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Joined 3 years ago
Cake day: March 28th, 2024
  • Riverview_Legal@lemmy.catoCanada@lemmy.ca•Kinew says it's time for Canada to abolish the Indian Act
    16·
    3 days ago

    The Indian Act does need to go and most of the statue is colonial bullshit. Something has to replace to it, it could be updated or new treaties, a constitutional amendment, a statute that codifies treaties and how the the Federal government is to interact with Indigenous Peoples.

    For example Treaty 1 and 2 are really simple in the sense that it’s only land swap and payment. It doesn’t deal with natural resources, taxation, infrastructure projects that cross boundary lines, movement of goods and services, etc.

    Section 87 lays out taxation and is very heavily litigated.

    87 (1) Notwithstanding any other Act of Parliament or any Act of the legislature of a province, but subject to section 83 and section 5 of the First Nations Fiscal Management Act, the following property is exempt from taxation:

    (a) the interest of an Indian or a band in reserve lands or surrendered lands; and

    (b) the personal property of an Indian or a band situated on a reserve.

    Section 89 and 80 lays out protections for Indigenous Peoples when it comes to property. This sections mean seem niche however s. 89 and s. 90. have been litigated and have real impacts.

    89 (1) Subject to this Act, the real and personal property of an Indian or a band situated on a reserve is not subject to charge, pledge, mortgage, attachment, levy, seizure, distress or execution in favour or at the instance of any person other than an Indian or a band.

    (1.1) Notwithstanding subsection (1), a leasehold interest in designated lands is subject to charge, pledge, mortgage, attachment, levy, seizure, distress and execution.

    (2) A person who sells to a band or a member of a band a chattel under an agreement whereby the right of property or right of possession thereto remains wholly or in part in the seller may exercise his rights under the agreement notwithstanding that the chattel is situated on a reserve.

    90 (1) For the purposes of sections 87 and 89, personal property that was

    (a) purchased by Her Majesty with Indian moneys or moneys appropriated by Parliament for the use and benefit of Indians or bands, or

    (b) given to Indians or to a band under a treaty or agreement between a band and Her Majesty, shall be deemed always to be situated on a reserve.

    Throwing out the god awful Indian Act and not having something to replace it, is a very terrible idea that will lead to major consequences. Kinew is intelligent, he probably knows know that however he saw a golden opportunity to do some PR with a damn good quote. Kinew’s actions got people talking again about how things have to change. Something the Federal Government acknowledged back in 2014 with the Indian Act Amendment and Replacement Act.

    All I know as an non-Indigenous person is that: Indigenous peoples have been shit on by Governments for centuries, the relationship between Canada and Indigenous Peoples needs to be improved, and the Indian Act is a colonial artifact that has no place in Canada. What ever replaces it, may it be updated or new treaties or whatever definitely needs the buy in Indigenous Peoples.