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Social welfare aspects and implications of the Indian act Holmes, Alvin Ishmael 1961

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THE SOCIAL WELFARE ASPECTS AND IMPLICATIONS OF THE INDIAN ACT by ALVIN ISHMAEL HOLMES Thesis Submitted i n P a r t i a l F u l f i l m e n t of the Requirements f o r the Degree of MASTER OF SOCIAL WORK i n the School of S o c i a l Work Accepted as conforming to the standard required f o r the degree of MASTER OF SOCIAL WORK School of S o c i a l Work 1961 The U n i v e r s i t y of B r i t i s h Columbia In presenting this thesis in partial fulfilment of the requirements for an advanced degree at the University-i t freely available for reference and study. I further agree that permission for extensive copying of this thesis for scholarly purposes may be granted by the Head of my Department or by his representative. It i s understood that copying or publication of this thesis for financial gain shall not be allowed without my written permission. of British Columb ia, I agree that the Library shall make Department of The University of British Columbia, Vancouver 8, Canada. Date K A ¥ $ . 1 * 1 ^ 1 i i TABLE OF CONTENTS Page Chapter I. S o c i a l Welfare and the Indian Act D e f i n i t i o n of s o c i a l welfare, s o c i a l services and the objective of s o c i a l welfare. S o c i a l respon-s i b i l i t y . H i s t o r y of s o c i a l welfare i n c l u d i n g the Poor Laws of England. The o r i g i n a l Indian Act, h i s t o r i c a l perspective. T r e a t i e s . Dependency. Method and scope of study 1 Chapter I I . C i v i l Rights and Welfare E l i g i b i l i t y Property r i g h t s ; the use of band funds and p r o p e r t i e s . C i t i z e n s h i p r i g h t s ; enfranchisement, p o s i t i o n of women, l i q u o r , appeals. S o c i a l assistance, f a m i l i a l r e s p o n s i b i l i t y , residence requirements, " l e s s e l i g i b i l i t y " , r e l i e f i n kind. C h i l d welfare; pro-v i n c i a l laws, use of r e s i d e n t i a l schools, lack of resources 28 Chapter I I I . Fundamental Services: Education. Health and Housing Education; h i s t o r i c a l background, present s i t u a t i o n , future requirements. Health; e f f e c t s of disease on Indians, population increase, use of experts. Housing; as a p o r t r a y a l of status, housing improvements, need of a planned approach, based on constructive p r i n c i p l e s 62 Chapter IV. New Horizons Two eras, 1876 - 1951» 1951 to the present. New approach required. Indian A f f a i r s personnel; duties and q u a l i f i c a t i o n s , use of experts. Other resources; p r o v i n c i a l and l o c a l governments, voluntary organizations. Indian-Eskimo As s o c i a t i o n , Coquileetza Fellowship. Conclusion 94 Appendix: A. Bibliography. i i i ABSTRACT Because the Indian Act i s c e n t r a l to any di s c u s s i o n of Indian A f f a i r s i n Canada, i t forms the focus of t h i s study. This i s not intended to he a study of law or jurisprudence. I t reviews the welfare implications of the Indian Act i n as ord e r l y a sequence as p o s s i b l e , and applies s o c i a l welfare concepts to the Canadian Indian, which are not yet customarily applied when h i s status i s being evaluated. To do t h i s , i t i s necessary not only to review the present Indian Act, but the o r i g i n a l Indian Act, and appropriate reports, surveys and studies of Indian a f f a i r s from 1875 to the present. I t s primary focus, however, i s on the Indian today who i s looking to f u l l c i t i z e n s h i p as never before. A f t e r an examination of the general background, the method i s to evaluate the property r i g h t s and c i t i z e n s h i p r i g h t s of Indians. An understanding of these r i g h t s i s basic to any study of Indian a f f a i r s . S o c i a l assistance and c h i l d welfare are also perused and compared with e x i s t i n g standards of welfare. Chapter I I I deals with three fundamental s o c i a l s e r v i c e s : education, health and housing. The r e s u l t s i n d i c a t e continuing evidence of what i s , i n e f f e c t , second-class c i t i z e n s h i p f o r the Canadian Indian. In several areas, t y p i c a l services and treatment are below those afforded most other Canadians. Some guides to a new approach are ind i c a t e d , aimed at stimulating under-developed s k i l l s , and enlarging opportunities, which w i l l enable Indians to a t t a i n e q u a l i t y with t h e i r f e l l o w Canadians. i v ACKNOWLEDGEMENTS Gratef u l acknowledgement i s made to Dr. Leonard Marsh, whose advice, consultation and d i r e c t i o n were indispensable i n the completion of t h i s study. Thanks are also extended to the s t a f f of the Indian Commissioner's o f f i c e i n Vancouver f o r t h e i r help and cooperation. To Mr. Bert Marcuse, who checked Chapters I I and I I I , and whose knowledge and i n t e r e s t i n Indian a f f a i r s contributed greatly, s p e c i a l thanks are due. Greatest thanks are due to my wife P h y l l i s , who not only typed f o r me, but served as a constant source of i n s p i r a t i o n and encouragement. THE SOCIAL WELFARE ASPECTS AND IMPLICATIONS OF THE INDIAN ACT CHAPTER I SOCIAL WELFARE AND THE INDIAN ACT Throughout the h i s t o r y of mankind, the term " s o c i a l welfare" has had a plethora of meanings f o r d i f f e r e n t people i n various countries. Within most countries there has also "been a continuous evolution i n the understanding of the term " s o c i a l welfare", as w e l l as i n the p r a c t i c e of s o c i a l welfare. Although i t i s impossible to define s o c i a l welfare i n terms acceptable to a l l , the f ollowing d e f i n i t i o n most c l o s e l y s u i t s the purpose of t h i s study. S o c i a l welfare i s the organized system of s o c i a l services and i n s t i t u t i o n s , designed to a i d i n d i v i d u a l s and groups to a t t a i n s a t i s f y i n g standards of l i f e and health. It aims at personal and s o c i a l r e l a t i o n s h i p s which permit i n d i v i d u a l s the development of t h e i r f u l l c a p a c i t i e s and the promotion of t h e i r well-being i n harmony with the needs of the community.1 This d e f i n i t i o n r e f l e c t s the a t t i t u d e of many persons i n the s o c i a l work pr o f e s s i o n at the present time. Perhaps t h i s goal has not been f u l l y achieved by a l l c i t i z e n s of Canada, 1 Friedlander, W. A., Introduction to S o c i a l Welfare, P r e n t i c e - H a l l , Inc., New York, 1955, P« *+• 2 whether Indian or non-Indian; hut i t i s reasonable to have the same goal i n mind f o r both groups. The s o c i a l services are: ... those organized a c t i v i t i e s that are p r i m a r i l y and d i r e c t l y concerned with the conservation, the pr o t e c t i o n , and the improvement of human resources.^ In s p i t e of the ge n e r a l i t y of t h i s statement, two features are e x p l i c i t l y denoted: the organized q u a l i t y of the serv i c e s , and the concern with human resources. Some examples of s o c i a l service would be: s o c i a l assistance, c h i l d welfare, mental hygiene, p u b l i c health, education and housing. The objective of s o c i a l welfare has been defined by the w r i t e r already quoted as being: ... to secure f o r each human being the economic n e c e s s i t i e s , a high standard of health and decent l i v i n g conditions, equal opportunities with h i s f e l l o w c i t i z e n s , and the highest possible degree of s e l f - r e s p e c t and freedom of thought and act i o n without i n t e r f e r i n g with the same r i g h t s of others.2 The objective of s o c i a l welfare i n part i s achieved i n d i -v i d u a l l y , through work, marriage, etc. I t i s also enabled by such services as improved education, health, housing, 1 Cassidy, H. M., S o c i a l Security and Reconstruction i n Canada, Humphries, Boston, 194-3» P» 15• 2 Loc. c i t 3 e t c . , as well as by the a c t i v i t i e s of s o c i a l work agencies. Welfare started with c h a r i t y and f o r many years was synonymous with i t . Even today, many people think of welfare i n these terms. However, c h a r i t y or humanitarian impulses, as expressed i n human sympathy, have a d i f f i c u l t time i n a so c i e t y s t r a t i f i e d by economic, c l a s s , ethnic, c u l t u r a l or even r e g i o n a l d i f f e r e n c e s . Because of t h i s , modern welfare needs i n e v i t a b l y r e f l e c t s o c i a l as w e l l as i n d i v i d u a l respon-s i b i l i t y . S o c i a l r e s p o n s i b i l i t y has been accepted by c i t i z e n s i n varying degrees. There are two reasons f o r t h i s acceptance. The f i r s t i s that i n d i v i d u a l s , or even groups, do not have the necessary resources at t h e i r d i s p o s a l to meet s o c i a l welfare needs. The second i s because of the kind of s o c i a l welfare problems i n the twentieth century. For example, unemployment has been shown to be an economic and i n d u s t r i a l problem, not a personal s i n . As such, i t becomes the r e s