Category: Indigenous

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Private Member’s Bill C-413: Jail Time For Residential School “Denialism”

Leah Gazan, New Democrat M.P. for Winnipeg Centre, has made good on an earlier promise. Bill C-413 has now had First Reading in Parliament. If passed, it would ban “Residential School Denialism”, and people could face prison time for doing so.

In case people still think voting matters — for some reason — let’s differentiate between “left wing” politics and “right wing” politics in Canada. Hopefully, this clears things up.

Left Wing Politics: Jail Time For “Residential School Denialism”

Gazan, who is Jewish, touts the “Never Again” motto as a rationale for bringing in this Bill.

Interestingly, she rails against war crimes committed in the Middle East, by Israel. However, she seems to support the same kind of censorship laws that Zionists do regarding the Holocaust. This appears to involve some mental gymnastics, especially given her enthusiasm for abortion.

Anyhow, this is what she recently contributed:

Criminal Code
1 (1) Section 319 of the Criminal Code is amended by adding the following after subsection (2.‍1):
Willful promotion of hatred — Indigenous peoples

(2.‍2) Everyone who, by communicating statements, other than in private conversation, wilfully promotes hatred against Indigenous peoples by condoning, denying, downplaying or justifying the Indian residential school system in Canada or by misrepresenting facts relating to it
(a) is guilty of an indictable offence and liable to imprisonment for a term not exceeding two years; or
(b) is guilty of an offence punishable on summary conviction.

(2) Subsections 319(4) to (6) of the Act are replaced by the following:
Defences — subsection (2.‍2)
(3.‍2) No person shall be convicted of an offence under subsection (2.‍2)
(a) if they establish that the statements communicated were true;
.
(b) if, in good faith, they expressed or attempted to establish by an argument an opinion on a religious subject or an opinion based on a belief in a religious text;
.
(c) if the statements were relevant to any subject of public interest, the discussion of which was for the public benefit, and if on reasonable grounds they believed them to be true; or
.
(d) if, in good faith, they intended to point out, for the purpose of removal, matters producing or tending to produce feelings of hatred toward Indigenous peoples.

Forfeiture
(4) If a person is convicted of an offence under subsection (1), (2), (2.‍1) or (2.‍2) or section 318, anything by means of or in relation to which the offence was committed, on such conviction, may, in addition to any other punishment imposed, be ordered by the presiding provincial court judge or judge to be forfeited to His Majesty in right of the province in which that person is convicted, for disposal as the Attorney General may direct.

Exemption from seizure of communication facilities
(5) Subsections 199(6) and (7) apply, with any modifications that the circumstances require, to subsection (1), (2), (2.‍1) or (2.‍2) or section 318.

Consent
(6) No proceeding for an offence under subsection (2), (2.‍1) or (2.‍2) shall be instituted without the consent of the Attorney General.

If the text of Bill C-413 looks familiar, it should. It’s identical to Bill C-250. That was introduced in 2022 by “Conservative” Kevin Waugh to criminalize Holocaust denial. More on that later.

Both this Bill, and the one criminalizing Holocaust denial contain a provision that requires consent from the Attorney General to proceed. While this may be viewed as a safety mechanism, it can also mean that politically motivated cases would be filed only.

The Bill allows for the seizure and forfeiture of “anything in relation to the offence”, which presumably refers to computers and cell phones.

Right Wing Politics: Jail Time For “Holocaust Denial”

The text of Bill C-413 is modelled on Bill C-250, which was started by Kevin Waugh. However, the contents of that Bill were eventually incorporated into a budget, so this became irrelevant. As a result, people who “publicly deny the Holocaust” can now be locked up for 2 years.

This wasn’t just Waugh going rogue. The “Conservative” Party of Canada bragged about this being brought in, at least initially. Although the article was scrubbed, an archive of it is still available.

Things didn’t stop there. Yves-François Blanchet and Alexis Brunelle-Duceppe, both part of the Bloc Québécois, introduced Bills C-367 and C-373, respectively. These identical pieces of legislation were aimed at removing the “religious exemption” defence of Holocaust denial.

Back in July 2018, Kevin Waugh took a taxpayer funded trip to Israel. He billed $16,200 for this. It’s apparently commonplace to bring Members of Parliament (and spouses) each year to “foster cultural understanding”. To be fair, it seems to be commonplace that MPs are travelling to other countries at taxpayer expense.

