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Lesson 5 of 8Canada, 1945–1982
Unit 4 · Lesson 5 of 8

First Nations, Métis and Inuit Rights, 1945–1982

How federal policy toward First Nations, Métis and Inuit changed and did not change between 1945 and 1982: the 1951 Indian Act revisions, the federal vote, the High Arctic relocation and the sled-dog killings, residential schools and the Sixties Scoop, and how Indigenous organizations defeated the 1969 White Paper, won recognition of Aboriginal title in Calder, negotiated the James Bay and Northern Quebec Agreement and secured section 35 of the Constitution Act, 1982.

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Key things to remember

  1. 1The 1951 Indian Act revisions lifted the bans on ceremonies such as the potlatch and on raising money for land claims, but kept Indian agents, enfranchisement and a rule (s. 12(1)(b)) that took status from women who married non-status men.
  2. 2Inuit gained the federal vote in 1950; status First Nations people gained it without losing status in 1960.
  3. 3The High Arctic relocation (1953 and 1955), the sled-dog killings, the Sixties Scoop and continuing residential schools disrupted families and communities.
  4. 4The White Paper (June 1969) proposed abolishing the Indian Act and Indian status; the Red Paper, Citizens Plus (June 1970), rejected it, and it was withdrawn in 1971.
  5. 5The Calder decision (1973) recognized that Aboriginal title existed in Canadian law; section 35 of the Constitution Act, 1982, recognized and affirmed existing Aboriginal and treaty rights of First Nations, Inuit and Métis.

In October 1966, a twelve-year-old Anishinaabe boy named Chanie Wenjack ran away from the Cecilia Jeffrey residential school in Kenora, Ontario, trying to walk hundreds of kilometres home to his family at Ogoki Post. He died of exposure beside a railway track. His story reached the whole country through a magazine article in 1967, yet residential schools kept operating for decades more. Chanie's death captures the contradiction of this period: Canada was building a welfare state and talking about equal rights, while First Nations, Métis and Inuit still lived under policies designed to control and assimilate them. It was also a period when Indigenous peoples organized nationally, went to court and changed the constitution itself.

Government policy and its harmsRights won or recognized194519501955196019651970197519801951Indian Actrevised: potlatchand Sun Dance banslifted, but womenwho marrynon-status menstill lose statusMarch 31, 1960Status FirstNations win thefederal votewithout losingstatusJune 25, 1969White Paperproposes endingIndian status andrepealing theIndian ActJan 31, 1973Calder case(Nisga'a): theSupreme Courtrecognizes thatAboriginal titleexisted inCanadian law1953 and 1955High Arcticrelocation: about92 Inuit movedfrom Inukjuak andPond Inlet toGrise Fiord andResolute1960s–1980sSixties Scoop:provincial childwelfare agenciesremove manychildren fromtheir families andcommunitiesJune 4, 1970Citizens Plus (theRed Paper), led byHarold Cardinal,defends treatyrights; the WhitePaper is formallywithdrawn in 1971April 17, 1982Section 35:existingAboriginal andtreaty rights ofFirst Nations,Inuit and Métisrecognized andaffirmedThroughout this period residential schools kept operating; the last federally fundedschool closed in 1996.The 1951 Act also gave the provinces jurisdiction over Indigenous child welfare (section88), which opened the way to the Sixties Scoop.
Fig 1First Nations, Métis and Inuit, 1945–1982: Indian Act revisions (1951), the federal vote for status First Nations without losing status (1960), the High Arctic relocation (1953–55), the Sixties Scoop (1960s–80s), the White Paper (1969) and the Red Paper / Citizens Plus (1970), the Calder decision (1973), residential schools still operating, and section 35 of the Constitution Act (1982) recognizing and affirming Aboriginal and treaty rights.

Policy changes, and what stayed the same

PolicyWhat changedWhat stayed the same
Indian Act revisions (1951)After hearings by a Special Joint Committee (1946–1948), the bans on the potlatch, the Sun Dance and other ceremonies were dropped, as was the ban on raising money to pursue land claims; women gained the vote in band electionsIndian agents kept wide powers; enfranchisement continued; a new section 12(1)(b) took status from First Nations women who married men without status, but not from men who married non-status women; a new section made provincial laws apply on reserves
The voteInuit gained the federal vote in 1950; status First Nations people gained it without losing status in 1960 and first voted in the 1962 federal electionSeveral provinces took longer; Quebec was the last province to extend its vote to First Nations, in 1969
Inuit identity discsProject Surname (1968–1971) replaced numbered discs with surnamesOfficials often recorded names inaccurately, and the disc system had lasted about 30 years
Residential schoolsIn 1969 the federal government took over the schools from the churches; some closed and some became residences for students going to public schoolsDozens of schools and residences were still operating in 1970; the last federally run school closed in 1996
Federal policy toward First Nations and Inuit, 1945–1982: change and continuity.

