Section 6. The 1951 Indian Act and Recent Amendments

Most of the joint committee's recommendations were reflected in the new Indian Act of 1951. Even so, the 1951 Indian Act brought no radical changes to the Indian people. The recommendation that nearly all sections of the Indian Act should be repealed or amended was not followed. Few differences could be noted between the 1857 Act for the Gradual Civilization of the Indian Tribes in the Canadas or the Indian Act of 1951. The philosophy of assimilation persisted. The goal was still for Indians to receive full citizenship with the same rights and responsibilities as those of other citizens. The government had the power to decide whether Indians were ready for these rights. Most important, the legislation carried on the tradition of paternalism. It denied Indian bands the power of self-determination and self-government.

The Act had some positive elements. The government had less control of local affairs on the Reserves. Some cultural restrictions were lifted. Indian ceremonials were allowed and Indians could sell produce and livestock. Indians no longer needed the permission of the Indian agent to attend fairs and rodeos. The bands were given greater autonomy. The jurisdiction of the Minister of Indian Affairs was reduced, although his office still had power to declare that parts of the Act did apply to certain Bands or individual Indians.

In the following years, several amendments were made to the Act. In 1960, Indians finally had the right to vote in federal elections without giving up their exemption from taxation.

In 1985, Bill C-31 amended sections of the Indian Act that were unfair or discriminatory on the basis of sex or race. It restored Indian status and band membership to those who had been excluded. It also gave Bands control over their own membership. Before these revisions, a considerable number of Indian people had unfairly lost their Indian status and band membership under sections of the Act. For example, the wives and children of men who were enfranchised also lost their status and band membership, as did women who married non-Indians.

The provision for the Bands to take control of their band membership allowed Bands to include members who had their status restored. They could also form rules of band membership, and keep band membership lists. However, the government placed certain restrictions on membership rules, and band membership did not necessarily imply Indian status. The Department of Indian Affairs kept the power to review applications for Indian status under Sections 10-16. Band membership increased. There was funding for studies on the effect that the increase in population would have on band programs, services and lands.

Bill C-31 also abolished enfranchisement. It enlarged the by-law powers of Bands to include control of residence of persons living on the Reserve. It increased the Bands' control over physical and social development and to impose by-law fines. By-law powers were also extended to cover prohibition of intoxication and the sale, barter, manufacture, or possession of intoxicants.

Indian legislation has become more cumbersome through the years. Indians are subjected to constant interference in their lives. The government too is finding control of Indian Affairs increasingly difficult and complicated. The federal government has long been trying to extricate itself from the responsibility for Indians and Indian lands. Since 1986, it has been progressing towards negotiations for Indian self-government.

Despite the carefully systematized plan to terminate Indian Nations, they have survived. They have withstood the policies and legislation aimed at divesting them of their lands, political rights and their right to exist as unique cultural groups.

The Shuswap people have always tried to protect their lands and their rights. This began in the early days when miners and settlers encroached on land and property rights. The Shuswap have allied themselves strategically with neighboring Indian Nations throughout their history. They have been active in regional and provincial organizations. Many individuals tenaciously held on to the Shuswap language, values and culture. This reservoir of cultural knowledge is now the basis of a comprehensive cultural retention and enrichment program. There is still a system of government restriction and control. Yet Shuswap bands have made many advances in creating development programs that enhance every sphere of community life.

From time immemorial, the Shuswap have had an identity of themselves as a distinct people with the right to govern and manage their territory, their people and their resources. They have expressed this position in many forms: aboriginal title, land claims, and more currently, Indian self-government. The federal-Indian, federal-provincial debates on Indian self-government continue. At the same time, those Shuswap bands represented by the Shuswap Nation Tribal Council work to define the degree of self-rule, the areas of jurisdiction and the models of government they favor.

Union Of BC Indian Chiefs, Aboriginal Title and Rights, www.ubcic.bc