p o n s i b i l i t y of the whole s o c i e t y or nation, and not just of the i n d i v i d u a l s who are unemployed. Concurrently with the increased acceptance of s o c i a l r e s p o n s i b i l i t y , i n t h i s century, has been the widening s i g n i -ficance to the concept of the " s o c i a l minimum". P o l i t i c a l l y , i t may well be in t e r p r e t e d i n terms of the extension of the franchise and other basic c i v i l r i g h t s . Economically, i t i s the basic p r i n c i p l e underlying the attack on poverty. At f i r s t , of necessity, applied to the primary n e c e s s i t i e s of l i v i n g — . indeed only to food — i t has been progres-s i v e l y extended, f o r reasons which are 4 themselves of f i r s t - c l a s s importance — the resources a v a i l a b l e f o r improvement (the n a t i o n a l income, i n modern terms); the conscience, and information, of the community; the extension of the concept of democracy, r e a l l y to include everybody, and changing comprehension of what i s necessary f o r healthy, secure and pro-ductive family l i f e . i S o c i a l welfare i s a dynamic concept, constantly changing according to the needs and desires of the people i n any country. These statements are, i n many ways, merely compi-l a t i o n s and c l a r i f i c a t i o n s of democratic thought and philosophy. Insofar as they are a r e i t e r a t i o n of the b e l i e f s and desires of many Canadians, i n c l u d i n g the s o c i a l work profession, they serve as the basic frame of reference f o r t h i s study. Their force becomes apparent when they are applied to Indians. There are many classes of c i t i z e n s , based on dif f e r e n c e s of race, income, cu l t u r e , environment, etc., among Canadians. There i s a l l too much evidence that most Indians are i n the dis-advantaged s t r a t a . H i s t o r i c a l Background Although the foregoing has e x p l i c i t l y denoted s o c i a l welfare as an organized system, t h i s i s a modern innovation. 1 Marsh, L. C. Dr., "So c i a l Welfare and the S o c i a l Sciences: A Perspective, t t S o c i a l Welfare and the Preservation of Human  Values. W. G. Dixon, ed., J . M. Dent and Sons (Canada) Ltd., Vancouver, 1957 > p. 37* The foregoing discussion of s o c i a l r e s p o n s i b i l i t y i s also based on t h i s a r t i c l e . 5 The evolution of attitude and p r a c t i c e i n s o c i a l welfare i s best seen within i t s h i s t o r i c a l context. Throughout the h i s t o r y of mankind, there have been varying degrees of concern exhibited by s o c i e t i e s f o r t h e i r members. The e a r l y Greeks, Romans and Jews made e f f o r t s to help t h e i r poor. In feuda-l i s t i c times, the feudal l o r d , or the Church, handled i n h i s own way the welfare problems of h i s s e r f s and servants. The breakdown of feudalism and the depletion or seizure of Church property r e s u l t e d i n many welfare problems. Many people, deprived of t h e i r former sources of help, were forced to beg or s t e a l i n order to survive. Vagrancy and mendicancy assumed f r i g h t e n i n g proportions, and many European states adopted repressive and b r u t a l measures to f o r e s t a l l or eliminate these problems. Both the motivations and methods of s o c i a l welfare v a r i e d from humanitarian to punitive expectations and treatment. In England, the f i r s t poor law arose as an aftermath of the "Black Death", the plague which k i l l e d two-thirds of the e n t i r e E n g l i s h population within two years. This caused a severe shortage of labor and consequently, f a r higher wages. To combat t h i s , the Statute of Laborers was enacted i n 134-9 to keep the r u r a l workers on the land and i n t h e i r own p a r i s h . Not u n t i l the sixteenth century were any constructive measures attempted on a governmental l e v e l . Licensed begging was authorized i n 1531, but d i d l i t t l e to a l l e v i a t e the s i t u a t i o n . In 1536, the f i r s t r e l i e f under 6 government auspices occurred, but only as a means of con-t r o l l i n g and encouraging volunteer c o n t r i b u t i o n s . F i n a l l y , i n 1563* Parliament adopted compulsory contributions to finance poor r e l i e f , and i n 1572, a general tax was l e v i e d f o r poor r e l i e f . The l a t t e r statute gave l e g a l sanction to governmental r e s p o n s i b i l i t y to i t s poor. Many statutes were enacted i n England i n an attempt to solve the problem of poor r e l i e f , but the two of most s i g n i f i c a n c e to t h i s study are the Elizabethan Poor Law of 1601, and The New Poor Law of 1834-. The former was p r i m a r i l y an amalgamation of previous poor r e l i e f l e g i s l a t i o n , although i t extended f a m i l i a l r e s p o n s i b i l i t y to grandparents as w e l l as parents. The idea of f a m i l i a l r e s p o n s i b i l i t y was paramount i n the Poor Law, and no person could obtain r e l i e f i f h i s r e l a t i v e s were capable of providing f o r him. Another important feature of t h i s Act was that the l o c a l p a r i s h or community was responsible f o r i t s r e s i d e n t s . This l e d to a s t r i c t formulation and i n t e r p r e t a t i o n of residence requirements. Long periods of time were required to e s t a b l i s h "residence'' i n a l o c a l p a r i s h . Because many parishes were more concerned about the cost of poor r e l i e f than about the needs of i n d i v i d u a l applicants, they r e s i s t e d admitting r e s p o n s i b i l i t y f o r d e s t i t u t e persons. As a r e s u l t of t h i s , many poor people awaited help while parishes disputed r e s p o n s i b i l i t y . Besides t h i s , the free movement of able-bodied laborers was g r e a t l y r e s t r i c t e d . Overtones of these aspects have continued to 7 the present day, and are especially noticeable i n The Indian Act. Between 1601 and 1834 i n Britain there were many attempts to alleviate the situation of the poor. In 1782, an act was passed with the intention of mitigating the harshness of the workhouses, and less rigorous workhouses were proposed for unemployables. Due to war with France, and the changing economic scene, this plan was unsuccessful, and both poorhouses and workhouses became t e r r i b l y overcrowded. An attempt to r e c t i f y this situation resulted i n the most enlightened le g i s l a t i o n of the times. In 1795* a Poor Law amendment allowed assistance to be given to people in their own homes. Unfortunately, this amendment was n u l l i f i e d by the Speenhamland Act, which, while well-intentioned, resulted in a deterioration of conditions. The result of these measures was a minimal improve-ment for the poor, and highly increased taxation to cover poor r e l i e f . The New Poor Law was enacted, i n 1834, more to eliminate corrupt and inept administration, and save money, than to help the poor. This entailed a return to the r i g i d and oppressive measures of the Poor Law of 1601. One means of making r e l i e f so distasteful that the destitute would not apply for help, was the "Principle of Less E l i g i b i l i t y " . Following this principle, poor r e l i e f must always be less than the wages of the lowest wage-earner i n the community. This principle i s s t i l l quite widely applied at the present 8 time i n public assistance practice. It i s based on the theory that people would prefer to l i v e on r e l i e f rather than accept low paid employment. Throughout a l l poor law le g i s l a t i o n one theme i s prominent, and i t seems to have been accepted by the enlightened as well as punitive persons of the times. The theme i s that destitution i s the fault of the individual alone. Karl de Schweinitz, i n commenting on the report which preceded the Poor Law of 1834, said: Poverty was regarded as essentially an indication of moral fault i n the person requiring r e l i e f . He was held very l i t t l e short of exclusively responsible for his condition.... The idea of a social o b l i -gation was not conceived i n the thought of the times.! This attitude dies hard, and i t was not u n t i l 194-8 that England severed the last remaining ti e s to the poor laws, and f u l l y accepted governmental responsibility for citizens i n need. The idea that moral weakness i s the cause of poor social functioning was incorporated i n the laws of the colonies which eventually became Canada and the United States. Even at the present time, there are many individuals i n North America who give l i t t l e credence to the influences of economic or societal changes, which adversely affect the fortunes of 1 de Schweinitz, Karl, England's Road to Social Security, University of Pennsylvania Press, Philadelphia, 194-3, p. 126. 