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THE IMPACT OF THE INDIAN ACT ON COLLECTIVE RIGHTS

Chapter 4: To What extent has Canada affirmed collective rights?. What is the Indian Act What are conditions of the Indian Act How did the Indian Act impact First Nations. THE IMPACT OF THE INDIAN ACT ON COLLECTIVE RIGHTS. What is the Indian Act?.

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THE IMPACT OF THE INDIAN ACT ON COLLECTIVE RIGHTS

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  1. Chapter 4: To What extent has Canada affirmed collective rights? • What is the Indian Act • What are conditions of the Indian Act • How did the Indian Act impact First Nations THE IMPACT OF THE INDIAN ACT ON COLLECTIVE RIGHTS

  2. What is the Indian Act? • It resulted from the governments interpretation of the Numbered Treaties • The government under the act is able to develop specific programs and policies to administer Treaty rights to the First Nations • It was created in 1876 • At this time the government thought it was appropriate to make laws for First Nations without consulting them

  3. Conditions of the Indian Act • Each reserve was appointed an Indian Agent, each had the power to decide individually how the government would fulfill it’s duties • This lead to tremendous inconsistencies • The act defines who is considered a “status Indian” with full treaty rights • The act was originally designed to assimilate the First Nations • It outlined procedures for band elections • At various times ability to travel freely, take political action, wear traditional dress or take part in traditional ceremonies were restricted • Until 1960 you had to revoke your Treaty Rights in order to vote

  4. WHAT IS ENTHNOCENTRISM • It is the common belief held by most cultures that their way of life is superior to all others • The Indian Act was created from the viewpoint that the European ways were superior to those used by the First Nations peoples

  5. I HAVE HEARD THAT FIRST NATIONS DO NOT PAY TAXES • That is partially true, “Status Indians” are not taxed from property ownership of property on the reserve like most other Canadians • Also they do not pay income tax on income earned while on the reserve • However they do pay income tax on income earned off the reserve or property tax for property owned off of the reserve • Some First Nations are actually asking for taxation powers to increase • Some First Nations peoples are critical of the spending habits of Band leadership

  6. WHAT IMPACTS HAS THE INDIAN ACT MADE FOR FIRST NATIONS PEOPLES • They are rightfully distrustful of negotiated deals as they see differences in interpretations • They want to know the policies that will be put in place, as past policies has caused distrust • They fought for and received section 35 of the patriated Canadian Constitution , which recognized existing Treaty and Aboriginal rights

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