It’s pretty conventional that the Indian Act was very racially motivated and thus nothing but legalized racism. When you are selective of a group of people and make laws to exclude and control them, it’s pretty obvious that it’s blatant racism. But yet today in this day and age the Indian Act is still operating.
Of all things which prove this particular point is the Indian agent- this person was about dominating the people; about excluding natives in matters that affected them. Such an arbitrary ruler could control all things about an Indian’s life. An Indian agent could preside over a band meeting and disallow anything the band might pass. An Indian Agent took control away from the people. By the late sixties the Indian Agents were gone.
But power was still in the hands of the government. For example however there appears to be some sway in operations and bands were seemingly given some control: such as making by-laws. However there was an instance where one band attempted to make a speeding by-law, it was knocked down and disallowed. Such a by-law was not something they had in mind rather the by-laws were more of the insignificant type (Noxious weed control or dog by-laws). (See The Dispossessed by Jeffery York)It must be pointed out that the Indian Act is not about giving control to the people but having and taking control. Well all this seems pretty obvious, that moreover much of the Act is discriminatory and over-bearing. We could then ask what Canadian citizen is as controlled as natives are? Or for that matter what citizen would stand for such antics?
But the government is always looking at ways it can avoid its responsibilities. How can they avoid the obvious injustices that occurred? There are two things that come to mind, one is, they can pass the buck so-to-speak, and they can bring a more uniform type of control.
First off, today devolution is occurring where more administrative control are being given to bands, where they have more control over areas such as education, social assistance, ect. However the final say by INAC on the financial aspect is still intact. In some instances INAC is now developing the administrative aspect of native communities. But our communities are not getting better, nor are they becoming effective. Since there is an obvious disconnect this devolution is working against most communities. Now it is not just INAC that is under the gun but now it’s our elected leaders. INAC has effectively put the spotlight on other people. Enter the new Indian Agent, domination and the people are once again kept out.
Okay so you heard this story before, but the second aspect is more interesting. As INAC pushes its administrative measures, we become more like other Canadians. And then there is the individualism that is pervading our communities. Nothing wrong with that but do you see that the more we adapt the more we will have to take our place as insignificant minorities. All this is nice if we took control as a people, and that means not just our elected leadership which seems to be all that happens in Indian Country. Our leaders must make that connection to their people. Let the people be a part of the changes that are occurring.
Clearly self-government is a must; however our present efforts are going to end up where we will essentially be just like other Canadians and in that particular scheme we will succumb to what the majority want: It is not about being completely different, rather keeping our sovereignty. Anybody knows that our circumstance is unique and we need more control and power to be an effective people. We need to come together and tackle the issues like say equality. And we need to get rid of arbitrary rule and know that our real strength lies with all the people.
So this is the thing if we do not take some control of the changes we will have lost our ability to govern our self. Our independence will be like others and we will eventually have no say. It’s never about taking a different position but taking control and the greatest control will only come by way of the people. By keeping things the way they are, our independence is waning. No one will be to blame but the inability to include the people in matters that are important to them. (More on these ideas are found in “Surviving as Indians”: Meno Boldt)
What do we have real leaders that include their people or leaders that can roll in the false power that is ever keeping our people broken and down? There are no Indian Agents only the residue of past ways. Let us forsake arbitrary rule, let us be more than selected leaders, let us keep power in the hands of the people!
Of course this debate is not complete without recognizing that there is some progress being made. Money is coming in, we can make by-laws, and we can make membership codes, we can even choose a traditional council. But after these things and other administrative proclivities, in the end we are still in the Indian Act, we do not have last say, and never will. Barrierie Lake is the most recent example of the controlling aspect of the Act. Gone was their government and in was what the government wanted.
We can also lament that FSIN and AFN lose funding if they get too aggressive and off the mark of what the government wants and that is to give no power. What can the government possibly do if the people and their leaders stick together and make decisions? So rather than fight for ultimate power, we should be growing in power!
I will end this session with a quote: “Today, Indian leaders are presented with the best opportunity yet to empower their people. They can take advantage of the opening provided by the community-based self government process to engage their people in a meaningful process of participatory constitution making. They can take the constitution-making process out of the Hands of DIAND (INAC)and use it for purposes of founding a true Indian government, which will govern at ‘the pleasure of the Indian people.’ Such a process has the potential to yield Indian governments that can serve as a symbol of solidarity, group pride, and loyalty – the essential ingredients of empowerment.” (Boldt:p.162, 1993)
The Indian Agent is gone let’s not bring him back!
