The historical development of the Indian act

208 Pages·1978·5.649 MB·English

by  Robert G. Moore, John F. Leslie, Ron Maguire

THE HISTORICAL DEVELOPMENT

OF THE

INDIAN ACT

Treaties and Historical Reoeorch Centre,
P.R.E. Group, Indian and Norttrern Affairs
August 1978.
PREFACE

This i s the second edition of-- "The Historical Devoqopment of the
Indian Act," the f i r s t (January 1975) by Kahn-Tineta Mi 1 ler and
George Lerchs , Policy, Planning and Research Branch. Foll owing depletion
of 1 imit ed stocks, the Branch decided that a second edition should be
printed incorporating additional histori cal material. The current
Research Branch contracted Robert G. Moore, a history graduate, to
prepare a draft manuscript. This manuscript was then edited by
John Les 1i e and Ron Maguire, Treaties and Historical Research Centre.
This second edition in corporales el emen ts from both the first edition
and Robert Moore's research.
The purpose of this paper is to acquaint Departmental officials
and researchers with the main themes of Indian policy and legislation
from colonial times. I t i s not intended to be a definitive account, but
rather a guide t o further research, and a stimulus for policy discussion.
It i s not an official Departmental publication but an internal working
paper and the views expressed are not necessarily those of the Department.
A brief word about the organization of this paper. It has two major
.
sections: Pre-Confederation 1755-1867, and Post-Confederation, 1867-1951
The footnotes for each chapter appear at the end of the respective section.
A select bib1l ography 1 ists standard reference works consulted i n prepara-
tion of the paper. An "Administrative Outline o f Indian Affairs", prepared
by the Public Records Divisfon, Public Archives of Canada, i s included
at the beginning to acquaint the reader wit h major changes i n organi za-
tion and personnel. Map selections frm the Territorial Evolution of
Canada (EMR, 1969) appear throughout the text to give the reader some idea
of the geographical areas under discussion.
To further facil it ate the work of researchers key words have been
under1i ned in the body of the text, such as: reserve lands, band member-
ship, elections, etc.. Copies of many o f the references used in the
preparation of this paper are available for review i n the Treaties and
Historical Research Centre.
THE HISTORICAL DEVELOPMENT OF THE INDIAN ACT
Table o f Contents
Preface
Listing of Maps
Administrative Outline - Indian Affairs
Patt Ow - The Pne-ConQedWn Pehiod
Introduction
Chapter One - The Indian Department: 1755-1830
Chapter Two - Indian "Ci vi 1 iz ation" Experiments and Commissions
of Inquiry: 1830-1850
Chapter Three - Indian Protection and Civi 1 ization Legislation:
1850-1867
E ndnotes - Chapter One

