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. 5 E - . . - . X --- - i