Brave new world... without the Indian Act

One of the most significant factors affecting Indigenous economic development in Canada has been the Indian Act. The Indian Act has often been described as the most racist, draconian piece of legislation in the modern world.

The Indian Act took away the economic rights and freedoms of entire peoples. It took away their identities and, to this day, retains the power of identification in the hands of the Aboriginal Affairs and Northern Development Canada. Under the Indian Act, Indigenous people were banned from conducting business, unless all revenues and profits ran through the Indian agent first. Indigenous people were banned from employment, from university and higher education, from stores unless they had specialized written permission from the Indian agents.

The effect to this day has been that the establishment of a business on reserve (land that should be held by First Nations, but is instead held 'in trust' by Canada) takes 6-10 years. The same type of business off reserve can be established in 1-3 years.

The Indian Act equated Indigenous people with persons of insanity and without mental capacities to decide for themselves. It declared Indigenous people as less than human. This same Act was used as the model and basis for South African Apartheid. The treatment of Indigenous peoples as prescribed by the Indian Act formed part of the inspiration of Hitler for his program of genocide against the Jewish people.

For many years, at hundreds of conferences, talks, forums, and gatherings; in hundreds of articles, research papers, studies, reports and reviews, the message has been clear: the racist Indian Act must be repealed.

This month, First Nation chiefs from across Canada met with Prime Minister Stephen Harper, after many years of requesting such a meeting, but being blown off. At this gathering, Harper stated "To be sure, our government has no grand scheme to repeal or to unilaterally re-write the Indian Act: After 136 years, that tree has deep roots."

First, let us consider the logic behind this.

Indian Act is racist.
Racist legislation is written by racist people.
Indian Act is also legislation.
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Therefore, the people who wrote the Indian Act were racist.

The Indian Act was written a long time ago.
Since the people who wrote it were racist, Canada has been historically racist.
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Harper states that since Canada has always been racist, we should continue that tradition because it "has deep roots."

Think of the inconsistency here. The Conservatives decry certain practices around the world like genital mutilation of girls, and rightfully so. However, if we apply the same logic Harper uses, we would conclude: "Since certain countries have always practiced genital mutilation, we should continue this historically wrong practice because it has deep traditional roots."

Putting Harper's promise to continue using racist legislation aside, for sake of argument I will assume he is fearful, politically, of how to go about repealing the Indian Act and what that will mean - fear of the unknown. Discussions about removing the Indian Act are not new and there have been some politicians who attempted to venture down this road in the past (Nault, Chretien). All prior efforts failed and met intense political fallout.

People, Canadians and Indigenous people alike, hold some fear of a world unknown - a world without the Indian Act prescribing the delicate relationship between First Nations and Canada.

I believe that this fear is unfounded and held in check by a misplaced focus. I will explain this with an analogy. Suppose a person purchases a sizable lot with a house and moves into it. At some point, he realises that this house is of such bad quality that it is a wonder it still stands. What is the sensible thing to do? He begins to make plans for a new home. He designs the new home to accommodate all of his needs and begins construction of the new. Once it is ready, he moves into it and tears down the old house.

What he does NOT do, is tear the old house down without any plans for a new house.

THIS is the problem we face today. In all of the discussions that I have ever heard regarding the Indian Act, it is about tearing the old house down without any thought or discussion on what the new house should look like.

I believe that the discussions today should focus on the development of what is needed if there is no Indian Act. Once this is done, the fear of the unknown is removed since we will have begun to map out the future, making it known. If it is designed first, in partnership between the Federal government and First Nations, there will be no gap when the Indian Act is actually abolished. It would mean that people can get to the point where repealing the Indian Act is not only possible, but rather simple.