9 people l i v i n g i n the country. There i s s t i l l a stigma attached to the r e c e i p t of p u b l i c assistance as a sign of personal, moral f a i l u r e , although the depression of the 1930's helped to mitigate t h i s a t t i t u d e somewhat. The various statutes and programs active during these 1800*s ind i c a t e d a profound d i s l i k e and d i s t r u s t of g i v i n g r e l i e f i n cash. Many persons received t h e i r r e l i e f e n t i r e l y i n kind, while almost a l l were required to take at l e a s t h a l f of t h e i r r e l i e f i n food, c l o t h i n g or f u e l . This was done f o r two reasons. The f i r s t i s that i t was f e l t that t h i s would he h u m i l i a t i n g enough so that fewer people would apply f o r r e l i e f . The second was that, because poverty was the r e s u l t of moral weakness or depravity, the r e c i p i e n t s of r e l i e f were l i a b l e to squander or waste the money given to them. Few thought them capable of handling t h e i r own a f f a i r s even with help. Another p a r a l l e l , a l b e i t l o o s e l y drawn, can be seen i n the "poor law" view of c i t i z e n ' s r i g h t s . A person i n r e c e i p t of r e l i e f was immediately dis-enfranchised — i n one sense he was no longer a c i t i z e n . Even when he became s e l f -s u f f i c i e n t again, he had to prove himself over a c e r t a i n period of time before he became e l i g i b l e to vote. In England t h i s penalty was abolished s h o r t l y a f t e r World War I, and has not been used since that time. The loosely-drawn p a r a l l e l i s seen i n the Indian Act, where Indians were not given the Federal vote u n t i l March I960 unless they gave up c e r t a i n taxation 10 p r i v i l e g e s . Further to t h i s Indians have the p r o v i n c i a l franchise i n only four of the provinces of Canada. Although Indians were refused the vote f o r d i f f e r e n t reasons, they were s t i l l denied a fundamental democratic r i g h t . H i s t o r i c a l l y , poor law t h i n k i n g i n att i t u d e and approach have been negative. The i n d i v i d u a l has been held responsible f o r h i s s i t u a t i o n , and attempts to change the s i t u a t i o n have been ameliorative, rather than preventive or constructive. Because of the i n d i v i d u a l ' s c o n t r i b u t i o n to h i s condition, h i s family and r e l a t i v e s were expected to accept the r e s p o n s i b i l i t y of h i s care, regardless of t h e i r f e e l i n g s f o r , or t i e with, the i n d i v i d u a l . Since i t was f e l t that kinship r e s p o n s i b i l i t i e s were necessary and warranted, i t followed n a t u r a l l y that l o c a l communities were responsible f o r t h e i r own. The r e s u l t i n g residence requirements l e f t many people with no community to c a l l t h e i r own. Another c o r o l l a r y to the attitude that i n d i v i d u a l s caused t h e i r own problems, was the " p r i n c i p l e of l e s s e l i g i b i l i t y " . Because i t was believed that the poor were lazy, immoral and weak, t h e i r r e l i e f allotments must always be l e s s than the income of the lowest wage earner. I t was f e l t that the poor were inadequate persons, unable or un w i l l i n g to improve, and that the community's r e s p o n s i b i l i t y , i f i t had a r e s p o n s i b i l i t y , was to ensure that the problem was r e l a t i v e l y contained and d i d not get out of hand. In the twentieth century there have been innumerable advances i n p u b l i c a t t i t u d e s towards s o c i a l welfare, even 1 1 though, some poor law thinking i s s t i l l apparent. The com-p l e x i t y of our i n d u s t r i a l s ociety i n North America has re s u l t e d i n a greater recognition of the interrelatedness and interdependency of groups and i n d i v i d u a l s i n day-to-day l i v i n g . The depression of the 1 9 3 0 ' s f o r c i b l y exemplified that poverty and d e s t i t u t i o n could occur as a r e s u l t of forces outside the co n t r o l of the i n d i v i d u a l . The two world wars, and the many advances i n technology and science, i n d i c a t e that parochialism and p r o v i n c i a l i s m are f a s t becoming a thin g of the past. Not only are groups and communities accepting some r e s p o n s i b i l i t y f o r t h e i r own members i n need, but wide-scale plans and programs are c a r r i e d out f o r the be n e f i t of other countries. Examples of the former are p u b l i c assistance programs, c h i l d welfare programs and such c a t e g o r i c a l programs ( i n Canada) as Old Age Assistance, Disabled Persons' Allowances and Old Age Security. The i n t e r e s t and concern f o r the peoples of other countries i s evident i n such undertakings as the Colombo Plan, the Point Pour Program (U.S.A.) and the many programs c a r r i e d out by, or a f f i l i a t e d with, the United Nations. One might ask why "poor law" thinking, something which presumably belongs to the eighteenth century, i s relevant to the present study? There are two basic reasons. One i s that modern s o c i a l welfare, although r a d i c a l l y trans-formed i n the l a s t twenty years i n Canada, s t i l l contains many elements of t h i s type of t h i n k i n g . Some sections of pu b l i c opinion are strongly i n favour of these "poor law" 12 remnants. The other reason i s that Indians, of a l l sections of the Canadian people, s u f f e r from a number of d i s a b i l i t i e s not unlike second-class c i t i z e n s h i p , and the s i t u a t i o n of the eighteenth century pauper. Fortunately, the concept of "poor law t h i n k i n g " no longer r e f l e c t s the desires of the majority of people. Many people, and even nations, believe that i n d i v i d u a l s or groups i n need should be given the opportunity not only to maintain l i f e on a subsistence l e v e l , but to do so on a s a t i s f y i n g and d i g n i f i e d l e v e l . They consider that not only i s t h i s d e s i r a b l e , but that i t i s a r i g h t . The most a r t i c u l a t e , and quite p o s s i b l y most i n f l u e n t i a l , statement i n t h i s regard, i n the twentieth century, has been made by the United Nations i n the Declaration of Human Rights. Although i t i s not necessary to r e i t e r a t e a l l t h i r t y a r t i c l e s of t h i s d e c l a r a t i o n , part of the preamble and A r t i c l e 25 are relevant to the present t h e s i s . The preamble declares: ... the peoples of the United Nations have i n the Charter reaffirmed t h e i r f a i t h i n fundamental human r i g h t s , i n the d i g n i t y and worth of the human person and i n the equal r i g h t s of men and women and have determined to promote s o c i a l progress and , better standards of l i f e i n la r g e r freedom.... One means of a t t a i n i n g t h i s objective i s to see that: 1 United Nations Declaration of Human Rights - Approved by Resolution 21?A (III) of the General Assembly, December 10, 194-8, GAOR II I I, Resolutions (Al 810), pp. 71-77. 13 Everyone has the r i g h t to a standard of l i v i n g adequate f o r the health and w e l l -being of himself, and of h i s family, i n c l u d i n g food, c l o t h i n g , housing and medical care and necessary s o c i a l s e r v i c e s , and the r i g h t to s e c u r i t y i n the event of unemployment, sickness, d i s a b i l i t y , widow-hood, o l d age or other lack of l i v e l i h o o d i n circumstances beyond h i s control.1 A concrete example of how the United Nations have transformed t h e i r words into a c t i o n i s seen i n the mu l t i f a r i o u s Technical Assistance programs and a c t i v i t i e s . Because of these programs many persons i n the world have achieved a higher standard of l i v i n g without l o s s of d i g n i t y . The Indian Act There i s only one Indian Act and one Indian admini-s t r a t i o n i n Canada. Before Confederation, i n addition to the ol d province of Canada, some of the colonies that now form Canada had Indian l e g i s l a t i o n and some administrative organi-z a t i o n f o r Indian a f f a i r s . A f t e r Confederation, the f e d e r a l government consolidated l e g i s l a t i o n i n the Indian Act of 1876. This remained the basic Act, although amended and s i m p l i f i e d , u n t i l 1951» when a new Act came int o f o r c e . The impact of European settlement on Indian culture, and the Indian way of l i f e , has been well documented i n several studies of the Indian-Canadian. However, the author 1 United Nations Declaration of Human Rights, pp. 71-77* 2 See, f o r example, two recent U.B.C. theses. The i n t r o -ductory chapters of each of these deal with Indian problems 14-thinks that these writings and those of others about Indians, as well as Indian l e g i s l a t i o n , seem to be based on a dubious assumption. This assumption i s that one can postulate, with any c e r t a i n t y , the Indian problem as being equally applicable across Canada. Although anthropologists agree that Indians probably come from a common stock, they are not a sing l e race. To begin with, there are ten basic language groups, and these are subdivided i n t o numerous t r i b a l groups with l o c a l d i a l e c t s . Even within the t r i b a l groups, there are widely d i f f e r i n g p h y s i c a l and c u l t u r a l c h a r a c t e r i s t i c s . I f there i s , or was, an element of commonality i n the Indian problem or s i t u a t i o n , i t would have to be considered as a meeting of a number of d i f f e r e n t cultures i n v o l v i n g varying degrees of change i n one or more of these c u l t u r e s . In p r a c t i c e , however, the process of change or adaptation required by the various bands or t r i b e s has been subject to a number of v a r i a b l e s , i n c l u d i n g the a t t i t u d e s of the s e t t l e r s , the temperament and background of the t r i b e s , and the socio-economic influences of the area. The f a c t that some of the Ontario bands were a g r i c u l t u r i s t s before the white s e t t l e r s came, and that the land continued to be used i n t h i s manner; that the B r i t i s h s e t t l e r s and s o l d i e r s accepted them as equals; and that many of these same Indians were able to become s u c c e s s f u l l y acculturated and i n general. Thomson, F. W., The Employment Problems and  Economic Status of the B r i t i s h Columbia Indians, Master of S o c i a l Work Thesis, U n i v e r s i t y of B r i t i s h Columbia, 1951. Toren, C y r i l , Housing and Welfare i n an Indian Community, Master of S o c i a l Work, U n i v e r s i t y of B r i t i s h Columbia, 1956. 