Waugh, Blanchet and Brunelle-Duceppe were all lobbied by CIJA prior to their respective Bills being introduced. This is the Centre for Israel and Jewish Affairs, the Canadian equivalent of AIPAC.

This is the left v.s. right political framework in Canada. There doesn’t seem to be any principled protection or dedication to free speech. Instead, special rules are brought in, depending on the political leanings of the people involved.

Time after time, we are seeing hate speech laws being brought for the protection of a specific group. But, will we ever see any legislation that prohibits the “willful promotion of hatred” against whites? Don’t count on it.

GAZAN’S BILL C-413:
(1) https://www.parl.ca/legisinfo/en/bill/44-1/c-413
(2) https://www.ourcommons.ca/Members/en/leah-gazan(87121)
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-413/first-reading

WAUGH’S BILL C-250:
(1) https://www.parl.ca/legisinfo/en/bill/44-1/c-250
(2) https://www.ourcommons.ca/Members/en/kevin-waugh(89084)
(3) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=521753
(4) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=111&regId=917368&blnk=1
(5) https://www.conservative.ca/mp-waugh-introduces-legislation-to-prohibit-holocaust-denial/
(6) https://archive.ph/fCnNn

BLANCHET’S BILL C-367:
(1) https://www.parl.ca/legisinfo/en/bill/44-1/c-367
(2) https://www.ourcommons.ca/Members/en/yves-francois-blanchet(104669)
(3) https://www.parl.ca/diplomacy/en/groups/cail
(4) https://www.parl.ca/documentviewer/en/IIA/constitution/8385503
(5) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-367/first-reading
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=584234

BRUNELLE-DUCEPPE’S BILL C-373:
(1) https://www.parl.ca/legisinfo/en/overview
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-373
(3) https://www.ourcommons.ca/Members/en/alexis-brunelle-duceppe(104786)
(4) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-373/first-reading
(5) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=592585

Private Member Bills In Current Session:
(1) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(2) Bill C-207: Creating The “Right” To Affordable Housing
(3) Bill C-219: Creating Environmental Bill Of Rights
(4) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(5) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(6) Bill C-235: Building Of A Green Economy In The Prairies
(7) Bill C-245: Entrenching Climate Change Into Canada Infrastructure Bank
(8) Bill C-250: Imposing Prison Time For Holocaust Denial
(9) Bill C-261: Red Flag Laws For “Hate Speech”
(10.1) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(10.2) Bill C-293: Concerns Raised In Hearings Over Food Supplies
(11) Bill C-312: Development Of National Renewable Energy Strategy
(12) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(13) Bill C-367: Removing Religious Exemptions Protecting Against Antisemitism
(14) Bill C-373: Removing Religious Exemptions Protecting Against Antisemitism 2.0
(15) Bill C-388: Fast Tracking Weapons, Energy, Gas To Ukraine
(16) Bill C-390: Expanding Euthanasia Into PROVINCIAL Frameworks
(17) Bills C-398/C-399: Homeless Encampments, Immigration “Equity”
(18) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(19) Bill S-243: Climate Related Finance Act, Banking Acts
(20) Bill S-248: Removing Final Consent For Euthanasia
(21) Bill S-257: Protecting Political Belief Or Activity As Human Rights
(22) Bill S-275: Adding “Sustainable And Equitable Prosperity” To Bank Of Canada Act

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Private Member’s Bill C-245 DEFEATED: Would Entrench Climate Change Into Canadian Infrastructure Bank

Last year a Private Member’s Bill was defeated, and it wasn’t widely reported. This is interesting because of the subject matter, namely, embedding climate change into the agenda of the Canada Infrastructure Bank. This would have allowed the C.I.B. to become even more of a giant slush fund, doling out money for eco causes.

It was introduced February 8th, 2022, by N.D.P. M.P. Niki Ashton of Manitoba. It was soon defeated in Parliament, on June 22nd.

Of course, the usual disclaimer must be added in: just because this particular Bill was defeated, that doesn’t mean it won’t be reintroduced. Nor does it mean that it won’t be embedded into some larger legislation at some point in the future.

1 Section 6 of the Canada Infrastructure Bank Act is replaced by the following:
.
Purpose of Bank
6 The purpose of the Bank is to invest in infrastructure projects in Canada or partly in Canada that are end in the public interest by, for example, supporting conditions that foster climate change mitigation or adaptation, or by contributing to the sustainability of infrastructure in Canada.