Relocations, the North and child welfare

  • The High Arctic relocation (1953 and 1955): the federal government moved Inuit families from Inukjuak in northern Quebec and from Pond Inlet to Craig Harbour (later Grise Fiord) and Resolute Bay, more than 90 people in all. Officials said there would be better hunting; many historians and the families point to the government's wish to assert Canadian sovereignty in the High Arctic. The families faced months of darkness, unfamiliar land and hunger, and a promise that they could return was not kept. The federal government apologized in August 2010.
  • Other forced moves: many First Nations communities were moved for dams, mines or administrative convenience. In 1956, for example, the Sayisi Dene were moved to the outskirts of Churchill, Manitoba, where many people died in poverty in the following years.
  • Sled-dog killings: between the 1950s and the 1970s, RCMP officers and other officials killed many Inuit sled dogs, often under rules about loose dogs. Without dogs, families could not hunt or travel and were tied to the new settlements. The Qikiqtani Truth Commission documented these events, and the federal government apologized in 2019.
  • The Sixties Scoop: after a 1951 change made provincial laws apply on reserves, provincial child-welfare agencies removed large numbers of First Nations, Métis and Inuit children from their families, especially from the 1960s to the 1980s. More than 20,000 children (estimates vary) were adopted or fostered into mostly non-Indigenous homes in Canada, the United States and overseas, often losing their language, culture and identity. A federal settlement was reached in 2017.

The 1969 White Paper and the Red Paper

On June 25, 1969, Prime Minister Trudeau's government, through Indian Affairs Minister Jean Chrétien, released a White Paper proposing to abolish the Indian Act, the Department of Indian Affairs and Indian status, transfer services to the provinces and treat treaties as historical documents with limited future meaning. The government presented this as equality: First Nations would become citizens like all others. First Nations leaders saw it as assimilation that would erase their nations, their land base and their treaty rights. Cree leader Harold Cardinal attacked it in his 1969 book The Unjust Society, and on June 4, 1970, the Indian Association of Alberta presented its reply, Citizens Plus, known as the Red Paper. It argued that First Nations should have all the rights of other citizens plus the rights guaranteed by treaties and their status as the first peoples. Facing united opposition, the government formally withdrew the White Paper in March 1971.

Two Row Wampum — a Haudenosaunee understandingside by side — neither steers the other’s vesselCanoeHaudenosaunee waysShipEuropean wayseach keeps its own laws and ways, travelling together over timeRelationship view (Two Row)Text-only written viewRecordBeaded belt with oral teachingsWritten documentMeaning lives inThe relationship and what was saidThe exact written wordingOver timeRenewed and revisitedFixed at signingTwo ways of understanding an agreement. The labels describe each view; they do not rank them.
Fig 2Two ways of understanding a treaty: the Haudenosaunee Two Row Wampum, shown as two parallel rows in which a canoe and a ship travel side by side without steering each other, and a table comparing this relationship view with a text-only written view by how the agreement is recorded, where its meaning lives, and whether it changes over time. Citizens Plus defended treaties as living relationships; the White Paper treated them as old documents.
Organizing nationally
The fight against the White Paper built lasting national organizations: the National Indian Brotherhood (1968), led from 1970 by George Manuel and later re-formed as the Assembly of First Nations (1982); the Native Council of Canada for Métis and non-status people (1971); and Inuit Tapirisat of Canada (1971, today Inuit Tapiriit Kanatami). Inuit also helped found the Inuit Circumpolar Conference (1977) linking Inuit in Canada, Alaska and Greenland.

