John Carpay: Any Replacement of the Indian Act Must Avoid Its Inherent Discrimination

Canada’s Indian Act, enacted in 1876, is described as inherently discriminatory for creating a separate legal status based on race or ancestry. In 1969, Prime Minister Pierre Trudeau proposed its abolition to achieve equality before the law, which included repealing race-based laws and dismantling the Department of Indian Affairs within five years. The proposal also involved respecting treaties by allowing aboriginals to sell reserve lands or privatize reserves, and transferring federal authority over “Indians, and Lands reserved for the Indians” to the provinces.

• Canada’s Indian Act, passed in 1876, is inherently discriminatory as it establishes a separate legal status based on race, ethnicity, or ancestry.
• In 1969, Prime Minister Pierre Trudeau proposed abolishing the Indian Act to ensure all Canadians are equal before the law.
• The 1969 proposal, known as the ‘Statement of the Government of Canada on Indian Policy, 1969,’ aimed to repeal harmful race-based laws and policies.
• Key elements of the proposal included dismantling the Department of Indian Affairs within five years, respecting treaties by allowing aboriginals to sell or privatize reserve lands, and transferring federal constitutional authority over “Indians, and Lands reserved for the Indians” to the provinces.
• The proposal was expected to reduce the power and control of local aboriginal leaders.