Clauses of the Indian Act

Still in the Indian Act? The Act determines who has Indian Status and who does not, creating status and non-status Indians.

• Yes

• No

Still in the Indian Act? Definition: “person” means an individual other than an Indian.

• Yes

• No

Still in the Indian Act? Definition: “school” includes a day school, technical school, high school and residential school.

• Yes

• No

Still in the Indian Act? Indians who attend university are automatically “enfranchised,” that is, their Indian status is taken away.

• Yes

• No

Still in the Indian Act? Every Indian child between the ages of seven and fifteen years who is physically able shall attend such day, industrial or boarding school as may be designated by the Superintendent General for the full periods during which such school is open each year.

• Yes

• No

Still in the Indian Act? When a Status Indian dies, the government has complete power over his or her will and inheritance: 42. (1) Subject to this Act, all jurisdiction and authority in relation to matters and causes testamentary, with respect to deceased Indians, is vested exclusively in the Minister and shall be exercised subject to and in accordance with regulations of the Governor in Council.

• Yes

• No

Still in the Indian Act? The Minister may apply the monies that would otherwise be payable to a child who is attending residential school to the maintenance of that child at that school.

• Yes

• No

Still in the Indian Act? Anti-Potlatch law: Section 114: Every Indian or person who engages in or assists in celebrating the Indian festival known as the “Potlatch” or the Indian dance known as the “Tamanawas,” is guilty of a misdemeanor, and liable to imprisonment for a term not exceeding six months and not less than two months.

• Yes

• No

Still in the Act? Every person who gets money from an Indian for “raising a fund or providing money for the prosecution of any claim which the tribe or band of Indians to which such Indian belongs... shall be guilty of an offence and liable to a penalty not exceeding two hundred dollars and not less than fifty dollars or to imprisonment for any term not exceeding two months.

• Yes

• No

Still in the Indian Act? The Minister may enter into agreements with religious organizations for the support and maintenance of children who are being educated in schools operated by those organizations.

• Yes

• No