief is called paternalism. These ideas influenced government actions and led directly to laws such as the Indian Act.

Prior legislation

Before the Indian Act was passed in 1876, the government introduced earlier laws which were later combined. These included the Act to Encourage the Gradual Civilization of Indian Tribes in this Province, and to Amend the Laws Relating to Indians (also known as the Gradual Civilization Act) in 1857, and the Gradual Enfranchisement Act in 1869.

Based on the names of these Acts, what do you think the colonial government’s intentions were toward Indigenous Peoples? In your answer, consider what terms like ‘Gradual Civilization’ and ‘Gradual Enfranchisement’ might suggest.

Purpose of the Act

These laws demonstrate that the government wanted First Nations Peoples to give up their legal status and become part of Canadian society. The main goal of this legislation was assimilation.

The Indian Act was passed in 1876 and is the primary law that the federal government uses to govern most aspects of First Nations Peoples’ lives. These powers limited, and continue to limit, Indigenous rights and freedoms. Historically, the Act also restricted First Nations individuals and communities from practicing their cultures, traditions, and ceremonies. The Act was created by the Canadian government without consulting First Nations communities.

Restrictions

Some of the restrictions in the Indian Act included excluding women from band council leadership positions, making it illegal for First Nations Peoples and communities to hire lawyers, and outlawing ceremonies and cultural gatherings such as the potlatch.

Under the Indian Act, the federal government had legal authority over the education of Indigenous children. The government worked with churches to provide this education, often through the residential school system, with a focus on assimilation. Although Inuit and Métis Peoples were not included under the Indian Act, many of their children were still enrolled in the schools.

How did the Indian Act try to force assimilation? Give at least two examples in your response.

Learning check

Use your learning to answer the following fill-in-the-blank questions.

For each sentence, select the missing word or phrase from the drop-down menu.

Things you may not know about the Indian Act

Check out the following video entitled "The Indian Act Explained" to learn more about the legal limitations enforced for First Nation Peoples.

As you explore this video, list the ways the Indian Act limits the rights and freedoms of First Nations individuals. In what ways has the Indian Act been an act of assimilation against First Nations Peoples?

When you’ve finished examining the video, summarize your findings. You can record your findings in a method of your choice.

How did the Indian Act force assimilation, and how did it change the lives of Indigenous Peoples in Canada? Include at least two specific examples in your response.

Residential Schools

The Indian Act gave the federal government legal responsibility for the education of Indigenous children and significant control over many aspects of Indigenous people’s lives. The structure of the residential school system was modelled after earlier government reports on Indigenous education that promoted assimilation. These reports emphasized separating Indigenous children from their families as a way to weaken their connections to their cultures and communities. The government acted on this recommendation and in 1883, they authorized the creation of large-scale, church run residential schools.

The government enforced the removal of children from their homes, often forcing them into institutions hundreds of kilometers away from their families and communities. This separation disrupted family relationships and important cultural connections. At school, given names were often replaced with Christian ones and speaking Indigenous languages was banned from being spoken. If children spoke their language, they would be physically punished.

Many schools followed a half-day system, where academic learning was limited, and much of the day was spent on manual labour. Female students were assigned domestic work, while male students were required to do physical labour such as farming. This unpaid labour helped reduce the schools’ operating costs, and many students received a limited education that did not go beyond the primary grades.

Furthermore, residential schools were places where many children experienced physical, emotional, and sexual abuse. This system caused deep and lasting harm to students and their families.

First Nations resistance

It is important to remember that First Nations Peoples were not consulted about the Indian Act. The Indian Act banned them from hiring lawyers, entering the legal profession, or defending their land rights through land claims. Many First Nations also opposed how treaties were negotiated and enforced after Confederation. Despite these restrictions, First Nations Peoples resisted the Indian Act and fought to protect their rights, lands, and sovereignty. Although the Indian Act has been amended over time, it continues to affect many aspects of First Nations life today.

The impact of Confederation and the Indian Act on Indigenous communities was devastating. Children were removed from their homes and placed in dangerous environments. Residential schools targeted students’ identities by banning Indigenous languages and cultural practices, enforcing harsh discipline, and forcing children to perform manual labour.

Despite the oppressive conditions of these schools, Indigenous children resisted assimilation in many ways. They spoke their languages when they could, maintained cultural practices, formed supportive friendships, and, in some cases, ran away to escape the abuse.

Parents and communities also resisted the system. Many recognized the harm being done and tried to protect their children by hiding them or refusing to send them to school, despite it being illegal to not follow the government's orders. Parents were arrested and jailed if they did not allow the Indian Agents to take their children. These acts of resistance show that Indigenous peoples continually opposed government efforts to erase their cultures and ways of life.

Know. Wonder. Learn

Review your ideas in your KWL chart from the Minds On section. Now that you have completed the learning activity, fill in the “L” (What I Learned) section and revise any earlier ideas if needed.

You may wish to consider the following questions as you complete your chart.

1. How did the Indian Act change the daily lives and experiences of Indigenous Peoples in Canada? Think about changes to daily life, rights, culture, governance, and education.
2. What factors led to these changes? Consider the goals of the government, including ideas such as assimilation and paternalism.
3. What specific changes took place after Confederation and the introduction of the Indian Act? Use examples from your learning (for example, new laws, restrictions, or systems like residential schools).
4. What immediate impact did these changes have on Indigenous individuals and communities?

What changed overtime

Next, we are going to use information from this learning activity to compare Indigenous Peoples’ rights, daily lives and experiences before and after Confederation and the Indian Act.

Record your ideas in a Venn Diagram (or another method you prefer). Place ideas in the centre that are consistent before and after Confederation and the Indian Act.

You may wish to consider these questions to guide your comparison and ideas:

1. What was daily life like for Indigenous Peoples before Confederation and the Indian Act?
2. What changed after the Indian Act was introduced? Consider rights, governance, culture, and education.
3. How did the rights and responsibilities of Indigenous Peoples change?
4. What impacts did these changes have on individuals and communities?

Try to use terms like assimilation, paternalism, enfranchisement, and restrictions where they fit your answers. You may complete the Venn Diagram chart in your notebook, using the fillable and printable document provided, or in another method of your choice. If helpful, you may use speech to text or audio recording tools.

Reflection

As you read the following descriptions, select the one that best describes your current understanding of the learning in this activity. Press the corresponding button once you have made your choice.

Now, expand on your ideas by recording your thoughts using a voice recorder, speech-to-text, or writing tool.

When you review your notes on this learning activity later, reflect on whether you would select a different description based on your further review of the material in this learning activity.