Free YouTube Transcribe

Video transcript

Legal fictions of the Indian Act

Assembly of Manitoba Chiefs · 1,364 words · 7 min read

Want to search this transcript, jump the video from any line, or download it as TXT, SRT, or VTT?

Open in the transcript tool

Full transcript

0:00hi I'm Derek nepinak and I'm going to

0:01provide a little bit of an overview as

0:03to why the road to Niagara is important

0:06and why we need to have this discussion

0:07now and begin a discussion about the

0:10nation tation relationship and what it

0:12might look like as well as some of the

0:13impetus as to why this this discussion

0:15is important in this day and age and

0:17part of part of this discussion has to

0:20start with recognizing foundational

0:22principles of treaty foundational

0:24principles of respect and relationship

0:25building that may have been found in the

0:271764 Treaty of Niagara I'm going to fast

0:30forward however from

0:321764 when we originally agreed to treaty

0:35when we lived as original people within

0:37the freedoms of who we are we lived

0:39under natural laws from the original

0:41instructions we received as the original

0:42people taking care of the land taking

0:44care of everybody within our communities

0:46and living truly as Nations who took

0:49care of one another within the

0:50Diplomatic environment of the time

0:52that's the conditions that existed in

0:541764 I'm going to fast forward to

0:561867 in the creation of Canada's

0:59Constitution

1:00under Canada's Constitution it broke

1:02down into section 91 and section 92 as

1:06two distinct heads of government section

1:0891 covered federal powers section 92

1:12covers provincial Powers okay under

1:15Section

1:169124 what was created was a head of

1:19power that we call Indians and lands of

1:21reserve for Indians under Section 9124

1:24was created the Indian Act the Indian

1:28Act in

1:281876 was created as a consolidation of

1:33pre-existing Colonial legislation by the

1:35time 1876 ruled around the intent of the

1:38legislation was to terminate the idea of

1:41Indians and lands reserve for Indians

1:44that was the motivation at the time in

1:461876 when this act was

1:48created there was already a number of

1:51people who had been excluded from being

1:53recognized as original people that

1:56process continued with this 1876

1:58manifestation today under Section six of

2:01this Indian

2:04Act are the provisions for creating a

2:07status Indian now when you want to

2:10become a status Indian you actually have

2:12to fill out a piece of paper and you

2:14have to send it into the bureaucracy of

2:17the Department of indigenous Affairs

2:19where the documentation is reviewed by a

2:21bureaucrat sitting in a in a quiet

2:23closed office somewhere in gatau Quebec

2:26now I've heard this many times before

2:28but it is fundamental to the existence

2:31of a Nation for a nation to determine

2:32who its members are so if we're filling

2:34out paperwork and sending it to gatau

2:36Quebec for somebody to make a

2:37determination under Section six of the

2:39Indian Act whether or not that person is

2:41part of a community that to me is not

2:43nationhood so this is one of the biggest

2:46questions we need to ask ourselves as to

2:47whether or not section six is an

2:49appropriate uh containment uh container

2:53for identifying who a status Indian is

2:55that is one of the pieces that we need

2:56to put on the table and I do believe

2:58that the intent of section six is to

3:00keep a definable limit on who can be

3:06defined as a status Indian now in

3:08today's comprehensive claims processes

3:10they're they're maintaining this power

3:13within the Indian Act head within the

3:15within section 9124 to determine who's

3:18who's going to be a status Indian and I

3:20do believe that the intent behind

3:21containing people within that within

3:23that legal fiction is to manage costs as

3:27well as to provide for the

3:29commodification of the indigenous person

3:31because once you can clearly Define who

3:33the status Indian is you can then assign

3:35a number to that status Indian and all

3:38people that carry a status Indian card

3:39are assigned a number and they're

3:41assigned a band and successive

3:43Generations under the provisions of

3:45section

3:46six people are falling off the band list

3:49today we have children and grandchildren

3:51who are being born and they're falling

3:52off the band list okay they're falling

3:54off the Indian register because they're

