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John F. Leslie is a research consultant with Public History Inc. This article is an edited version of his testimony to the House of Commons Standing Committee on Aboriginal Affairs on March 12, 2002.
In 2001 the Minister of Aboriginal Affairs, Robert Nault, announced that the government would be introducing legislation to overhaul the Indian Act. In anticipation of this legislation in February 2002, the House of Commons Standing Committee on Aboriginal Affairs began hearing from various witnesses on issues relating to the Act. For the sake of simplicity, this article uses the term "Indian" throughout. The Constitution states that Canada's Aboriginal Peoples are Indians, Metis and Inuit, but the Indian Act does not apply to Metis and the 1951 Indian Act specifically excludes Inuit from its operation.
The Indian Act is a complex piece of legislation that has evolved in scope, content, and sophistication since about the mid-19[Symbol Not Transcribed] century. The philosophical principles and practices of Indian policy are reflected in the legislation of the period. A couple of points should be kept in mind.
Historically, Indian policy and legislation was devised largely without Indian consent or participation. The 1951 Indian Act was an exception. A more recent example of lack of meaningful consultation was, of course, the 1969 white paper. Both Indian policy and Indian Act legislation were developed by members of the dominant society, and they reflected the views and values of that society in regard to the proper place and role of aboriginal people. There was this constant, lingering Indian question in Canada.
Historical Origins of Indian Policy and Administration
The key historical document in terms of gaining an understanding of the evolution of Canadian Indian policy and legislation was the Royal Proclamation of 1763. The Royal Proclamation set down a policy and procedure for the Crown to acquire, in an orderly fashion, Indian hunting grounds. The Royal Proclamation also affirmed the first major principle of British Indian policy: that Indian people on Indian lands were to be protected from unscrupulous land speculators and traders. Indeed, the land cession treaty system of present-day Ontario and western Canada can be traced back to the Royal Proclamation.
Officials of the Indian Department which was founded in 1755 were expected to be...