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150 years later, why does Canada still have the Indian Act?

The House

About this episode

150 years ago this month, the Indian Act became law — a sweeping piece of legislation that governed almost every aspect of First Nations’ lives — and has long been criticized as unfair, racist and “unquestionably sexist."


On this special edition of The House, Catherine Cullen explores the history of the discriminatory legislation with Bob Joseph, author of 21 Things You Might Not Know about the Indian Act and Janice Makokis, an Indigenous Legal Rights Scholar and associate professor at the University of Windsor Faculty of Law. 


The program also looks at current attempts to reform the Indian Act through Bill S-2, an amendment that would allow status to pass on indefinitely to future generations — eliminating the "second-generation cut-off." Dawn Lavell-Harvard, former national president of the Native Women’s Association of Canada, explains how it would impact her own family, and Kitigan Zibi’s Nick Ottawa explains why First Nations are concerned about an influx of new members without a recent connection to the community. Then columnist and professor Niigaan Sinclair weighs in on whether he thinks the bill will pass.  


Plus, host Catherine Cullen speaks to Chief Councillor John Jack about how the Maa-nulth Treaty on Vancouver Island allowed Huu-ay-aht First Nation to literally burn a copy of the Indian Act fifteen years ago, and why he believes their modern treaty is a model for the future. Then, AFN National Chief Cindy Woodhouse Nepinak adds a final thought on whether the Indian Act can be amended — or scrapped. 


This episode features the voices of:

  • Bob Joseph, author of 21 Things You Might Not Know about the Indian Act
  • Janice Makokis, Indigenous Legal Rights Scholar and associate professor at the University of Windsor Faculty of Law
  • Dawn Lavell-Harvard, former national president of the Native Women’s Association of Canada
  • Chief Jean-Guy Whiteduck, Kitigan Zibi Anishinabeg First Nation
  • Nick Ottawa, Lands, Estates and Membership Administrator at Kitigan Zibi Anishinabeg First Nation
  • Niigaan Sinclair, professor of Indigenous Studies at the University of Manitoba and columnist at the Winnipeg Free Press
  • Chief Councillor John Jack, Huu-ay-aht First Nations
  • Chief Councillor Wilfred Cootes, Uchucklesaht Tribe
  • Music from Eddie Jones Hawlith and Tipinksip Uchucklesaht Hawlith

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150 years later, why does Canada still have the Indian Act?

The House

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