3:56not qualifying under Section 6 61 or 62

3:59to exclusions now for many years people

4:02have been taking this matter to court

4:03they've been taking it uh all the way up

4:06to the Supreme Court spending millions

4:07of dollars to keep us identified as

4:09status Indians but is that really

4:11something we need to do because what

4:13happened to the original intent of

4:15treaty in

4:171764 the principles of treaty identified

4:20in 1764 also surfaced in the treaties

4:24out in the

4:25west treaty 1

4:28to1 also operate from these fundamental

4:31principles but what we haven't done is

4:33we have not defined our original

4:35freedoms although there's been

4:36statements said that we recognize and

4:39affirm existing Aboriginal rights in

4:41today's Constitution we have not for

4:43ourselves identified clearly and

4:45articulated clearly what our treaty

4:47rights are what our treaty freedoms are

4:49within the context of this Canadian

4:51Colonial superstructure that was created

4:53to keep us contained within the Indian

4:55Act box okay fast forward to 1982

5:001982 Canada's Constitution created

5:02section

5:0535 within section 35 is a recognition

5:08and affirmation of existing Aboriginal

5:10treaty rights okay so what we've done in

5:141982 was we created a line of continuity

5:17that goes all the way back to the

5:20original founding principles of treaty

5:22which tied to the Royal Proclamation of

5:241763 which binds the crown to any future

5:28treaty relationship

5:30and it binds the crown to act honorably

5:33in dealings with existing Aber and

5:35treaty rights so today when you hear

5:38indigenous leadership who are under

5:40treaty talking about the governor

5:42general or the responsibilities of the

5:44crown it's because there's a golden

5:46thread that ties all the way back to the

5:48early treaties to today so in 1982 when

5:52section 35 was

5:53created section 35 identified that

5:56Canada's Aboriginal people include the

5:58Indian the mate and the

6:10Inuit

6:12however the question remains as to who

6:16that Indian is under Section

6:2035 the Indian under Section

6:2335 cannot be the creature of Statute

6:26that was created under the Indian Act it

6:29has to be something different than

6:31what's been created under the Indian Act

6:33system the section 35 Indian remains to

6:36be

6:37defined and it was put on the table as

6:40as an exercise and a discussion in the

6:421980s there was a series of

6:44constitutional conferences which put on

6:46the table the question of

6:48self-government the institution of

6:50self-government can exist but first we

6:53have to Define who that Indian is and

6:55that's going to take each and every one

6:56of us each and every one of us has to

6:58engage that idea from Beyond the

7:00institutions from Beyond Notions of of

7:03job titles whether you're a chief or a

7:05counselor or a Grand Chief you have to

7:07be a person first and we have to Define

7:09as people who this Indian is in section

7:1235 that is the realization I believe of

7:15who we can be going forward that is the

7:17purpose of a Reconciliation framework

7:20that is the purpose of ensuring and

7:22providing a way for our young people and

7:23our future generations to determine who

7:25they are within this Canadian landscape

7:28and I believe that's the unfinished

7:29business that was left from the 1980s

7:31that's the unfinished business that's

7:33spoken of time and time again from

7:34previous leaders and that's the

7:36unfinished business that this new

7:37federal government under Justin Trudeau

7:39is going to have to put on the table and

7:41uh and work with us towards uh the

7:43solutions so that is some of the context

7:46around why we need to have this

7:48discussion today we have an entire

7:50generation of young people that have

7:51grown up since 1982 that have been

7:54forced to go into this section six C uh

7:57status Indian uh container without

8:00without the recognition of who they are

8:02within their original freedoms without a

8:04recognition of how important it is to

8:06work from fundamentals of treaty and it

8:08it is our responsibility now to put this

8:10on the table as a serious and

8:12substantive matter that needs to be

8:13addressed in this generation me which

Recently added transcripts

Browse the whole transcript library

This transcript was generated from the captions YouTube publishes for this video. Get the transcript of any YouTube video atfreeyoutubetranscribe.com, free, unlimited, no sign-up.