Chapter
Two
Chapter Three

Bib l i ography - Pre-Confederation

P a t Tuw - The Podt-Con&dWn Pettiod
Introduction
-
Chapter Four Canadian Indian Policy [ni ti ativ es : 1867-1876
-
Chapter Five Western Affairs and New Legislation: 1876-1886
Chapter Six - 1886-1906: A Period of Disillusion
-
Chapter Seven The Impact o f Irmigration and WWI: 1906-1927
Chapter Eight - Indian Legislation, the Depression and WWII :
1927-1946
Chapter Nine - The Indian Act o f 1951
-
Endnotes Chapter Four
Chapter Five
Chapter Six
Chapter Seven
Chapter Ei gh t
Chapter Nine
Summary
8ib liography - Post-Confederation
-
MAPS
New France
British North America
Bri tish North Ameri ca/Canada 1866 - 1867
Canada
*
A11 maps are from the Territorial Evolution of Canada, produced and
pri nted by the Surveys and Mapping Branch, Department of Energy, Mines
and Resources. CopIes may be obtained frm the Map Distribution Office,
615 Booth Street, Ottawa, Canada. KIA OE9.
ADMf NISTRATIVE OUTLINE - INDIAN AFFAIRS
The fol lowing is a brief administrative resum? outl ining the historical
development of the admini.stration o f Indian Affairs. I t i s not a comprehensive
1i sting of every important event re1 ating to the department's development,
but i s intended as a guide to enable researchers to correlate important legisla-
tive events with a particular departmntal structure or organi zation. Thi s
outl ine was prepared by the Publ i c Records Division, Publ i c Archives of Canada,
and i s reproduced here with their permission.
15 April 1755 - Sir W i l li am Johnson appointed Superintendent o f
Indian Affai rs , Northern Department.
- Jurisdiction over Indian Affairs in the old
Province of Quebec placed under the control of
the Commander of the Forces.
-
Colonel Guy Johnson appointed Superintendent of
.
Indian Affai rs
- Hon. Michael Francklin appointed Superin tendent
of Indian Affairs for Nova Scotia.
-
S i r John Johnson succeeded Colonel Guy Johnson as
Superintendent o f Indian Affairs under the new
title Superin tendent-General of Indian Affai rs and
Inspector General o f the Indian Departmnt.
John Cunningham rep1 aced Michael Franckl in as
Superintendent in Nova Scot ia .
-
Offi ce o f Deputy Superintendent-General created to
assist Sir John Johnson because he was absent so
frequently. Resident agents served under the
Deputy Superintendent.
1796 - Responsibility for Indian Affairs in Upper Canada
given to the Lieutenant-Governor.
-
1800 Responsi bil i ty for Indian Affairs in tower Canada
given to the Governor-General .
-
181 6 Jurisdiction over Indian Affairs in Upper and Lower
Canada transferred to the Commander o f the Farces.
2 August 1828 - Position of Superintendent-General of Indian Affairs
and Inspector General of the Indian Department
abolished and the office of the Chief Superint~ndtwt
of lndian Affairs created (Ms,jor-Gtwkral 11. C. Pat.1 i t ~ q
appointed to this post).
13 April 1830 Indian Department split into two offices.
In Upper Canada control was given to the
Lieutenant-Governor (Colonel James Givins
.
appointed Chief Superintendent) In Lower
Canada control remained wi th the Mi1 it ary
Secretary (Lieutenant-Col one1 D. C. Napier,
former resid ent agent a t Montreal, was
transferred to Quebec and created Secretary
for Indian Affairs). A t this time the reserve
system was establ ished in Upper Canada.
Mith the Union of 1841 the twa offices o f
the Department were amalgamated and placed
under the authority of the Governor-General .
-
Following the recommendation of the Commission
of Inquiry into the Indian Department, 1842, a
general reorgani zation of the Department was
undertaken. The Civi 1 Secretary was designated
as Superi ntenden t-General for Indian Affa irs and
the office o f Chief Superintendent was abol ished.
-
Responsi bil it y for Indian Affairs transferred
from Imperial control to the Province of Canada
(23 Victoria Chap. 151). The Crown Lands Department
assumed control of Indian matters and the Comis sioner
was designated as Chief Superintendent.
-
17 March 1862 Office o f Oeputy Superintendent General created
(O/C 17 March 1862), William S
pragge appointed to
the position.
-
At Confederation control o f Indian matters was
given to the federal government and responsibility
delegated to the Department of Secretary of State
for the Provinces. The Secretary of State became
Superintendent-General o f lndi an Affairs.
- The Departmnt of the Interior was created (36
Victoria Chap. 4) and an Indian Lands Branch set
up within it. A Board of Commissioners was established
to administer Indian affairs i n Manitoba, British Columbia
and the North-Wes t Terri torie s (P. C. 1873-1 11 ) .
-
L. Vankoughnet appointed Oeputy Superintendent-General

of Indian Affairs.
'
- The Indian Boards were abolished and a system of
superintendents and agents established. These were
model 1e d on the Ontario administrative structure
(P. C.
1875-1052/3420). A t this tin^ thc? Victoria,
Fraser, Mani toba and North -ll[rs t. Superir~te ndencies wt1rt3
S C ! ~ul , .
- Indian Act (39 Victoria Chap. 18) passed
which consol idated and revised a1 1 previous
legislation dealing with Indians in all
existing provinces and territories. Board
of Reserve Commissioners set up to settle
the Indian reserve question in British
Columbia.
-
Independent Department of IndS an Affairs
(43 Victoria Chap. 28) was set up. The
Minister of the Interior, however, continued
as Scperin tendent-General o f Indian Af fai rs
and presided over the new department.
-
Central Ii~dianS uperintendency in Ontario
abolished and replaced by the various
agencies a1 ready i n exi stence.
- Four new branches created to revamp the
departwntal structure. These were a
Statistics and School Branch, a Correspondence
Branch, a Registry Branch and a Technical
Branch. The Technical Branch prepared

surveyors' drawings and instructions. These

joined the
older Lands Sales Branch and

Accountant ' s Branch.

