Law Essay

Submitted By jagpreet_74
Words: 1663
Pages: 7
Open Document
Should The Indian Act Be Repealed?

Should The Indian Act Be Repealed?
Jagpreet Singh
Ms.Chaudhry
CLU 3M0
January 12, 2015

Should The Indian Act Be Repealed?

Should the Indian Act Be Repealed? Over the years Aboriginals living in Canada have lost their land, families,traditions, language, and much more due to the Indian Act. The Indian Act was created in 1876 by the Canadian government and this piece of legislation was created to “protect” the land of the First Nations and is the only act involving the First Nation people to still be in place today. The act states that all the first nation land belongs to the crown and the Aboriginals would merely just live on the reserves created on the land.
The Indian Act also states the many restrictions and rules for Aboriginals, rules such as how leaders are to be elected, how the children have to be educated and how real estate is dealt with after the death its resident. The Indian Act lead to one of the most discriminatory acts in Canadian history ,caused by the
Canadian government, which was residential schools. The main goal of these schools were to assimilate
Aboriginal children and have them abandon their traditions and integrate into European culture. Also as a result of the rules of Indian Act, many First nations have been driven into poverty and many have no jobs and have become drug and alcohol addicts. Due to the Indian act of 1876 being restricting, discriminatory and the fact that it is an economic deterrent, it should be repealed. Although the Indian Act had promised to allow the Aboriginals to live freely on their own land, it has not done that. The Indian act, has set many rules for the Aboriginal people causing it to be very restricting, which is why it should be repealed. According to the Indian Act, First Nations are required to get permission from Indian agents, if they want to leave the reserve or sell goods. Indian Agents are people who interact with the First Nations people on behalf of the Canadian government. As stated in, Section 20 subsection 1 of the Indian act, “No Indian is lawfully in possession of land in

Should The Indian Act Be Repealed?

a reserve unless, with the approval of the Minister, possession of the land has been allotted to him by the council of the band.” This goes to show that the Canadian government is taking away the land that rightfully belongs to the Aboriginals and then going and putting restrictions on the land so they are not free to do as they please. Furthermore, the First Nations Governance Act, also known as Bill C­7 was added to the Indian act in 2003, this was meant to allow the First Nations a bit more freedom to do what they wanted to with their government. This bill did in fact provide some government freedom but the bill also stated how and only how the Aboriginal government was allowed to spend the money given to them. This Act further proves that the Indian act does nothing besides restrict the first nations from their constitutional rights, which is why the indian act should be repealed. Additionally, in the
Indian Act, Section 91,subsection 1, it states that Aboriginals are not allowed to obtain property of, unless they are given consent to do so, “91. (1) No person may, without the written consent of the
Minister, acquire title to any of the following property situated on a reserve, namely,
○ (a) an Indian grave house;
○ (b) a carved grave pole;
○ (c) a totem pole;
○ (d) a carved house post; or
○ (e) a rock embellished with paintings or carvings.”
This section states that the first nation people are not allowed to claim the right to certain properties such as a grave house, a grave pole, a totem pole, a house post or a painted or carved rock without authorization from a minister or an Indian agent which shows that there are many restrictions in the
Indian act that prevent Aboriginals from receiving
Show More

Related Documents: Law Essay

Law and Law Reform Essay

Preliminary Legal Studies The Individual and Technology Assessment Task No 2 In class essay | Date Handed Out:6/5/13 | Due Date: 23/5/12 | Weighting: 25% | Total Marks:20 | PREPARATION & SUBMISSION INSTRUCTIONS | Research and general preparation are to be completed in the lead-up to the in-class essay on 23rd May. This will include research time during normal classes. That is, THREE periods will be allocated for preparation, with ONE…

Words 837 - Pages 4

Essay about Law and Law Review

|Carleton University |Department of Law and Legal Studies | Course Outline |Course: | |LAWS & HIST 3305 C & V – Crime and State in History | | | | | |Term:…

Words 7571 - Pages 31

Essay about LAW AND LAW

LOOK nsakncanoaNKNSCKNL;NWNVWLNN Law Misrepresentation Statement 1. Introduction For Harold and Dot to prove that they have been the victims of actionable misrepresentation, three requirements have to be satisfied. First of all, there must a false statement made by Albert; secondly, it must be an assertion of fact rather than a mere expression of opinion; thirdly, it was the representation made by Albert that induced Harold and Dot to enter into the contract. The remedies available to them…

Words 1415 - Pages 6

LAW ESSAY

Explain the categories in broad terms, before comparing and contrasting the nature and characteristics of two specific defences Introduction In the field of Criminal Law, there are a variety of conditions that will tend to negate elements of a crime, known as defences. In civil proceedings and criminal prosecutions under common law, a defendant may raise a defence in an attempt to avoid criminal or civil liability. There are two kinds of defences; failure-of-proof defences and affirmative defences…

Words 846 - Pages 4

Law and California State Law Essay

Dear Andrea, You really must be cautious when linking to other sites. It sounds like you have a lot of ideas for your new company, however, I want to warn you that when linking you must be careful. It is completely legal as long as you do it correctly. It is a great idea to link to already established sites to create knowledge that you are out there. When creating your own website linking can be very beneficial for your company. It can increase advertisement, which consequently increase sales and…

Words 592 - Pages 3

Law essay P2

In the Health and Social Care sector, there is a lot of health and safety legislation. For example, there are laws that deal with injuries at work, fire safety and food safety. This essay will describe the health and safety legislation in Health and Social Care. The Health and Safety at work Act (1974) is one of the main health and safety laws in this sector. Rasheed (2010) says that the law covers all activities at work. The Health and Safety Executive (n.d) explain that the local authorities have…

Words 534 - Pages 3

What Is The Law Essay

An essay on The Law In order to understand our selves, we must first understand The Law. The constantly changing fashionable take on The Law demonstrates the depth of the subject. Until recently considered taboo amongst polite society, there are just not enough blues songs written about The Law. Often it is seen as both a help and a hinderence to socialists, who are likely to form a major stronghold in the inevitable battle for hearts and minds. With the primary aim of demonstrating my considerable…

Words 464 - Pages 2

Constitutional Law Essay

Constitutional Law Revision Essay Question: 1) “It is true to state that the United Kingdom does not have a constitution”. Intro: In this essay I am going to question whether it is correct to say that the United Kingdom does not have a constitution. To establish whether the United Kingdom (UK) does have a constitution or not, I must firstly define the meaning of the term 'constitution'. On oxforddictionaries.com the term constitution is defined as being '. A body of fundamental principles…

Words 925 - Pages 4

What Is Law? Essay

98281511 Laws 110 – Lecturer: Associate Professor John Hopkins Legal System: Research, Writing and Legal Foundations Whatever axiomatic position one wishes to take with regard to the law: Be it, Plato’s embodiment of reason, HLA Hart’s system of rules, Marxist theories of oppression, or Llewellyn’s, “what officials do about disputes”, it does seem as our resource suggests that whatever form law takes, its raison d'être is generally the same;…

Words 810 - Pages 4

Business Law Essay

Business Law assignment John has a valuable antique to be sold and the parties that the he is selling to initially is Monica and then comes Mark. The legal issue that the essay will talk about; is John has any obligation and rights to neither Monica nor Mark and if he does, can he be sued for not selling the antique to one of them. It is deem that neither of them has a contract with John and thus John legally can’t be sued for not selling to either Monica or Mark. On the 1st of June, John negotiated…

Words 1133 - Pages 5