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Some Indigenous people in Newfoundland and Labrador support Manitoba Premier Wab Kinew’s call for the abolition of the Indian Act.
They agree the legislation adopted in 1876 should be scrapped, but they want assurances that whatever replaces it will be better.
“Speaking for First Light, the position is that we hope the First Nations groups are able to work with the government to transition away from the Indian Act to something that they believe represents themselves and their people in a more concrete way, while maintaining the same benefits and rights for the people who are First Nations,” said First Light’s knowledge sharing guide Kevin Coffey.
“That’s the hope is that the benefits and rights that people hold onto… that are from the Indian Act, they’re able to maintain those going forward.”
The Indian Act has rippled harm through many generations. It was a tool used to erase cultures and languages. An amendment to the Act in 1920 made attendance at residential schools compulsory for Indigenous children and took them away from their families.
“The language is very clear, like to ‘kill the Indian in the child,'” said Coffey.
The 150-year-old act still governs the relationship Canada has with First Nations and allows the federal government to define who has Indigenous status.
At a late-October meeting of first ministers and Indigenous leaders in Ottawa, Manitoba Premier Wab Kinew held up his own status card and suggested the Indian Act is obsolete and inherently racist.
Wab Kinew holds up his federal Indian Status card at a meeting in Ottawa. (CBC)
“This is a status card and it says your friend Wab Kinew is an Indian within the meaning of the Indian Act. I’m not sure if that lines up with your vision of Canada, that we still have a race-based form of identification in this country, but this is a reality,” he said.
The Labrador Inuit Land Claims Agreement defines Nunatsiavut’s Inuit beneficiaries as members of the Aboriginal people of Labrador who traditionally used and occupied the lands, waters, and sea ice of the region. Beneficiaries cards are different than those of other Indigenous groups.
“I’m Inuit of Nunatsiavut. My card doesn’t say that my identity was dictated by the federal government. It says I belong to a specific group. That’s what made me feel, like, different about the card that I have versus someone who’s First Nations and how they might feel about the card that they possess,” said Coffey.
“The language of the Indian Act is outmoded when it comes to people’s identity and how they feel about their identity. I can understand not wanting to have that language on a card given to you by the federal government.”
Call to ‘get rid’ of Indian Act
Kinew called for sweeping change.
“I think it’s time to abolish the Indian Act. Get rid of the Indian Act. Move past the Indian Act,” he said.
At that same meeting, Prime Minister Mark Carney said he’s open to that idea.
Prime Minister Mark Carney met with Indigenous leaders in late October. (CBC)
“I share his [Kinew’s] view and I’m committed to a process that moves beyond the Indian Act,” he said.
Coffey said First Nations must lead the way if the Act is overhauled or replaced.
“They should have full control over the decisions on where that goes, as long as the people still have access to their … benefits and they still hold on to their rights,” he said.
The demise of The White Paper
The federal government has tried to abolish the Indian Act before. In 1969, then Indian Affairs minister Jean Chretien introduced The White Paper. It proposed giving the federal responsibility of Indigenous affairs to the provinces.
The White Paper was strongly rejected by Indigenous leaders who countered it with what they called “The Red Paper.” The changes proposed in the White Paper were eventually dropped but now some Indigenous leaders say it’s time to try again.
While at least one premier wants to abolish the 150-year-old legislation, leaders at First Light in St. John’s say some caution is needed to ensure Canada still meets its obligations to Indigenous peoples.
“Just because something is difficult I don’t think it means something should be pushed down or further away. I think it is really necessary,” said Coffey.
Kinew also had a message to Indigenous people questioning his call for change.
“Everybody across Canada, let’s get rid of the Indian Act. You have nothing to lose but your chains,” he said.
On the day of the first ministers’ and Indigenous leaders’ meeting, Carney said he agreed with Kinew. He has since qualified that by saying a federal review won’t necessarily lead to the abolition of the Indian Act.
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