History, asked by Aswiya786, 1 year ago

what is indian act...?​

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Answered by OrdinarySagarPatel
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The Indian Act is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves.[1][2] First passed in 1876 and still in force with amendments, it is the primary document which defines how the Government of Canada interacts with the 614 First Nation bands in Canada and their members. Throughout its long history the Act has been an ongoing subject of controversy and has been interpreted in different ways by both Aboriginal Canadians and non-Aboriginal Canadians. The legislation has been amended many times, including "over twenty major changes" made by 2002.

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Answered by armaanjawandha13
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The Indian Act (An Act respecting Indians, French: Loi sur les Indiens) is a Canadian act of Parliament that concerns registered Indians, their bands, and the system of Indian reserves.[1][2] First passed in 1876 and still in force with amendments, it is the primary document which defines how the Government of Canada interacts with the 614 First Nation bands in Canada and their members. Throughout its long history the Act has been an ongoing subject of controversy and has been interpreted in different ways by both Aboriginal Canadians and non-Aboriginal Canadians. The legislation has been amended many times, including "over twenty major changes" made by 2002.[3]

The Act is very wide-ranging in scope, covering governance, land use, healthcare, education, and more on Indian reserves. Notably, the original Indian Act does two things affecting all indigenous peoples in Canada:

It says how reserves and bands can operate. The Act sets out rules for governing Indian reserves, defines how bands can be created and spells out the powers of "band councils". Bands do not have to have reserve lands to operate under the act.[4]

It defines who is, and who is not recognized as an "Indian". The Act defines a number of types of Indian people who are not recognized as "registered" or "status" Indians and who are therefore denied membership in bands.[4]

The Act's existence is necessitated by the fact that First Nations (historically called "Indians") relate differently to the state because of inherited legal arrangements such as the Royal Proclamation of 1763 and various treaties, and because Canada's constitution specifically assigns indigenous issues to the federal, rather than provincial, governments, by the terms of Section 91(24) of the Constitution Act, 1867. The Act replaced any laws on the topic passed by a local legislature before a province joined Canadian Confederation, creating a definitive national policy on the subject. The Act is not a treaty; it is Canada's legal response to the treaties. Nevertheless, its unilateral nature, imposed on indigenous peoples by the Canadian government in contrast to the treaties, is itself a source of discontent among indigenous peoples in Canada.

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