Land, courts and the constitution

EventDateSignificance
Calder decisionJanuary 31, 1973The Nisga'a Nation, led by Frank Calder (who in 1949 became the first First Nations person elected to the British Columbia legislature), asked the Supreme Court to recognize its title to its lands. The Nisga'a lost on a technicality, and the six judges who ruled on title split 3–3 on whether it still existed, but all six agreed that Aboriginal title had existed in Canadian law. Ottawa responded later that year by creating a policy to negotiate comprehensive land claims
James Bay and Northern Quebec AgreementNovember 11, 1975Quebec began a huge hydroelectric project in 1971 without consulting the Cree and Inuit. Led by leaders such as Grand Chief Billy Diamond, they went to court and won a brief injunction (1973). The resulting agreement, often called the first modern treaty, gave money, land rights and self-government powers in exchange for allowing the project
Berger Inquiry1974–1977Justice Thomas Berger heard testimony in Dene, Métis and Inuvialuit communities about a proposed Mackenzie Valley pipeline and recommended a ten-year delay to settle land claims first
Section 35, Constitution Act, 1982Proclaimed April 17, 1982Recognized and affirmed the "existing aboriginal and treaty rights" of the Aboriginal peoples of Canada, defined as the Indian, Inuit and Métis peoples. The section was dropped in the November 1981 federal–provincial deal and restored after Indigenous protests, with the word "existing" added
Turning points in land rights and recognition, 1973–1982.
Loading interactive…
Treaties, Law and Reconciliation Timeline: explore events from the Royal Proclamation of 1763 to 2021 by category, including the 1951 Indian Act revision, the 1960 federal vote, the White Paper and Citizens Plus, the Calder decision and section 35, then test yourself by putting events in order.
First Nations women fight for equality
Section 12(1)(b) of the Indian Act meant that a First Nations woman who married a man without status lost her own status and her right to live in her community, while a man who married a non-status woman passed status on to her. Mary Two-Axe Earley of Kahnawà:ke campaigned against the rule from the 1960s. Jeannette Corbiere Lavell challenged it but lost at the Supreme Court in 1973, and in 1981 the United Nations Human Rights Committee ruled in favour of Sandra Lovelace of Tobique First Nation. Their efforts led to Bill C-31 in 1985 (see Unit 5).
Historical perspective: equality means different things
The White Paper debate turned on two meanings of equality. The government meant treating everyone identically under the same laws. First Nations leaders meant equal rights as citizens plus recognition as distinct nations with treaty rights. When you analyse a policy, ask whose definition of a key word it uses.

Worked examples

Reveal one step at a time and try to beat it to the next line.

Example 1
Analyse why First Nations leaders rejected the 1969 White Paper even though it promised "equality".
Example 2
Explain the causes and consequences of the High Arctic relocation using multiple perspectives.
Example 3
Assess the historical significance of the Calder decision (1973).

Where marks get lost

  • Thinking the 1951 Indian Act revisions ended the Indian Act's control. They removed some bans but kept Indian agents and enfranchisement and added new discrimination against women.
  • Assuming residential schools closed after the Second World War. Dozens were still operating in 1970, and the last federally run school closed in 1996.
  • Treating the White Paper as a pro-Indigenous reform. Its authors described it as equality, but First Nations saw it as assimilation, and it was withdrawn after their opposition.
  • Saying the Nisga'a won the Calder case. They lost on a technicality, but the decision recognized that Aboriginal title existed in law.
  • Forgetting that First Nations, Métis and Inuit experienced different policies. For example, the High Arctic relocation and disc numbers affected Inuit, while the Indian Act applied to status First Nations.

Flashcards 9

1951 Indian Act revisions
High Arctic relocation
Sixties Scoop
White Paper (1969)
+ 5 more

Practice

1
In what year did status First Nations people gain the right to vote in federal elections without losing their status?
2
Put these events in chronological order.
  1. 1The Supreme Court rules in the Calder case
  2. 2The White Paper is released
  3. 3The James Bay and Northern Quebec Agreement is signed
  4. 4The Indian Act is revised and the potlatch ban is dropped
  5. 5Inuit families are relocated to the High Arctic for the first time
  6. 6Status First Nations gain the federal vote
3
What did the 1969 White Paper propose?
4
Match each person to their contribution.
Harold Cardinal
Frank Calder
Mary Two-Axe Earley
George Manuel
Chanie Wenjack
5
Why is the Calder decision considered significant even though the Nisga'a lost the case?
6
What was the name of the Indian Association of Alberta's 1970 reply to the White Paper?
7
What did section 12(1)(b) of the 1951 Indian Act do?
8
What did section 35 of the Constitution Act, 1982, do?
9
Which reason for the High Arctic relocation do many historians and the relocated families emphasize, beyond the official explanation of better hunting?

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