Anti-Racism Learning Toolkit

Based on a viral article, 21 Things You May Not Know About the Indian Act is the essential guide to understanding the legal document and its repercussion on generations of Indigenous peoples, written by a leading cultural sensitivity trainer. The Indian Act, after 141 years, continues to shape, control, and constrain the lives and opportunities of Indigenous peoples, and is at the root of many lasting stereotypes.

The current Status criteria of the Indian Act contains descent-based rules akin to blood quantum that are particularly discriminatory against women and their descendants, which author Pamela Palmater argues will lead to the extinguishment of First Nations as legal and constitutional entities. Beginning with an historic overview of legislative enactments defining Indian status and their impact on First Nations, the author examines contemporary court rulings dealing with Indigenous identity, Aboriginal rights, and the Canadian Charter of Rights and Freedoms. Palmater also examines band membership codes to determine if their reliance on status criteria perpetuates discrimination. She offers changes for determining Indigenous identity and citizenship and argues that First Nations must determine citizenship themselves.

The authors not only investigate the current forms of property rights on reservations but also expose the limitations of each system, showing that customary rights are insecure, certificates of possession cannot be sold outside the First Nation, and leases are temporary. As well, analysis of legislation, court decisions, and economic reports reveals that current land management has led to unnecessary economic losses. The authors propose creation of a First Nations Property Ownership Act that would make it possible for First Nations to take over full ownership of reserve lands from the Crown, arguing that permitting private property on reserves would provide increased economic advantages.

Denied her Indigenous status, Lynn Gehl has been fighting her entire life to reclaim mino-pimadiziwin--the good life. Exploring Anishinaabeg philosophy and Anishinaabeg conceptions of truth, Gehl shows how she came to locate her spirit and decolonize her identity, thereby becoming, in her words, "fully human." Gehl also provides a harsh critique of Canada and takes on important anti-colonial battles, including sex discrimination in the Indian Act and the destruction of sacred places.

Over the last thirty years Canadian policy on aboriginal issues has come to be dominated by an ideology that sees aboriginal peoples as "nations" entitled to specific rights. Indians and Inuit now enjoy legal privileges that include the inherent right to self-government, collective property rights, immunity from taxation, hunting and fishing rights without legal limits, and free housing, education, and medical care. Underpinning these privileges is what Tom Flanagan describes as "aboriginal orthodoxy" - the belief that prior residence in North America is an entitlement to special treatment.

An Indigenous leader who has dedicated her life to Indigenous Rights, Jody Wilson-Raybould has represented both First Nations and the Crown at the highest levels. And she is not afraid to give Canadians what they need most - straight talk on what has to be done to move beyond our colonial legacy and achieve true reconciliation in Canada. In this powerful book, drawn from speeches and other writings, she urges all Canadians - both Indigenous and non-Indigenous - to build upon the momentum already gained or risk hard-won progress being lost. The good news is that Indigenous Nations already have the solutions. But now is the time to act and build a shared postcolonial future based on the foundations of trust, cooperation, recognition, and good governance.

The current framework for reconciliation between Indigenous peoples and the Canadian state is based on the Supreme Court of Canada's acceptance of the Crown's assertion of sovereignty, legislative power, and underlying title. The basis of this assertion is a long-standing interpretation of Section 91(24) of Canada's Constitution, which reads it as a plenary grant of power over Indigenous communities and their lands, leading the courts to simply bypass the question of the inherent right of self-government.

Covering topics such as the Indian Act, the High Arctic relocation of 1953, and the conflict at Ipperwash, Keith D. Smith draws on a diverse selection of documents including letters, testimonies, speeches, transcripts, newspaper articles, and government records. In his thoughtful introduction, Smith provides guidance on the unique challenges of dealing with Indigenous primary sources by highlighting the critical skill of "reading against the grain." Each chapter includes an introduction and a list of discussion questions, and helpful background information is provided for each of the readings.

Through an analysis of thirty-five sources pertaining to the Indian Act-addressing governance, gender, enfranchisement, and land-the authors provide readers with a much better understanding of this pivotal piece of legislation, as well as insight into the dynamics involved in its creation and maintenance.