Should the Government of Canada Abolish the Indian Act - Article Example

Should the government of Canada abolish the Indian Act? Should the government of Canada abolish the Indian Act? Issue The foremost issue relates to the question whether the government of Canada should abolish the Indian Act. Recommendation The paper fundamentally recommends that the government of Canada should abolish the Indiana Act for various conceivable rationales as outlined below. Background Introduction to the issue The fundamental issue inherently presented for recommendation relates to Indian Act and a possibility of repealing it. Indian Act having existed in Canada for many years essentially defended the rights of First Nation people and granted them a status different from other Canadian society members (Parliament of Canada, 2015). With inherent controversies relating to need for nationhood and unity in Canada, there is urgent need to establish a national policy by first annulling Indian Act. Annulling Indian Act would be imperative in realization of equal distribution of political, economic, and social resources and benefits to both aboriginals and non-aboriginals living within Canadian society. Consequently, the main issue entails need to abolish the Indian Act with the central aim of encouraging sharing of economic, social, and political resources existing within Canadian Society (Montpetit, 2011). Relevant information relating to the issue The history of Indian Act dates back to very many years during the colonial times during treaties negotiations within the west (Canadiana, 2015). As legislation introduced by the existing government in 1876, Indian Act fundamentally had wider influence within the First nations in Canada (Flanagan, Dressay, and Alcantara, 2010). The Act consisted of an assortment of regulations aimed at influencing First Nations individuals who lived throughout Canada. Indian Act accorded huge political, economic, and social authority to Department of Indian Affairs including permission of intervening in various incumbent matters within the society. The Act also accorded authority relating to determination of who amongst Canadian citizens existed as Indians, accessed resources including lands, money, and other imperative economic needs. The foremost aim of the Indian Act related to an inherent responsibility and obligation of guarding the interests of First Nations individuals within the country until they could explicitly integrate within the Canadian society (Canada First People, 2015). After its enactment with the aim of protecting the rights of First Nation people, the Act has undergone tremendous amendments throughout the years. It is notable that Indian Act gave precedence to determination of Indian status including band administration rights, marriage culture, land and resources use. Over the years various events and actions have led to the urgent need of repealing Indian Act including development of white paper debate and the introduction of human right worldwide (AANDC, 2015). Neighboring countries including United States had introduced human rights programs and acceptance equality acts. Moreover, Human activist movements in Canada demanded for equality for all citizens under a common law through abolishing of biased Indian Act. The developments of white paper debates and introduction of human rights movements and equality acts though received with negative criticism by First Nation individuals, remained a remarkable hallmark for the Canadian Society. Besides, the changing role of federal government and constitution mandate towards realization of shared economic, political, and social benefits, there existed pressure to abolish Indian Act. The Act inherently caused divisions amongst aboriginals and non-aboriginals with the later claiming most rights relating to imperative reserves and practicing cultures that discourages unity including intermarriages. For instance, women who got married to whites other than the First Nation people lost Indian Status and other rights. In addition, First Nation individuals who gained educational status similarly lost their Indian Status. The aforementioned cultural practices and restrictions in relation to the advent of globalization and modernism prompted for constitutional change through abolition of Indian Act. Policy Options Essentially, Indian Act is an outdated policy that existed during the colonial period during which individuals within Canadian society did not experience the culture of dynamism and globalization. Current developments relating to introduction of international platforms and mutual coexistence prompt for policy changes with the aim of establishing fundamental radical changes in inherent laws. Such laws would represent interests of people within a sovereign state including Canada. Governed by federal charters and constitution, Canada needs unified governments that do not discriminate between First Nation and non-aboriginals individuals within the society. Policy