-
Oepartment empowered to prepare and register
letters patent conveying Indian lands to
purchasers (49 Victoria Chap. 7). This created
the position of Registrar o f Patents.
-
Two new branches were created. These were the
Land and Timber Branch and the Stati stical,
Supply and School Branch.
-
Hayter Reed was appointed Deputy Superintendent I
of Indian Affairs.
-
In a general effort to improve educational
facilities for Canadian Indlans an independent
School Branch was establ is hed.
-
James A. Smart, Deputy Minister o f the Interior,
was appointed Deputy Superintendent of 1n dian
Affairs. He undertook a general reorganization
of the Department o f Indian Affairs. First of
all a distinct deputy head of the Department

was abolished, the Deputy Minister of the In-

terior
performfng that role. The Indian Comm-
issioner's office in Regina was moved to Winnipeg
and two new inspectorates were added in the
North-West Territories and one in Manitoba. Some
agencies were disbanded and the inspection func-
tion a t Winnipeg assumed by the Commissioner.
At headquarters the admi nistration was reduced
-
to three branches the Secretary's Branch, the
Accountant's Branch and the Lands and Timber
Branch. As we1 1 there was an Inspector o f Indian
Agencies and Reserves and an Inspector of Timber.
-
Frank Pedl ey was appointed Deputy Superi ntendent
o f Indian Affairs, ending the system whereby the
Deputy o f the Interior he1 d that post.
- A medical inspector, Mr. P.H. Bryce, was added
to headquarters ' staff.
-
Position of Chief Surveyor was created.
Revamping departmental structure undertaken by
.
Frank Pedley Several di sti nct branches were

set up t o reflect the expanded nature of the

Department's activities. These were the

Secretary's Branch
(J. D. McLean , Assi stant Deputy
Superintendent and Secretary of the Department) ;
Accountant's Branch (D.C. Scott, Chief Accountant
and Superintendent o f 1n dian Education); Land

and Timber Branch (W.A. Orr, Clerk of Land and

Timber and Registrar of Land Patents); Survey

Branch (S. Bray, Chief Surveyor) ;
Records Branch
(G.M. Matheson, Registrar); and School Branch
(M. Benson, Clerk o f Schools).
-
Royal Commission on Indian Affairs for the Province
of British Co1u mbia appointed.
-
D.C. Scott appointed Deputy Superintendent o f

Indian Affai rs
,
-
Architect 's Branch created at headquarters under
R.M. Ogil vie.
- Report of the Royal Commission on Indian Affairs
for the province of British Columbia completed.
i x .
-
Amendment to lndian Act (14-15 Geo. V. Chap. 47)
bringing Eskimos under the responsibility of
.
the Superintendent-General of Indian Affairs
-
Agreement concluded respecting reserve lands in
Manitoba and A1 berta stipulating that they
would
remain under federal control when these western

provinces assumed control of their natural

resources.
- Dr. H . M. McGi 1 1 appointed Deputy Superintendent-
General of Indian Affairs.
- The Department of Indian Affairs was made a
branch o f the Department of Mines and Resources
(1 Ed. VIII Chap. 33). The lndian Affairs Branch
was placed under Dr. H.W. McGill as Director.

The branch
in cl uded the fo 11 owln g cornponents:

Field
Admini stration (four inspectors, one Indian
Commissioner and one hundred and fifteen agents);
bdlcal We1fare and Training Service (responsi ble
for schools, employment and agricultural projects);
Reserves and Trust Service (responsi ble for 1a nd
matters and timber disposal) ; Records Service
(responsible for current files and historical

.
material )

-
Indian Health Services was transferred from the

Department of Mines and Resources to the Depart-

ment of National Health and Welfare
(P.C. 1945-6495)
A t this time Eskimo Health Services was also
transferred from the responsi bi1 i ty o f the North-
west Territories Division o f Lands, Parks, and
Forests Branch. R,A. Hoey was appointed Director
o f Indian Affairs Branch.
-
The Welfare and Training Division was split into
a We1 fare Division (responsible for welfare,
fami 1 y a1 1 owances, Veteran 's Land Act admin-

istration, and handicrafts) and an Education

Division.

-
Maj. O.M.
MacKay appointed director of Indian
Affairs Branch.
-
Indian Affairs Branch transferred to the Depart-
I
ment
~f Citizenship and Immigration (13 Geo. VI
1
Chap. 16). The administrative structure of the

Branch remained
vir tual I y unchanged. A Cons-

truction and Engineering Service, however, was

created.

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