3 Section 7 is amended by adding the following after subsection (1):
Priority
(1.‍1) In carrying out the functions set out in subsection (1), the Bank must give priority to:
(a) investments from public institutions, all levels of governments and Northern and Indigenous communities;
(b) infrastructure projects that propose measures aimed at mitigating or adapting to climate change; and
(c) infrastructure projects that are not harmful to the environment.

4 Section 8 of the Act is amended by adding the following after subsection (1):
Membership
(1.‍1) The membership of the Board must include at least
(a) one person recommended by an Indigenous organization that represents the interests of First Nations;
(b) one person recommended by an Indigenous organization that represents the interests of the Inuit; and
(c) one person recommended by an Indigenous organization that represents the interests of the Métis.

Worth noting as well: had this Bill passed in its original form, it would have put racial quotas into the Board of the C.I.B.

  • Canadian Climate Institute
  • Environmental Defence Canada
  • ONE Global (Canada)

Environmental Defence Canada is an interesting group to lobby Parliament. Why? Because Nathaniel Wallace, one of their lobbyists, was a Parliamentary Assistant (part Time) for Niki Ashton. No conflict of interest here.

Again, just because this specific Bill was voted down, that doesn’t mean that it won’t come back in some form. Stay vigilant.

Sources:
(1) https://www.parl.ca/legisinfo/en/bills?page=3
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-245
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-245/first-reading
(4) https://www.ourcommons.ca/Members/en/niki-ashton(36037)
(5) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=536746
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=358871&regId=922011&blnk=1
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=13022&regId=931577

Private Member Bills In Current Session:
(A) Bill C-206: Decriminalizing Self Maiming To Avoid Military Service
(B) Bill C-207: Creating The “Right” To Affordable Housing
(C) Bill C-219: Creating Environmental Bill Of Rights
(D) Bill C-226: Creating A Strategy For Environmental Racism/Justice
(E) Bill C-229: Banning Symbols Of Hate, Without Defining Them
(F) Bill C-235: Building Of A Green Economy In The Prairies
(G) Bill C-250: Imposing Prison Time For Holocaust Denial
(H) Bill C-261: Red Flag Laws For “Hate Speech”
(I) Bill C-293: Domestic Implementation Of Int’l Pandemic Treaty
(J) Bill C-312: Development Of National Renewable Energy Strategy
(K) Bill C-315: Amending CPPIB Act Over “Human, Labour, Environmental Rights”
(L) Bill S-215: Protecting Financial Stability Of Post-Secondary Institutions
(M) Bill S-243: Climate Related Finance Act, Banking Acts
(N) Bill S-248: Removing Final Consent For Euthanasia
(O) Bill S-257: Protecting Political Belief Or Activity As Human Rights

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Little Pushback On Efforts To Criminalize “Residential School ‘Denialism'”

This was announced a few weeks back, and it would have been worth watching to any of the free speech warriors in power challenge this proposal. But that doesn’t seem to be the case.

Last Fall, Winnipeg Member of Parliament Leah Gazan (N.D.P.) pushed a Motion to formally recognize what happened at Residential Schools as a “genocide”. There was no opposition to the Motion, and it appeared to be coordinated between all parties.

However, that apparently wasn’t enough. Now, Gazan is interested in advancing a Bill to make it a hate crime to deny the genocide in the declaration that she helped advance. Presumably this would impact the Human Rights Code of Canada, but could also be applied to the Criminal Code.

NDP MP Leah Gazan, who got the House of Commons last October to unanimously recognize that genocide occurred at residential schools, now wants to take the issue a step further by drafting legislation to outlaw attempts to deny that genocide and make false assertions about residential schools.

“Denying genocide is a form of hate speech,” said Gazan, who represents the riding of Winnipeg Centre.

“That kind of speech is violent and re-traumatizes those who attended residential school.”

Gazan’s proposal is causing controversy, even among those who want the facts about residential schools widely known. But the Office of Crown-Indigenous Relations Minister Marc Miller said he would be interested in reviewing the proposed legislation.

“Residential school denialism attempts to hide the horrors that took place in these institutions,” Miller’s office told CBC News.

This of course flies in the face of the maxim that the best way to counter bad speech is with better speech. It’s unclear whether any such Bill would lead to criminal charges and/or prison sentences for people who violate it.