changes entail fundamental recommendations to existing laws and Acts with the coveted aim of creating dynamism and a revolution. Long time existence of Indian Act in Canada prompts for policy change to match the existing international standards and occurring changes. Radical changes to the existing Indian Act to a more universal and accommodative provision would be imperative in realization of easier governance and interaction amongst Canadian citizens. Existence of Indian bands with related reserve rights and cultural restrictions limits unified association amongst citizens. Due to the urgent need for common Canadian constitution that would represent interest of all citizens there is need for fundamental abolition of the Indian Act. Annulling the Act would enable the Canadian government to establish a more diverse constitution that represents common interest for all citizens. Policy option that entails radical changes in Indian Act would entail enacting of laws that gives equal accordance to all citizens. The new radical policy would allow Canadians to possess equal rights without regard to their history, language, and ethnicity. Such white paper policy would entail enacting accommodative laws that presents Canadian citizens with a unified purpose both socially, politically, and economically. Moreover, the policy option involving radical changes would involve reliving federal government of the inherent responsibility relating to guarding the rights of First Nations people. Such dynamism in the policy would entail repealing of Indian Act to have a federal government that its main concern and mandate involves defending the inherent rights and needs of all Canadian citizens. It is indispensable to note that policy changes that would fundamentally terminate special functions of the federal government in relation to protecting First Nation people would be vital in realization of a common Canadian government. Besides, the policy change would entail radical decentralization of Indian affairs with the main focus of directing them to provincial governments. Within the provincial governments, the decentralized Indian affairs would have liability of administering imperative services to all persons and First Nations communities. Moreover, the contemporary policy change would entail establishing a conceivable standard of terminating existing treaties between the First Nations and Canadian government. Equitable termination of the ancient treaties existing between the aboriginals and Canadian government would be indispensable in realization of a unified governance system that does not give preference to sections of its citizens. Ending the existing treaties would be imperative in realization of a common government system with unified purpose. Moreover, ending the treaties would encourage sharing of available resources including reserves for the First Nation. Adoption of the aforementioned policy changes would be imperious in sealing the widening gap between Canadian society members and the First Nation people. Adopting the policy changes outlined would entail constitutional reforms through effective dialogue between the aboriginals and the rest of Canadian society (Provart, 2015). Effective negotiation during policy reforms would be vital in representation of interests from both parties and finding radical solution or agreement to the existing stalemate. Moreover, a more inclusive negotiation between the aboriginals and the rest of Canadian society members would be imperative in avoiding resistance and protests from either party. Constant resistance and protests that have existed during amendments of Indian Act remained central in discouraging policy changes. However, with dynamic political negotiations between the First Nation and the entire Canadian community, an amicably solution would help annul Indian Act and establish sanity amongst aboriginals and non-aboriginals. It is domineering to note that the aforementioned policy changes would be cost effective to both the government and involved persons. Canadian government would not invest in funding divisive roles that entails governing two independent groups including the First Nations and other citizens. Moreover, implementing a common policy is inherently cheaper than having separate treaties and Acts governing various ethnic groups with a single sovereign state. Recommendation and Arguments As discussed, a conceivable policy recommendation to the Canadian society would involve repealing the Indian Act. Repealing the act would be beneficial both to the Canadian government and to its citizens. Various benefits entail adopting the suggested policy changes to Indian Act. Foremost favorable outcome to annulling the Indian Act relates to need for accountability within Canadian government system (Wawatay, 2012). It is imperative to note that the continued presence of the Act have led to bias win allocation of government resources mostly directed to native reserves. Continued supports to the natives