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KEY QUESTION #1

Answer the following questions using what you've learned from the video about the Indian

Act.

i. Because it is a kind of apartheid, it is a violation of human rights. The Indian Act

infringed on the Canadian Charter of Rights and Freedoms.

ii. Because of its gender bias, the legislation is discriminatory. A status Indian woman who

married a non-Indian man would lose her Indian status, according to the law. If an Indian

guy marries a non-status lady, however, he retains all of his rights. It is a tribal system. It

distinguishes the Indians from other Canadian citizens and thus does not allow

assimilation.

iii. Access to the courts is restricted. A 1927 amendment (Section 141) made it illegal for

any first nation or band to hire a lawyer to file a claim against Canada, and it also made it

illegal for them to raise money to hire a lawyer, punishable by jail.

iv. Exemption from paying taxes. Indians are excluded from paying taxes on two categories

of property under Section 87:

a) an Indian's or a band's interest in reserve or ceded lands; and

b) an Indian's or a band's personal property on a reservation

2. What does the Indian Act allow the Canadian government to do?

 The Indian Act allow the government to take over land


3. In what year was the Indian Act created?

 Indian Act was created in the year 1876.

4. How did the implementation of the Indian Act change life for First Nations

communities?

i. They were given reserves and the powers connected with them

ii. They were given an extended hunting season

iii. They were granted a more limited right to bear arms.

iv. They were given some medical assistance.

v. They were given additional control over the gaming and cigarette industries.

5a. What suggestions does Brazeau make in reference to replacing the Indian Act?

 The government should repair some of colonialism's harm and establish laws that are

more equitable to Indigenous peoples.

 The term "free, prior, and informed consent" should be defined by the government.

 Aboriginal peoples should have the freedom to choose their political position and pursue

their economic, social, and cultural development.

 Aboriginal peoples should be guaranteed of their legal rights.

5b. How would Brazeau's ideas make positive changes for First Nations peoples in

Canada?
 Indigenous peoples and persons are free and equal to all other peoples and individuals,

and they have the right to be free of discrimination in the exercise of their rights,

including discrimination based on their Indigenous origin or identity.

 Aboriginals shall have veto power over their own lands, as well as the right to self-

determination, autonomy, and self-government in areas related to their internal and local

affairs, as well as the means to fund their autonomous activities.

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