Gazan’s other legislative efforts include Bill C-223, a guaranteed living income, or U.B.I. She has twice pushed Bill C-232, to create a climate emergency action framework”. She also supports creating a separate notification system for missing Indigenous women. She has also spoken out in favour of decriminalizing sex work (a.k.a. prostitution).

Of course, the precedent for criminalizing “denialism” in Canada has already been set. Kevin Waugh of Manitoba introduced Bill C-250, which would have put Holocaust deniers in prison for up to 2 years.

Far from being shocked by this, the Conservative Party of Canada celebrated efforts by one of their M.P.s to criminalize discussion on a controversial topic. Waugh brought Private Member’s Bill C-250, to do just that. It was ultimately abandoned when near identical provisions were put into Bill C-19, an omnibus budget Bill.

As such, it isn’t really a surprise that the “Official Opposition” isn’t pushing back on efforts to ban denialism of Residential Schools. But will any such legislation actually pass? Who knows?

It’s also uncertain to what degree disagreement would be permitted. It’s not specified whether outright denial would be required to constitute hate speech, or just questioning details within.

(1) https://www.ourcommons.ca/Members/en/Leah-Gazan(87121)
(2) https://twitter.com/LeahGazan/status/1585726302044229632
(3) https://www.cbc.ca/news/politics/should-residential-school-denialism-declared-hate-speech-1.6744100
(4) https://twitter.com/CityNewsTO/status/1628425241717538816
(6) https://toronto.citynews.ca/2023/02/22/red-dress-alert-for-missing-indigenous-women/
(7) https://www.cbc.ca/news/politics/house-motion-recognize-genocide-1.6632450
(8) https://www.parl.ca/legisinfo/en/bill/44-1/c-223
(9) https://www.parl.ca/legisinfo/en/bill/43-1/c-232
(10) https://www.parl.ca/legisinfo/en/bill/43-2/c-232
(11) https://twitter.com/LeahGazan/status/1630956370244542464

HOLOCAUST DENIAL PUNISHABLE BY PRISON TIME:
(1) https://www.parl.ca/legisinfo/en/bills
(2) https://www.parl.ca/legisinfo/en/bill/44-1/c-19
(3) https://www.parl.ca/DocumentViewer/en/44-1/bill/C-19/third-reading
(4) https://www.parl.ca/legisinfo/en/bill/44-1/c-250
(5) https://www.ourcommons.ca/Members/en/kevin-waugh(89084)
(6) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/cmmLgPblcVw?comlogId=521753
(7) https://lobbycanada.gc.ca/app/secure/ocl/lrs/do/vwRg?cno=111&regId=917368&blnk=1
(8) https://twitter.com/Paulatics/status/1537078472820006915
(9) https://sencanada.ca/en/senators/simons-paula/interventions/581135/47#hID
(10) https://www.youtube.com/watch?v=7iNiV2uAsQg&feature=youtu.be

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The Indian Act Of Canada

1. Important Links

CLICK HERE, for the Indian Act, 1985 version.

2. Quotes From Indian Act

Administration
Marginal note:Superintendent general
3 The Minister of Indigenous Services shall be the superintendent general of Indian affairs.
R.S., 1985, c. I-5, s. 32019, c. 29, s. 357

That’s right, the Minister of Indigenous Services will be charge of this group of people. How bad is that, you may ask. Let’s go through it and pick our some of the more disturbing portions of it.

Lands Taken for Public Purposes
.
Marginal note:Taking of lands by local authorities
.
35 (1) Where by an Act of Parliament or a provincial legislature Her Majesty in right of a province, a municipal or local authority or a corporation is empowered to take or to use lands or any interest therein without the consent of the owner, the power may, with the consent of the Governor in Council and subject to any terms that may be prescribed by the Governor in Council, be exercised in relation to lands in a reserve or any interest therein.
.
Marginal note:Procedure
(2) Unless the Governor in Council otherwise directs, all matters relating to compulsory taking or using of lands in a reserve under subsection (1) are governed by the statute by which the powers are conferred.
.
Marginal note:Grant in lieu of compulsory taking
.
(3) Whenever the Governor in Council has consented to the exercise by a province, a municipal or local authority or a corporation of the powers referred to in subsection (1), the Governor in Council may, in lieu of the province, authority or corporation taking or using the lands without the consent of the owner, authorize a transfer or grant of the lands to the province, authority or corporation, subject to any terms that may be prescribed by the Governor in Council.
.
Marginal note:Payment
.
(4) Any amount that is agreed on or awarded in respect of the compulsory taking or using of land under this section or that is paid for a transfer or grant of land pursuant to this section shall be paid to the Receiver General for the use and benefit of the band or for the use and benefit of any Indian who is entitled to compensation or payment as a result of the exercise of the powers referred to in subsection (1).