15 integrated, i s no coincidence. Two of the pre-conditions which enabled t h i s successful a c c u l t u r a t i o n were the accepting a t t i t u d e s of the non-Indians, and the a b i l i t y to continue a known means of obtaining a l i v e l i h o o d . Not a l l bands or t r i b e s have been so fortunate. Even the Ontario bands have not a l l been successful, and a c e r t a i n amount of the blame can be a t t r i b u t e d to the a t t i t u d e s of the e a r l y l e g i s l a t o r s . There appeared to be a tendency to impute c e r t a i n character-i s t i c s to a l l Indians, and to approach any measures concerning Indians i n a stereotyped manner. Since a g r i c u l t u r e had been a force which made dependent Ontario Indians r e l a t i v e l y inde-pendent, i t was assumed i t should do the same f o r Manitoba Indians. By the same token, i t was argued: I n d u s t r i a l schools are the best adapted f o r Indian c h i l d r e n , and were i t possible to have a l l of them i n such schools, the most-, b e n e f i c i a l and happy r e s u l t s would follow. So runs a statement i n a report from an Indian agent i n Ontario i n 1875* The s i n c e r i t y of the agent need not be doubted; but the words c l e a r l y i n d icate h i s l i m i t e d expectations of the Indians, and they i l l u s t r a t e the approach applied to a l l Indians. Many l e g i s l a t o r s and Indian agents f e l t that not only was a single approach necessary and desirable, but that the 1 Canada, Department of Indian A f f a i r s , Annual Report, 1875» p. 10 . 16 Indians were not capable of much improvement. A few exceptions to this common view can be found. The following statement from an Indian agent i n New Brunswick supports this more optimistic viewpoint. ... i f a commencement could once be made to educate them, there i s nothing to hinder the Indian, i n time, from taking a reasonable position, i n point of c i v i l i z a t i o n , beside his white brother.1 The same agent declared that the moral character of the Indians i n his division was "good, considering their upbringing". The capability of the Indian to change and improve i s accepted i n a similar statement by the Honourable Mr. Laird, Superintendent General of Indian Aff a i r s , i n 1876: Our Indian Legislation generally rests on the principle that the aboriginies are to be kept i n a condition of tutelage and treated as wards or children of the State. The soundness of the principle I cannot admit. On the contrary, I am firmly persuaded that true interests of the aboriginies and of the State alike require that every effort should be made to aid the Red man i n l i f t i n g himself out of his condition of tutelage and dependence, and that ( i t ) i s clearly our wisdom and our duty, through education and every other means, to prepare him for a higher c i v i l i z a t i o n by encouraging him to assume the privileges and responsibilities of f u l l citizenship. In this s p i r i t and with this object the enfran-chisement clauses i n the proposed Indian B i l l have been framed.2 1 Canada, Department of Indian Aff a i r s , Annual Report, 1875, P. 2 7 . 2 Ibid., 1876, p. 14. 17 In line with this optimism, one of the enfranchisement clauses of the Indian Act of 1876 declared that Indians who had attained the position of a doctor, lawyer, minister or gradu-ated from a "University of Learning" were ipso facto enfran-chised. However, outside of the enfranchisement clauses there were few indications of optimism. The mood of the Act can partly he seen i n Section 3, subsection 12, which states: "The term 'person1 means an individual other than an Indian, unless the context clearly requires another construction." That this i s more than a question of terminology i s seen i n the rest of the Act, and i n the annual reports of the Indian agents. In regard to the l a t t e r , a number of the agents did not bother to make an annual report, while others restricted their reports to a brief discussion of the improved liquor situation, and the general quietness i n their area. The Act gave the bands few rights, no control over money matters, and only slight control over the management and sale of timber. This control was included i n Section 26, subsection 3> almost as an aside, dealing with release or surrender of reserves and seems to have been rarely used. This subsection had been deleted by 1906. The chiefs were empowered to frame rules or regulations, subject to confirmation by the Governor i n Council, about certain minor functions on the reserves. It appears that, i n spite of the enfranchisement clauses, the legislators f e l t that the Indians were not capable of handling 18 their own a f f a i r s . This feeling permeated Indian l e g i s l a t i o n for the next seventy-five years i n varying degrees. Treaties It i s common knowledge that many of the tribes or bands negotiated treaties with the Crown. The extent and force of the treaties i s not wholly understood, or accepted, by many Indians and non-Indians. Some bands fe e l that the treaties were negotiated between "nations", and should be of the same force and effect as a treaty between Canada and the United States. Others view them as merely agreements, but agreements where "what they surrendered they cannot recover, (but) what they retained can be encroached upon.""*" There i s much confusion i n the area of treaties, which has resulted i n a distrust of the motivation of the legislators. In this connection the Parliamentary Committee on Indian Affairs recommended i n i t s Report to the Senate and House of Commons (1949) ... that a Commission i n the nature of a Claims Commission be set up, with the least possible delay, to enquire into the terms of a l l Indian treaties i n order to discover and determine definitely and f i n a l l y such rights and obligations as are therein involved and, further, to assess and settle f i n a l l y and i n a just and equitable manner a l l claims or grievances which have arisen thereunder. 1 Indian-Eskimo Association of Canada Brief, prepared for the Parliamentary Committee on Indian A f f a i r s , Ottawa, March I960. 19 Although the judgements of t h i s Claims Commission would never completely s a t i s f y a l l Indians, i t could c l a r i f y a s i t u a t i o n which has been the cause of i l l - f e e l i n g and mistrust f o r many years. To the author's knowledge the Commission has not been established as yet. Although many of these questions can be answered i n the Courts, few of the bands have been w i l l i n g to undertake the f i n a n c i a l commitments to obtain a r u l i n g . However, i n 1959 a segment of the Six Nations Indians i n Ontario pro-tested a surrender of reserve lands, and obtained a judgement i n the Ontario Supreme Court. On September 3 , 1959 J u s t i c e J. M. King concluded: ... that since the Six Nations Indians, i n accepting the lands assigned them, had put themselves under the p r o t e c t i o n of the Crown, they 'owed allegiance to the Crown -, and thus became subjects of the Crown'.... This judgement has not been taken to the Supreme Court of Canada, and w i l l undoubtedly influence the decisions of other cases on the same subject. I t i n f e r s that the t r e a t i e s are merely agreements, and are f i n a l only i n s o f a r as i t pleases the Crown to l e t them remain f i n a l . Many bands w i l l surely disagree with t h i s judgement. Whether they w i l l take a c t i o n i n respect to i t remains to be seen. 1 Wilson, Edmund, Apologies to the Iroquois, Farrar, Straus and Cudahy, New York, I960, p. 268. 