The Indian Act of Canada
![handle is hein.journals/buflr27 and id is 593 raw text is: THE INDIAN ACT OF CANADA
RICHARD H. BARTLETT=*
INTRODUCTION
The Indian Act of Canada' is the principal instrument through
which federal jurisdiction over Indians and native people has been
exercised during the last one hundred years. It indicates the manner
in which Indian reserves and treaties are administered by the Indian
Affairs Department and the limited control exercised by bands and
band councils. The Act governs 295,000 (1971) Indian people in 565
bands. Insofar as statistics can reveal a style of life, they indicate that
these people are by far the most economically impoverished and socially
disadvantaged group in Canada.
First passed in 1876, the Indian Act was simply a consolidation of
previous legislation. And, in order to understand its role in the law of
Canada governing Indian and native people, it is essential to appreci-
ate the surrounding legislation and jurisprudence. The Royal Procla-
mation of 17632 established the incidents of aboriginal title to land sub-
sequently recognized in Canada. The Indian personal and usufructu-
ary right, after the model outlined by 'the United States Supreme
Court in Johnson v. McIntosh,3 was affirmed by the Privy Council in
St. Catherines Milling and Lumber Co. v. The Queen.4 Imperial and
federal government policy required that extinguishment of aboriginal
title be purchased by treaty, and reserves be set apart for the aboriginal
population. The Constitution of Canada, the British North America
Act of 1867,5 sought to ensure the achievement of such objectives by
providing that Indians and lands reserved for Indians were exclu-
sively within federal jurisdiction.
* LL.B (Leeds), LL.M (Alta.). Member of Saskatchewan Bar. Associate Profes-
sor, College of Law, University of Saskatchewan, Canada. Sessional Lecturer Federation
Indian College, University of Regina, Canada. Chairperson-Elect of AALS section on
Native American Law.
1. CAN. REV. STAT. C. 1-6 (1970).
2. CAN. REV. STAT. app. 1 (1970).
3. 21 U.S. (8 Wheat.) 543 (1823).
4. [1888] 14 App. Cas. 46 (P.C.) (Can.).
5. CAN. Rv. STAT. app. 5 (1970).](ViewImageLocal?handle=hein.journals/buflr27&div=34&collection=&method=preview&ext=.png&size=3)
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