So much for honouring treaties. Land can be taken by the Federal, Provincial, or Municipal Governments largely at their discretion.

Notice that the money isn’t even paid to the band itself. Instead, it goes to the Receiver General who will act as a Trustee. Way to control the purse strings.

Surrenders and Designations
.
Marginal note:Sales
.
37 (1) Lands in a reserve shall not be sold nor title to them conveyed until they have been absolutely surrendered to Her Majesty pursuant to subsection 38(1) by the band for whose use and benefit in common the reserve was set apart.
.
Marginal note:Other transactions
.
(2) Except where this Act otherwise provides, lands in a reserve shall not be leased nor an interest in them granted until they have been designated under subsection 38(2) by the band for whose use and benefit in common the reserve was set apart.

Surrender to Her Majesty
38 (1) A band may absolutely surrender to Her Majesty, conditionally or unconditionally, all of the rights and interests of the band and its members in all or part of a reserve.
.
Marginal note:Designation
.
(2) A band may, conditionally or unconditionally, designate, by way of a surrender to Her Majesty that is not absolute, any right or interest of the band and its members in all or part of a reserve, for the purpose of its being leased or a right or interest therein being granted.

What a scam. If you actually own your property or land, you can sell it to almost anyone. But here, it must first and foremost be surrendered to the Crown. Guess it is really their land after all.

Conditions — surrender
.
39 (1) An absolute surrender is void unless
.
(a) it is made to Her Majesty;
(b) it is assented to by a majority of the electors of the band
(i) at a general meeting of the band called by the council of the band,
(ii) at a special meeting of the band called by the Minister for the purpose of considering a proposed absolute surrender, or
(iii) by a referendum as provided in the regulations; and
(c) it is accepted by the Governor in Council.
.
Marginal note:Minister may call meeting or referendum
.
(2) If a majority of the electors of a band did not vote at a meeting or referendum called under subsection (1), the Minister may, if the proposed absolute surrender was assented to by a majority of the electors who did vote, call another meeting by giving 30 days’ notice of that other meeting or another referendum as provided in the regulations.
.
Marginal note:Assent of band
.
(3) If a meeting or referendum is called under subsection (2) and the proposed absolute surrender is assented to at the meeting or referendum by a majority of the electors voting, the surrender is deemed, for the purposes of this section, to have been assented to by a majority of the electors of the band.
.
Marginal note:Secret ballot
.
(4) The Minister may, at the request of the council of the band or whenever he considers it advisable, order that a vote at any meeting under this section shall be by secret ballot.
.
Marginal note:Officials required
.
(5) Every meeting under this section shall be held in the presence of the superintendent or some other officer of the Department designated by the Minister.

Interesting way to run a vote. The Minister must be informed of this, new meetings can be called if they don’t like the outcome, and the Minister can order secret ballots. Surprised the votes are stacked with paid off representatives. Seems like a shady way to run a vote.

Descent of Property
.
Marginal note:Powers of Minister with respect to property of deceased Indians
.
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.
.
Marginal note:Regulations
.
(2) The Governor in Council may make regulations providing that a deceased Indian who at the time of his death was in possession of land in a reserve shall, in such circumstances and for such purposes as the regulations prescribe, be deemed to have been at the time of his death lawfully in possession of that land.

Courts may exercise jurisdiction with consent of Minister
.
44 (1) The court that would have jurisdiction if a deceased were not an Indian may, with the consent of the Minister, exercise, in accordance with this Act, the jurisdiction and authority conferred on the Minister by this Act in relation to testamentary matters and causes and any other powers, jurisdiction and authority ordinarily vested in that court.
.
Marginal note:Minister may refer a matter to the court
.
(2) The Minister may direct in any particular case that an application for the grant of probate of the will or letters of administration of a deceased shall be made to the court that would have jurisdiction if the deceased were not an Indian, and the Minister may refer to that court any question arising out of any will or the administration of any estate.

In short, inheritance and wills are to be ruled by the Minister and the Governor in Council. This means that the wishes of the people themselves may very well go unhonoured.