20 Dependency It has been asserted by many people that dependency i s a t r a i t so ingrained i n the Indian p e r s o n a l i t y , that any attempts to help them become s e l f - s u f f i c i e n t or independent are s e l f - d e f e a t i n g . I t i s t h e i r t h e s i s that the only s o l u t i o n to the Indian problem i s to a b o l i s h the reserve system, with a l l Indian p r i v i l e g e s , q u a l i f i c a t i o n s and d i s q u a l i f i c a t i o n s , and demand that Indians take t h e i r places as ordinary Canadian c i t i z e n s . That t h i s d r a s t i c s o l u t i o n has not been espoused by any of the experts i n Indian a f f a i r s i s s i g n i f i c a n t . Those knowledgeable i n the problems of Indians are keenly aware of the complexity of the problems, and are probably the l a s t to claim that any panacea i s a v a i l a b l e . The question of dependency continues to concern many persons v i t a l l y i n t e r e s t e d i n Indians. I f many Indians are dependent, how can they be helped to throw o f f the cloak of dependency and take advantage of the opportunities a v a i l a b l e to them? I f more opportunities are made av a i l a b l e to Indians, w i l l t h i s only i n t e n s i f y t h e i r already dependent nature? A more sop h i s t i c a t e d view i s : have Indians always been dependent, or has t h i s t r a i t been fostered and generated by the non-Indian people of North America? His t o r i a n s and anthropologists a l i k e a t t e s t to the s e l f - s u f f i c i e n c y of Indian t r i b e s p r i o r to the advent of the white s e t t l e r s . Diamond Jenness, w r i t i n g i n 1932, argued that 21 dependency arose i n the economic sphere, when the Indians were forced to adopt new means of subsistence. ... a l l a l i k e found themselves i n e x t r i c a b l y enmeshed i n the economic system forced upon them from without.1 The o l d means of making a l i v i n g were no longer a v a i l a b l e to them, and they became more and more dependent on the help of the whites. While the economic system of the Indians was breaking down, t h e i r s o c i a l system was also being attacked. Missionaries fought t h e i r taboos and s u p e r s t i t i o n s , others ignored them with impunity and others used them against the Indians. Diseases decimated and demoralized them, and also cast doubts on the effectiveness of t h e i r r e l i g i o n . Many of the t r i b e s thus l o s t t h e i r u n i f y i n g l i n k , and became apathetic and discouraged. The process of adaptation was too d i f f i c u l t and too sudden f o r many of the Indians, and they put them-selves completely i n the hands of the whites. This i n d i c a t e s , as Jenness points out, that: ... success and f a i l u r e i n adaptation depend only p a r t l y on the external conditions, p a r t l y , also, on psychological f a c t o r s that are not e a s i l y recognized or c o n t r o l l e d . 2 Hot only d i d the Indians become economically dependent on the 1 Jenness, D., The Indians of Canada, National Museum of Canada, Ottawa, 1932 (Third E d i t i o n 1 9 5 5 ) , p. 256. 2 I b i d . , p. 259. 22 new system, "but they became p s y c h o l o g i c a l l y dependent as w e l l . I t appears that t h i s dependency was encouraged to some extent, by those responsible f o r the Indians. Two reasons f o r t h i s may be found. They are: the fear of the Indian, and the f e e l i n g that Indians were pr i m i t i v e , indolent savages who were not capable of a t t a i n i n g the heights of t h e i r c i v i l i z e d , white counterparts. The f e a r was that the warlike t r i b e s would become aroused and attack the white s e t t l e r s again. I t also took some of the s e t t l e r s many years before they would believe that the peaceful t r i b e s could be t r u s t e d . The unusual e f f e c t of l i q u o r on Indians only served to int e n -s i f y the s e t t l e r s ' doubts about the intentions and c a p a b i l i t i e s of the various t r i b e s . Most people, Indian agents included, were quite happy when the Indians were quiet and passive. Although t h i s p a s s i v i t y was sometimes recognized as dependency, many people preferred the safety of p a s s i v i t y rather than the threat of a c t i v i t y and independence. That p a s s i v i t y was often recognized as l o y a l t y and a thi n g to be desired, i s c l e a r l y evident i n t h i s report of the Department of Indian A f f a i r s : Peace and contentment are reported by the numerous Indian superintendents and agents to p r e v a i l among the Indians from one end of the Dominion to the other, and even i n the North-West where, as i s generally known, much d i s t r e s s has p r e v a i l e d during the past season and s t i l l e x i s t s , owing to the d i s -appearance from the t e r r i t o r i e s of the b u f f a l o , the staple of l i f e of the aborigines of that part of the Dominion, nothing but expressions of l o y a l t y and devotion to the Crown are heard from the Indians; some of 0 23 whom were reduced to the extremity of eating mice, dogs, and even t h e i r b u f f a l o skins, to preserve t h e i r l i v e s , and some of whose r e l a t i v e s perished from hunger. The confidence which the Indians have i n the paternal care of the Government i s undiminished, and the endurance and patience of those of the North-west, under the very t r y i n g circumstances i n which they were placed during the past season, i s deserving of a l l p r a i s e . Indeed, were whitemen to be placed i n s i m i l a r circum-stances, i t i s questionable whether t h e i r conduct would have been as commendable.1 This statement i n d i c a t e s that the t r i b e s of the North-West were so dependent by 1879 that they barely complained about s t a r v i n g . Although the Superintendent General was pleased at t h i s d i s p l a y of l o y a l t y he d i d make some e f f o r t s to combat dependency. Instructions were issued to the e f f e c t that any of the above Indians given r e l i e f should be made to work f o r i t . This was to be done both f o r the moral e f f e c t , and so that they would not always expect g r a t u i t i e s from the Govern-ment. This somewhat negative approach was mitigated, to an extent, by the deployment of t h i r t e e n farming i n s t r u c t o r s throughout Canada to teach the Indians a new way of l i f e . In s p i t e of such p o s i t i v e features as farming i n s t r u c t o r s and an incre a s i n g emphasis on schooling, most Indian management and l e g i s l a t i o n has been based on the theory that Indians are not capable of handling t h e i r own a f f a i r s . While i t seems obvious that many i n d i v i d u a l Indians and t r i b e s 1 Canada, Department of Indian A f f a i r s , Annual Report, 1879, P. 6. 24 were highly dependent even i n the late nineteenth century, the means of coping with this problem seem to have nurtured rather than lessened i t s prevalence and intensity. This attitude has continued into the twentieth century, and an outstanding example i s seen i n Family Allowances. The Government of Canada f e l t that many Indians were not capable of adequately expending the allowance, and included Section 1) part (d) to: ... provide that i n the case of Indians and Eskimos payment of the allowance shall be made to a person authorized by the Governor i n Council to receive and apply the same.-*-In 1946, 21.8% of the Indian families receiving Family Allowances were being issued the benefits in kind, while there have been some beneficial side-effects such as improved clothing and food for Indian children, and improved attendance at school, the psychological effect of this "inadequacy label" may have more pronounced long-term influence. In sharp contrast to most Indian legislation were the rights and privileges bestowed on Indian veterans. Indians were given the same rights as other veterans, and many of them took advantage of the opportunities available to them. In 1947 there were $90 grants t o t a l l i n g $771 ,780.11 i n veteran's p benefits, while the total welfare expenditure for a l l the Indians i n Canada amounted to $ 1 , 2 3 0 , 8 6 8 . 0 5 for the same 1 Canada, Department of Indian Aff a i r s , Annual Report, 1946, p. 211. 2 Ibid., 1947, p. 218. 25 year."'' Why Indian veterans were f e l t to he more capable of change and improvement than other Indians remains an anomaly Although there were revisions and simplifications i n the Indian Act of 1876 over the years, i t was not u n t i l 1951 that a major change occurred. A special Joint Committee of the Senate and House of Commons made a study of Indian af f a i r s during the Parliamentary Sessions of 1946, 1947 and 1948. The result was a repeal of previous legislation, and a new Act (15 Geo. VI, c. 29) was brought into force on September 4, 1951• The welfare aspects and implications of this Act form the body of this study. However, i t appears in order to b r i e f l y mention some of the changes which this new Act incorporated. The new Act was: ... designed to bring the Indians, by progressive steps, i n a position of social, p o l i t i c a l and economic equality with other Canadians by giving them greater powers over their own lands and funds and by ~ decreasing the powers held by the Government. While one might dispute that a master plan for the equality of Indians i s contained i n the new Act, i t must be admitted that many progressive changes were made. Indians now have some control over timber-cutting rights on Reserve lands, and the leasing of unused lands. 1 Canada, Department of Indian Affairs, Annual Report, 1947, p. 215. 