Kimmy Christo Raveendren | October 10, 2022
The Indian Act has proved to be a deeply problematic piece of legislation in Canadian history. This piece of legislation is ridden with flaws, and because of this has greatly hurt the indigenous peoples living in Canada. Some of the laws established in this legislation have caused immense trauma to indigenous peoples of multiple generations. Canada as a country is slowly progressing towards righting the wrongs posed in this piece of legislation. The reasons the Indian Act about the Indigenous people of Canada is inadequate is because of the inequality indigenous status brings about, that Aboriginal people were almost twice as likely as non-Aboriginal people to have been admitted to hospitals. Because indigenous peoples are discriminated against based on descent, and fourthly because it promoted the residential school system.
The Canadian federal legislation, the Indian Act about the Indigenous people of Canada is inadequate firstly because “status Indian persons who complete education, particularly complete university education, achieve higher returns in income outcomes when compared to non-Status Indian people”(1). It is inherently discriminatory because in both these circumstances being a status Indian makes a big difference. This is because it is so easy for an indigenous person to lose their indigenous status. In this light, it makes it hard to retain Indian Status and at the same time reward someone for maintaining it through adversity. This is not an atmosphere that fosters safe learning and protects the rights of indigenous peoples.
The next reason the Indian Act concerning the Indigenous people of Canada is inadequate is that “Aboriginal people were almost twice as likely as non-Aboriginal people to have been admitted to hospital for an ambulatory-care–sensitive condition” (2). This is another example in which being a status Indian makes a difference in receiving healthcare from the government. The main problem with this is that the Indian Act makes it so hard to retain Indigenous status. An example is marriage . If an Indigenous man marries a non-indigenous woman that can keep their status, but if an Indigenous woman marries a non-indigenous man they lose their status. Not to mention the fact that blood is measured as well. Specifically, an “authentic” indigenous bloodline plays a role in status. An individual can lose their status if their parents said one-quarter indigenous, and future generations may not be able to identify as Indigenous.
Another reason the Indian Act concerning the Indigenous people of Canada is inadequate is that “Canada is one of the only nations in the world that continues to use legislation to limit access to services and benefits for Aboriginal peoples based on a decent criterion” (3). This is especially problematic when dealing with the health of indigenous people. Because of their Indian status, certain individuals may not have access to the services they need to recover. It is inherently discriminatory because Indigenous people were the first inhabitants of this land. Therefore, as reflected in history, this is one of the ways colonizers tried to disadvantage them. It parallels a sense of inequality because it is unfair how non-indigenous people can receive access to health care, whereas indigenous people who are the first inhabitants of a region cannot. If Canadian legislation has the right to protect heritage sites, why not its “heritage people.”
The final reason the Indian Act concerning the Indigenous people of Canada is inadequate is that it promoted the residential school system. In the residential school system, “Indigenous children were subject to multiple forms of abuse; to physically inadequate living conditions; and to disconnection from their family, community, and culture” (4). The implementation of such institutions in Canada was to assimilate indigenous people. A policy such as this has no place in this country. Thankfully residential schools in Canada closed in 1996, and this is a great achievement in recognizing the rights and significance of indigenous peoples. With legislation that came to pass such as the Truth and Reconciliation Act, we are now making efforts to write past wrongs done to indigenous people, and acknowledge their significance and existence in Canadian Society. It is also important to note that “existing empirical research relating to intergenerational effects of the IRS system, which is one example of a historically traumatic event experienced by Aboriginal peoples in Canada” (5). The entire residential school system has immensely traumatized generations of indigenous peoples and this needs to be made right.
In conclusion, the reasons the Indian Act concerning the Indigenous people of Canada is inadequate is because of the inequality indigenous status brings about, that Aboriginal people were almost twice as likely as non-Aboriginal people to have been admitted to hospitals, because indigenous peoples are discriminated on based on decent, and fourthly because it promoted the residential school system. The Indian Act is a deeply problematic piece of legislation. However, efforts to mend the damage it caused have been made. And this is important because it reveals that Canada is growing more inclusive as a country . It is no surprise indigenous people have been greatly wrong in the history of this legislation. However, it is vital for Canadian identity that efforts are being made to mend these damaged ties with the Indigenous people of Canada regarding the Indian Act. Because Canada is a place everyone should feel welcomed in.
Bibliography
Bombay, A., Matheson, K., & Anisman, H. (2014). The intergenerational effects of Indian Residential Schools: ImplicationS for the concept of historical trauma. Transcultural Psychiatry, 51(3), 320–338. https://doi.org/10.1177/1363461513503380
Gao, S., Manns, B. J., Culleton, B. F., Tonelli, M., Quan, H., Crowshoe, L., Ghali, W. A., Svenson, L. W., Ahmed, S., & Hemmelgarn, B. R. (2008). Access to health care among status Aboriginal people with chronic kidney disease. Cmaj, 179(10), 1007–1012. https://doi.org/10.1503/cmaj.080063
Gray, A. P., & Cote, W. (2019). Cultural connectedness protects mental health against the effect of historical trauma among Anishinabe young adults. Public Health, 176, 77–81. https://doi.org/10.1016/j.puhe.2018.12.003
Richmond, C. A. M., & Cook, C. (2016). Creating conditions for Canadian aboriginal health equity: The promise of healthy public policy. Public Health Reviews, 37(1), 1–16. https://doi.org/10.1186/s40985-016-0016-5
Sanchez G., R. E. (2020). Does the Indian Act Influence the Income and Education Outcomes of Manitoban Urban Indian People? Aboriginal Policy Studies, 8(2). https://doi.org/10.5663/aps.v8i2.29338
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