Appeals
Marginal note:Appeal to Federal Court
.
47 A decision of the Minister made in the exercise of the jurisdiction or authority conferred on him by section 42, 43 or 46 may, within two months from the date thereof, be appealed by any person affected thereby to the Federal Court, if the amount in controversy in the appeal exceeds five hundred dollars or if the Minister consents to an appeal.

If you have a problem with how the Minister (or the Ministry) is meddling with your estate or inheritance, you can be expected to take him to Court. With what money? And will the Federal Government oppose any Court action using an army of lawyers?

Mentally Incompetent Indians
.
Marginal note:Powers of Minister generally
.
51 (1) Subject to this section, all jurisdiction and authority in relation to the property of mentally incompetent Indians is vested exclusively in the Minister.
.
Marginal note:Particular powers
.
(2) Without restricting the generality of subsection (1), the Minister may
(a) appoint persons to administer the estates of mentally incompetent Indians;
(b) order that any property of a mentally incompetent Indian shall be sold, leased, alienated, mortgaged, disposed of or otherwise dealt with for the purpose of
(i) paying his debts or engagements,
(ii) discharging encumbrances on his property,
(iii) paying debts or expenses incurred for his maintenance or otherwise for his benefit, or
(iv) paying or providing for the expenses of future maintenance; and
(c) make such orders and give such directions as he considers necessary to secure the satisfactory management of the estates of mentally incompetent Indians.

If the Minister thinks that an Indian is mentally incompetent, then that person’s property can be sold or leased to pay for debts or medical care. This will never be abused.

Money of Infant Children
.
Marginal note:Distributions of capital
.
52.1 (1) The council of a band may determine that the payment of not more than three thousand dollars, or such other amount as may be fixed by order of the Governor in Council, in a year of the share of a distribution under paragraph 64(1)(a) that belongs to an infant child who is a member of the band is necessary or proper for the maintenance, advancement or other benefit of the child.
.
Marginal note:Procedure
.
(2) Before making a determination under subsection (1), the council of the band must
(a) post in a conspicuous place on the reserve fourteen days before the determination is made a notice that it proposes to make such a determination; and
(b) give the members of the band a reasonable opportunity to be heard at a general meeting of the band held before the determination is made.
.
Marginal note:Minister’s duty
.
(3) Where the council of the band makes a determination under subsection (1) and notifies the Minister, at the time it gives its consent to the distribution pursuant to paragraph 64(1)(a), that it has made that determination and that, before making it, it complied with subsection (2), the Minister shall make a payment described in subsection (1) for the maintenance, advancement or other benefit of the child to a parent or person who is responsible for the care and custody of the child or, if so requested by the council on giving its consent to that distribution, to the council.

The Minister is responsible for managing other people’s money. How is this self control and autonomy?

Management of Reserves and Surrendered and Designated Lands
.
Marginal note:Transactions re surrendered and designated lands
.
53 (1) The Minister or a person appointed by the Minister for the purpose may, in accordance with this Act and the terms of the absolute surrender or designation, as the case may be,
(a) manage or sell absolutely surrendered lands; or
(b) manage, lease or carry out any other transaction affecting designated lands.

Departmental employees
.
(3) No person who is appointed pursuant to subsection (1) or who is an officer or a servant of Her Majesty employed in the Department may, except with the approval of the Governor in Council, acquire directly or indirectly any interest in absolutely surrendered or designated lands.

So people in the Department can’t benefit personally off of land given up, unless the Minister approves of it. Sure, no conflict of interest here.

Lease at request of occupant
.
(3) The Minister may lease for the benefit of any Indian, on application of that Indian for that purpose, the land of which the Indian is lawfully in possession without the land being designated.

Land can be leased, but only if the Minister agrees, and only under the terms which the Minister agrees to.

Control over lands
.
60 (1) The Governor in Council may at the request of a band grant to the band the right to exercise such control and management over lands in the reserve occupied by that band as the Governor in Council considers desirable.
.
Marginal note:Withdrawal
.
(2) The Governor in Council may at any time withdraw from a band a right conferred on the band under subsection (1).

So the Governor in Council may allow bands to manage their own lands, but can also withdraw that right at any time. So it isn’t really a right, but rather a privilege.

Management of Indian Moneys
.
Marginal note:Indian moneys to be held for use and benefit
.
61 (1) Indian moneys shall be expended only for the benefit of the Indians or bands for whose use and benefit in common the moneys are received or held, and subject to this Act and to the terms of any treaty or surrender, the Governor in Council may determine whether any purpose for which Indian moneys are used or are to be used is for the use and benefit of the band.