2 Canada Year Book.., Section 17, "The Indians and Eskimos of Canada," 1952-53, p. 156. 26 Expenditures from Indian t r u s t funds must, i n most cases, be authorized by the band c o u n c i l . Bands may even be given complete c o n t r o l over t h e i r own lands and band revenue money. Band c o u n c i l e l e c t i o n s have been changed, and women can now run f o r o f f i c e and vote. Revolving fund loans have been extended, and r e s t r i c t i o n s on trade modified. Changes have been made i n education, i n c l u d i n g permission to make agreements with provinces or l o c a l school boards f o r integrated schooling. Indians were given greater powers over t h e i r own lands and funds by t h i s Act. The extent to which i t has contributed to a s o l u t i o n of Indian problems w i l l be examined i n the con-t i n u i n g portions of t h i s study. Method and Scope of Study This i s an a n a l y t i c a l study of the s o c i a l welfare aspects of the Indian Act. The Indian Act cannot be properly understood or in t e r p r e t e d outside i t s h i s t o r i c a l context. To achieve proper perspective t h i s study i s , i n part, a des-c r i p t i v e h i s t o r y of Indian a f f a i r s and l e g i s l a t i o n . S o c i a l welfare, as already defined, i s "designed to a i d i n d i v i d u a l s and groups to a t t a i n s a t i s f y i n g standards of l i f e and health", and i s not here r e s t r i c t e d to pu b l i c assistance and c h i l d welfare. This study i s divided i n t o two main areas; (a) the c i v i l r i g h t s of Indians i n c l u d i n g property r i g h t s , c i t i z e n s h i p r i g h t s , p u b l i c assistance and c h i l d welfare, and (b), three fundamental s o c i a l services; education, health and housing. 27 Although Indian economy underlies a l l Indian problems, t h i s study shows that there i s scope f o r s u b s t a n t i a l improvement i n Indian a f f a i r s outside the economic sphere. Because of t h i s , and also because the subject i s so complex and d i f -f e r e n t i a t e d i n d i f f e r e n t parts of the country, Indian economy i s not discussed i n t h i s study. Since t h i s i s not a l e g a l i s t i c i n t e r p r e t a t i o n of the Indian Act, and due to the length of the Act, no copy i s attached to t h i s study. CHAPTER I I CIVIL RIGHTS AND WELFARE ELIGIBILITY The existence of the Indian Act predicates that Indians are treated d i f f e r e n t l y from other Canadians. But, as has been explained i n the preceding chapter, t h i s d i f -f e r e n t i a l treatment was necessary, to some extent, i n the ea r l y r e l a t i o n s h i p between whites and Indians. Many of the t r i b e s had been warlike, and the s e t t l e r s required p r o t e c t i o n from them. Other t r i b e s found the adaptation to a new economic, s o c i a l and c u l t u r a l system quite d i f f i c u l t , and were forced to depend on the paternalism of the Government. The o r i g i n a l Indian Act was based on the assumption that Indians were not capable of administering t h e i r own a f f a i r s , and many subsequent amendments supported t h i s view. The er r o r seems to have been i n the assumption that Indians would never be capable of handling t h e i r own a f f a i r s , or that an assumption of dependency, without constructive measures to combat i t , would r e s u l t i n independence or s e l f - s u f f i c i e n c y . Most of the Indians who have achieved s e l f - s u f f i c i e n c y have done so i n spite of, and not because of, the Indian Act and i t s i n f l u e n c e s . Progressive advancements were embodied i n the Indian Act of 1951* and others have been brought into force 29 as amendments since that time. In t h i s chapter an analysis w i l l he made of (A) property r i g h t s , (B) c i t i z e n s h i p r i g h t s , (C) s o c i a l assistance, and (D) c h i l d welfare, of Indians to determine i n what way the Indian s i t u a t i o n d i f f e r s from that of other Canadians. (A) Property Rights Although Indians are s t i l l not considered capable of managing t h e i r lands and funds alone, t h e i r consent i s required i n many cases. Now the cou n c i l of the band must give i t s per-mission before l i c e n c e s to cut timber on reserve lands are granted. (Section 5 7 ( a ) ) 1 Previously, the M i n i s t e r (of C i t i z e n s h i p and Immigration) decided whether t h i s was i n the i n t e r e s t s of the band. Uncultivated and unused lands on a reserve may no longer be leased without the consent of the co u n c i l of the band. (Section 58(1) ) Perhaps a more important item i n the struggle f o r independence i n t h e i r property r i g h t s i s seen i n Section 60 ( 1 ) : The Governor i n Council may at the request of a band grant to the band the r i g h t to exercise such c o n t r o l and management over lands i n the reserve occupied by that band as the Governor i n Council considers d e s i r a b l e . 1 There w i l l be many references to p a r t i c u l a r sections of the Indian Act i n the next two chapters. So that the reader may r e t a i n some perspective, the sections enacted i n 1951 w i l l be undated, but subsequent amendments w i l l be dated. 50 Even though sub-section (2) allows the Governor i n Council to withdraw this right at any time, i t seems to be a move to encourage bands to assume more control of their own a f f a i r s . In view of the value of timber lands and the importance of the forestry industry i n general, these are v i t a l matters which as yet require further change i n law or practice. That the powers of band councils are usually qualified i s apparent i n Sections 80, 81 and 82. Here councils were given expanded rights to make bylaws and money bylaws, but a l l of these bylaws are subject to the approval of the Minister or the Governor-in-Council. In fact, Section 82 requires that the Governor-in-Council declare that the band has reached "an advanced stage of development", before i t may be allowed to make i t s own money bylaws. These bylaws must be approved by the Minister, and both the right to make money bylaws and the bylaws themselves, may be revoked by the Governor-in-Council. It i s obvious that the legislators f e e l that there must be safeguards retained i n the event that some councils use their powers injudiciously. One might be tempted to compare these qualified powers to those of the council of a municipality, where the electorate would decide on the actions of the council. This comparison would not be completely valid, since a number of the bands s t i l l adhere to the hereditary chieftain system. However, where band councils and chiefs are elected i n a manner similar to the municipal leaders, the comparison would be v a l i d . Since these sections are included i n the Act, i t 31 must be assumed that the legislators feel that either the councils are not capable of judicious management, or the members of the bands are not able to judge the capabilities of their representatives, or both. This assumed i n a b i l i t y of Indians to manage their own af f a i r s i s further exemplified i n Section 61(1), which declares i n part: ... the Governor i n Council may determine whether any purpose for which Indian moneys are used or are to be used i s for the use and benefit of the band. One archaic procedure was not repealed u n t i l 1951 which allowed superintendents to pay lease or agreement moneys directly to Indians. (Section 63) Prior to thi s , the money had to go to Ottawa f i r s t , which appears not only inconvenient, but meaningless. Although the consent of the Council i s required for most expenditures of Indian moneys, i t i s inter-esting to note that the action i s almost always begun by the Minister. 1 In other words, the councils are not encouraged to i n i t i a t e expenditures on behalf of their band. Further to this, the Minister may make expenditures out of the revenue moneys of the band to "assist sick, disabled, aged or destitute Indians of the band and to provide for the burial of deceased 1 It should be noted that the "Minister" or "Governor-in-Council" i s , i n practice, the Indian superintendent. Although he must obtain clearance from headquarters, he i n i t i a t e s almost a l l programs. o 32 indigent members of the band...." without the consent of the council. (Section 66(2)) This section infers that some councils would be unwilling to aid destitute members of their own band. In spite of the fact that councils are not encour-aged to i n i t i a t e expenditures on their own; "The Governor i n Council may by order permit a band to control, manage and expand i n whole or i n part i t s revenue moneys, and may amend or revoke any such order." (Section 68(1)) It seems that this section provides Indian bands with the opportunity of properly expending their funds. Once again this right may be revoked, however, so the councils do not have f u l l respon-s i b i l i t y . Ro such right i s available i n regard to capital . moneys, which are those "derived from the sale of surrendered lands or the sale of capital assets...." (Section 62) Revenue moneys are a l l Indian moneys other than capital moneys. Perhaps i f enough bands show that they can