have consequently led to increased poverty amongst non-aboriginals not recognized by the Indian Act. Besides, continued biased allocation of resources to native reserves has led to overdependence of First Nation people to the government. Therefore, repealing the Act would help make Aboriginals more independent by engaging them in productive economic activities than depending on government allocated resources. Moreover, there would be realization of equitable and accountable distribution of state resources to Canadian citizens. Annulling the Act would also stimulate Canadian nation healing process towards realization of a more unified society with an established objective (Russell, 2012). Repealing Indian Act would restore Canadian life by enabling citizens to interact freely and participate in collective nation building without implication including denial of Indian status. For instance, First Nations people would have the social pleasure of marrying whites within or beyond the Canadian society. Moreover, First Nation individuals would have opportunity to undergo modern education system with no associated repercussions. Besides the aforementioned advantageous, having common governance would promote peace and unity amongst Canadian citizens (Scoffield, 2013). Such would remain a possibility through discouraging ethnic, historical, and language affiliations amongst citizens. Eliminating ethnic and historical affiliations amongst citizens would be advantageous in encouraging change and unity. Through repealing of Indian Act, the country would remain under a similar law. Citizens would operate and interact as a single entity. There would be equitable sharing of resources relating to health care, education, and other authoritative economic activities. Moreover, a common law would assist in accommodating minority groups inhabiting Canada as the country focus on nationalism and equitable societal building. Radical changes on the Act would ultimately make it more treasonable to all Canadian citizens who adore their country. Repealing the Indian Act with consequent settlement of land claims would be domineering in establishment of aboriginals’ community. The sections of land owned by the aboriginals would find application in making a unified province. Creating a province from pieces of land owned by the Aboriginals would consequently restore responsibility and decentralized governance amongst the community members. Therefore, the community would realize improved economic growth with elimination of government dependence. It is imperative that adopting the recommended policy changes to Indian Act would have more political and practical benefits that supersede the aforementioned. Though the recommended policy changes would require informed consent and discussion by both the parties governing aboriginals and non-aboriginals, the overall gain would accrue more benefits. In addition, adopting the recommended policy changes would not require increase in taxation but rather shared responsibility amongst citizens towards common purpose of nation building. References Aboriginal Affairs and Northern Development Canada (AANDC). 2015. A History of Indian and Northern Affairs Canada. Web. March 17, 2015. Retrieved from https://www.aadnc-aandc.gc.ca/eng/1314977281262/1314977321448 Canada First People. 2015. Legislation Concerning Canada’s First Peoples. Web. March 17, 2015. Retrieved from http://firstpeoplesofcanada.com/fp_treaties/john_fp33_indianact.html Canadiana. 2015. Aboriginals: Treaties and relations. Web. March 17, 2015. http://www.canadiana.ca/citm/themes/aboriginals/aboriginals8_e.html Flanagan, Thomas., Dressay, André Le and Alcantara, Christopher. (2010). Beyond the Indian Act: Restoring Aboriginal property rights. Montréal: McGill-Queens University Press. Montpetit, Isabelle. July 14, 2011. Background: The Indian Act. CBC News. Web. March 17, 2015. Retrieved from http://www.cbc.ca/news/canada/background-the-indian-act-1.1056988 Parliament of Canada. The Indian Act. Web. March 17, 2015. Retrieved from http://www.parl.gc.ca/Content/LOP/ResearchPublications/prb0912-e.htm Provart, John. 2015. Reforming the Indian Act: First Nations Governance and Aboriginal Policy in Canada. Web. March 17, 2015. Retrieved from https://tspace.library.utoronto.ca/bitstream/1807/17108/1/ILJ-2-Provart.pdf Russell, Paul. October 29, 2012. Todays letters: Is it time to scrap the Indian Act?. National Post. Web. March 17, 2015. Retrieved from http://news.nationalpost.com/2012/10/29/todays-letters-is-it-time-to-scrap-the-indian-act/ Scoffield, Heather. March 17, 2013. Indian Act Should Be Scrapped, Says Canadian Taxpayers Federation. The Huffington Post. Web. March 17, 2015. Retrieved from http://www.huffingtonpost.ca/2013/01/15/indian-act-canada-taxpayers-federation_n_2480122.html Wawatay News. July 19, 2012. Walking to abolish the Indian Act. Web. March 17, 2015. Retrieved from http://www.wawataynews.ca/archive/all/2012/7/19/walking-abolish-indian-act_23154 Read More