Funny, in another context this sort of behaviour would be considered financial abuse: taking power over other people by controlling their finances.

Loans to Indians
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Marginal note:Loans to Indians
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70 (1) The Minister of Finance may authorize advances to the Minister out of the Consolidated Revenue Fund of such sums of money as the Minister may require to enable him
(a) to make loans to bands, groups of Indians or individual Indians for the purchase of farm implements, machinery, livestock, motor vehicles, fishing equipment, seed grain, fencing materials, materials to be used in native handicrafts, any other equipment, and gasoline and other petroleum products, or for the making of repairs or the payment of wages, or for the clearing and breaking of land within reserves;
(b) to expend or to lend money for the carrying out of cooperative projects on behalf of Indians; or
(c) to provide for any other matter prescribed by the Governor in Council.

Regular Canadians are not subjected to this. Heck, new immigrants in the country are able to get loans and credit far easier than this. This is, again, about financial control.

Farms
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Marginal note: Minister may operate farms
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71 (1) The Minister may operate farms on reserves and may employ such persons as he considers necessary to instruct Indians in farming and may purchase and distribute without charge pure seed to Indian farmers.
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Marginal note:Application of profits
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(2) The Minister may apply any profits that result from the operation of farms pursuant to subsection (1) on reserves to extend farming operations on the reserves or to make loans to Indians to enable them to engage in farming or other agricultural operations or he may apply those profits in any way that he considers to be desirable to promote the progress and development of the Indians.

Under the Indian Act, even farming is controlled by the Minister. Where is the autonomy that we are told there is? This reeks of Stalinist collectivism from the 1930s.

73 (1) The Governor in Council may make regulations
(a) for the protection and preservation of fur-bearing animals, fish and other game on reserves;
(b) for the destruction of noxious weeds and the prevention of the spreading or prevalence of insects, pests or diseases that may destroy or injure vegetation on Indian reserves;
(c) for the control of the speed, operation and parking of vehicles on roads within reserves;
(d) for the taxation, control and destruction of dogs and for the protection of sheep on reserves;
(e) for the operation, supervision and control of pool rooms, dance halls and other places of amusement on reserves;
(f) to prevent, mitigate and control the spread of diseases on reserves, whether or not the diseases are infectious or communicable;
(g) to provide medical treatment and health services for Indians;
(h) to provide compulsory hospitalization and treatment for infectious diseases among Indians;
(i) to provide for the inspection of premises on reserves and the destruction, alteration or renovation thereof;
(j) to prevent overcrowding of premises on reserves used as dwellings;
(k) to provide for sanitary conditions in private premises on reserves as well as in public places on reserves;
(l) for the construction and maintenance of boundary fences; and
(m) for empowering and authorizing the council of a band to borrow money for band projects or housing purposes and providing for the making of loans out of moneys so borrowed to members of the band for housing purposes.

Elsewhere, a lot of these would be considered Municipal or Provincial affairs. It seems the Federal Government has total control over nearly every aspect of people on these reserves.

Elections of Chiefs and Band Councils
Marginal note:
Elected councils
74 (1) Whenever he deems it advisable for the good government of a band, the Minister may declare by order that after a day to be named therein the council of the band, consisting of a chief and councillors, shall be selected by elections to be held in accordance with this Act.
Marginal note:
Composition of council
(2) Unless otherwise ordered by the Minister, the council of a band in respect of which an order has been made under subsection (1) shall consist of one chief, and one councillor for every one hundred members of the band, but the number of councillors shall not be less than two nor more than twelve and no band shall have more than one chief.

So the Minister will not only declare when elections will be, but will in effect determine the size of the Council. Great autonomy here.

Eligibility
75 (1) No person other than an elector who resides in an electoral section may be nominated for the office of councillor to represent that section on the council of the band.
Marginal note:
Nomination
(2) No person may be a candidate for election as chief or councillor of a band unless his nomination is moved and seconded by persons who are themselves eligible to be nominated.

3. Thoughts On The Act

This is shameful. An entire group of people who, rather than enjoying full rights, are essentially wardens of the state who have all their major decisions controlled.

Admittedly, I originally thought the Indian Act was something that had long passed, but that is not the case. And I didn’t know just how pervasive it really was.

This abomination needs to go