adequately expend revenue funds, they w i l l be given more control over the expenditure of capital funds? Although the powers of the band councils have always been limited, the Indian Act of 1951 gave these councils more opportunities to display their a b i l i t y and effectiveness. The introduction of uniform election procedures has resulted i n more e f f i c i e n t operation for many of the bands, which have chosen this method of local government. The uniform procedures 33 have been explained to the bands by Indian Affairs f i e l d staff, and today well over half the bands i n Canada use the elective system. In a ten-year period (1948-58) in the four western provinces, the elective system increased i n use from 9 bands to 227 bands. Both election procedures and council meeting procedures were devised to help the Indian bands become more sel f - s u f f i c i e n t i n band management. In order that this wish become more effective, the local superintendent i s not to act as chairman for council meetings unless the majority of the council wish him to do so. 1 Because many councils have inadequate experience at running meetings, they have requested superintendents to remain as chairmen. For the sake of expediency and efficiency, some superintendents have encouraged this continued dependency, and have made l i t t l e or no effort to encourage the councils to discharge their duties alone. Even though the new Act gave the councils expanded opportunities, the limited powers given them infers a lack of confidence i n their a b i l i t y . H. B. Hawthorn and associates deal with this by saying: ... despite this assumption of the Indians' ignorance, the role of the superintendent i s not truly educative. He does things for p people, instead of teaching them to do them. 1 A more complete discussion of Elective and Procedure Regulations may be found on page 8 of the publication A Review  of A c t i v i t i e s 1948-1958, Indian Affairs Branch, Department of Citizenship and Immigration. 2 Hawthorn, H. B. and others, The Indians of B r i t i s h Columbia, University of Toronto Press, Toronto, 1958, p. 460. 34 This has been the trademark of Indian administration f o r the past century, and i l l u s t r a t e s the vast d i s p a r i t y between l e g i s l a t i v e e d i c t and actual p r a c t i c e . The same writers continue: The band cou n c i l should be one of the most important and e f f e c t i v e educational agencies on the reserve, and we believe that from every point of view the Indian people should be associated with the use of t h e i r monies at every stage, while we would agree that the Branch should continue to exercise i t s r i g h t of review, we believe that i t has very l i t t l e moral authority at the present time to i n t e r -fere with the administration of t r u s t funds which derive from the sale of Indian c a p i t a l assets. Indians are not c h i l d r e n , and though they may 'act unwisely* sometimes, they are i n our opinion even overly anxious to pre-serve t h e i r c a p i t a l assets. The administration has already educated the Indian people to a knowledge of the value of such assets.1 These writers obviously believe that Indian councils are c a p i t a l of assuming more r e s p o n s i b i l i t y i n the management of t h e i r own a f f a i r s . These men also support the argument that, although many c o u n c i l l o r s lack experience, and may not be e f f i c i e n t at f i r s t , the only way they w i l l gain experience i s by doing t h e i r job. (B) C i t i z e n s h i p Rights Enfranchi sement Pr o v i s i o n f o r enfranchisement was included i n the 1 Hawthorn, The Indians of B r i t i s h Columbia, p. 460 35 o r i g i n a l Indian Act of 1876, and continues to the present day. However, the concept of enfranchisement has evolved over the years. With the exception of those Indians who were auto-m a t i c a l l y enfranchised because of t h e i r p r o fession (doctors, lawyers, e t c . ) , i t was e v i d e n t l y assumed that Indians would seek a change of status without a change of residence or mode of l i v e l i h o o d . Enfranchisement was thought of as a means f o r an i n d i v i d u a l Indian to get h i s share of band funds and band property. Therefore, the l e g i s l a t i o n provided that, with the consent of h i s band, an Indian could be given temporary t i t l e to h i s reserve land. A f t e r a probationary period, he could be given f u l l t i t l e to h i s land. In somewhat modified form these provisions are s t i l l included, although no f i g u r e s are a v a i l -able to show how much they are used. Only minor changes were made i n the enfranchisement provisions up to 1918. In that year, p r o v i s i o n was made to allow Indians who were: ... r e s i d i n g o f f reserves, were not following the Indian mode of l i f e and who held no land on a reserve, to apply f o r enfranchisement. Erom that date on, the Indian Act provided f o r enfranchisement under two sets of circum-stances; the one where the Indian was l i v i n g on the reserve and would l i k e to be enfranchised and receive t i t l e to h i s reserve holding, and the other where the Indian was l i v i n g o f f the reserve and was simply i n t e r e s t e d i n becoming enfranchised and r e c e i v i n g a share of band funds. 1 A Review of A c t i v i t i e s 1948-1958, p. 35. Some other references to the h i s t o r i c e v o l ution of enfranchisement, not s p e c i f i c a l l y noted, are taken from t h i s same section beginning at p. 34. 36 Although there i s no specific statement i n this regard, i t appears that, prior to 1918, Indians l i v i n g off reserves were not entitled to formal enfranchisement. In 1951, l e g i s l a t i o n provided for the enfranchise-ment of Indian women who married non-Indians. Before th i s , these Indian women could collect treaty money and share i n hand fund revenues, although they lost their Indian status. By the inclusion of Section 108(2), the Governor-in-Council was given the right to declare that Indian women marrying non-Indians, and their children, were enfranchised. This sub-section was repealed i n 1956, so that the Minister was allowed some dis-cretion about children who might l i v e apart from their mother. The cleavage between Indian and non-Indian rights and capa-b i l i t i e s i s displayed i n the enfranchisement provisions for women. According to Section 108(1), the Minister must be of the opinion that the Indian i s capable of assuming the duties and responsibilities of citizenship before permitting enfran-chisement of the Indian, his wife and minor children. No such judgement i s necessary i n the case of an Indian woman marrying a non-Indian. Although i t may be agreed that the government has a responsibility to the Indian and the public, this same responsibility would appear due to the Indian woman. The only equitable procedure i s that Indians should be granted enfran-chisement on request, and not be subjected to the judgement of the Minister (which once again i s i n r e a l i t y the local Superin-tendent) . 37 Would t h i s r e s u l t i n a rush of enfranchisement applications? To answer t h i s question, one must examine the advantages and disadvantages of enfranchisement. As the Hawthorn report sees i t : Enfranchisement, i n o f f i c i a l terminology, i s associated with f u l l c i t i z e n s h i p . But f u l l c i t i z e n s h i p i s a very vague term, which must he broken up into various aspects of c i v i c r i g h t s and duties before i t s advantages and disadvantages can be estimated.1 One obvious advantage would be f u l l l i q u o r p r i v i l e g e s , without waiting f o r s p e c i f i c p r o v i n c i a l l e g i s l a t i o n to allow t h i s . Another advantage i s psychological — the f e e l i n g that one i s l e g a l l y equal to h i s fellow Canadians. But there are d i s -advantages to enfranchisement as w e l l . Once enfranchised, a person can never become an Indian again, and t h i s u s u a l l y r e s u l t s i n a severing of t i e s , since the enfranchised person becomes subject to such r e s t r i c t i o n s as trespass on reserves. Indians also do have p r i v i l e g e s not enjoyed by other Canadians, such as health services and taxation exceptions, and many of them are not w i l l i n g to give these up. Another viewpoint on enfranchisement i s put forward by the National Commission on the Indian Canadian (now Indian-Eskimo A s s o c i a t i o n of Canada). In an analysis of Indian b r i e f s prepared f o r submission to the Parliamentary Committee on 1 Hawthorn, The Indians of B r i t i s h Columbia, p. 482. 38 Indian A f f a i r s , August 20, 1959, the following statement appears: One quotable reference to enfranchisement has a double significance. Not only does i t seem to reveal one kind of tie-up within the Indian's mind, namely between enfran-chisement and standard of livelihood, but i t relates the Indians to the Metis who may be following the Indian way of l i f e without the status of the Indian. The quotation says: 'When the Indian looks at the Metis and sees how pitiable their condition despite a l l the privileges of the white man, he i s not tempted to want the privilege of the vote.* This i s r e a l l y another way of saying that the ballot box i s no substitute for economic well-being.1 Knowing that he does not have the s k i l l s to compete with non-Indians i n our industrial society, the average Indian i s unwilling to concede his few privileges for the franchise. The federal vote has never been much of an enticement towards enfranchisement for the Indian. The legislators f i n a l l y recognized th i s , and repealed the r e s t r i c t i o n i n I960 (Section 86(2). Senator James Gladstone, the f i r s t and only Indian Senator, commented on this legislation: I must express a fear which exists i n the minds of many of them (Indians). Too often i n the past the government has given with one hand and taken away with the other. It has made the Indians suspicious — and ri g h t l y so — of any action which in any way changes their status.... 1 National Commission on the Indian Canadian, Unpublished Analysis of Indian Briefs to the Parliamentary Committee on Indian Af f a i r s , Toronto, August 20, 1959, p. 4. 39 However, I f e e l that t h i s i s an honest attempt on the part of the govern-ment to bri n g our people to a greater l e v e l of e q u a l i t y with our fellow Canadians, but without any l o s s of our tr e a t y r i g h t s . 1 This basic mistrust of the motivations of the l e g i s l a t o r s has been the source of d i f f i c u l t y i n the past, and w i l l probably continue to be so f o r many years. Perhaps one of the reasons f o r d i s t r u s t i s that many sections of the Indian Act give the Mi n i s t e r or Governor i n Council sweeping r i g h t s . For instance, Section 112 gives the Min i s t e r the r i g h t to appoint a committee, which can recommend enfranchisement of an Indian or a band, whether or not an a p p l i c a t i o n has been made. A majority recommendation i s i n t e r -preted to be the same as an a p p l i c a t i o n by the i n d i v i d u a l or band concerned. Sub-section (4-) of t h i s s e c t i o n l i m i t s t h i s forced enfranchisement to Indians or bands who do not have a tr e a t y or agreement which would contra-indicate i t s v a l i d i t y . In the analysis of Indian b r i e f s mentioned e a r l i e r , there was not a singl e favourable reference to enfranchisement, and i t was suggested that compulsory enfranchisement should be eliminated. The Indian-Eskimo A s s o c i a t i o n has said: To 'force a person to be fr e e ' ... seems a c o n t r a d i c t i o n i n terms — at l e a s t i f we are dealing with adults who have committed 1 The Indian Hews, May I960, p. 3 -40 no wrong. And to force him i n this way without his being heard seems contrary to natural justice.1 It i s f a i r l y obvious that enfranchisement has l i t t l e appeal to most Indians, and, although the number of Indians becoming enfranchised seems to have increased i n the last twenty years, s t a t i s t i c s do not t e l l the whole story. For example, i n 1957-58» 675 Indians were enfranchised. Of these, 355 were Indian women who married non-Indians, and their children. Of the remainder, 169 were adult Indians, and the rest were their children. A wife, i f l i v i n g with her husband, automatically becomes enfranchised with her husband. Therefore, i t would be theoretically possible that only 85 Indians out of 174,242 p applied for enfranchisement! Position of Women Historica l l y , many societies have been slow to accord to women the same rights as men. This has applied to Indian as well as non-Indian women. In 1906 Indian wills were subject to the approval of the Superintendent General; they are now subject to the approval of the Minister. At the earl i e r date, the wife was e l i g i b l e to receive one-third of her husband's estate " i f she i s a women of good moral character". (Section 26, 1(a) 1906). The Superintendent 1 Brief, prepared by Indian-Eskimo Association for the Parliamentary Committee on Indian Aff a i r s , Ottawa, March I960, p. 25. 2 St a t i s t i c s from A Review of Ac t i v i t i e s 1948-1958, p. 36. 41 General was the sole and f i n a l judge of the morality of the women in question. (Section 26, 2, 1906) The position of the Indian woman has improved considerably since that time; but i t was not u n t i l the new Indian Act i n 1951 that they were allowed to vote i n band elections. (Section 76(1)) Some inequality seems to exist i n the enfranchisement clauses of the Act, whereby the wife and children of a male applicant automatically attain his status, unless the couple are separated or divorced. (Section 108) Of course there i s some p a r a l l e l to this with non-Indians, whereby wives have their husbands' domicile. The inequality shows more clearly i n the case of an Indian woman separated from her husband, and who applies for enfranchisement. A previously quoted authority states: ... while the point i s not covered i n the Indian Act, the Department follows the policy of refusing an application for enfranchisement from an Indian woman l i v i n g apart from her husband unless he consents to being enfranchised at the same time. However, consideration w i l l be given to an Indian woman legally divorced from an Indian husband.1 The reason for this seems to be that the woman would not be able to live on the reserve i f a reconciliation occurred after she became enfranchised. However, the opposite situation 1 Hawthorn, The Indians of Br i t i s h Columbia, p. 385. 42 could occur i n the event of a separation between an enfran-chised husband and wife. The quoted practice appears to protect the wife's ti e s with her band, while Section 108 severs these t i e s . By allowing women to vote i n band elections, the legislators not only r e c t i f i e d an unfair situation, but they gave Indian women more status. Although women have often been considered less than "persons" by many non-Indian cultures, many Indian tribes were matrilineal and women were highly considered. Since being given the vote, many of the women have become activated, not only i n the areas of health, recreation and education, but also i n local p o l i t i c s . By May 2, I960, there were ten women who had been elected as chiefs and sixty-three as councillors. The recognition given them by the above legislation has undoubtedly contributed greatly to the increase i n Indian Homemakers1 Clubs. These clubs, whose aims and objectives are similar to those of the Women's Institutes, have significantly influenced a c t i v i t i e s i n many bands, and have given Indian women the opportunity to display their capabilities, and to learn new s k i l l s . Liquor From the coming of the whites to Canada, Indians were exposed to the influence of alcoholic beverages. Because their cultural backgrounds did not prepare them for the use of liquor, many Indians reacted strongly and strangely 43 to the."firewater". Because of alcohol's e f f e c t on Indians, a stereotyped image of the "drunken Indian" was created i n the eyes of Indian and non-Indian a l i k e . This stereotype has continued i n more or l e s s unchanged fashion to the present, and one s t i l l hears e r r a t i c i n t o x i c a t i o n described as "going Indian". The e a r l y s e t t l e r s , missionaries and governors were quite concerned about the actions of Indians under the influence of alco h o l , and used every measure at t h e i r command to c o n t r o l the sale of l i q u o r to Indians. 'I'his amounted to t o t a l p r o h i b i t i o n , and con s t i t u t e d the l e g a l p o s i t i o n of the Indian i n regard to alcohol u n t i l 1951• In spite of the l e g a l admonition against drinking, many Indians continued to obtain alcohol through bootleggers, white f r i e n d s or enfranchised Indians. The attempted enforcement of t o t a l p r o h i b i t i o n only contributed to the o l d concept of the Indian's i n a b i l i t y to co n t r o l h i s d r i n k i n g . Many Indians d r i n k i n g o v e r t l y drink quickly, with r e s u l t i n g r a p i d i n t o x i c a t i o n . Indians believe that they are l i a b l e to a smaller f i n e i f they are convicted of i n t o x i c a t i o n than i f they are convicted of possessing l i q u o r i l l e g a l l y ; and many do not seem to be unduly worried about the p o s s i b i l i t y of con v i c t i o n f o r i n t o x i c a t i o n . Since they cannot drink l e g a l l y anywhere but i n the beer parlour, t h e i r object i s to consume as much as possible i n the time a v a i l a b l e to them; i n t h i s sense the l i m i t a t i o n s of the law are a d i r e c t support of immoderate drinkin g . 1 Hawthorn, The Indians of B r i t i s h Columbia, p. 379 . 44 This statement was made after Indians were given the right to drink off reserves, i f provincial laws allowed this; hut i t was even more applicable when Indians had to drink covertly. The liquor sections of the Indian Act have resulted i n many arrests and added to the "lower-class" status of Indians. As the above writers declare: ... offences to do with liquor constitute by far the bulk of Indian offences. This strikes us as being a thoroughly discrimin-atory blow at human l i b e r t i e s . Most Indian offenders, i n other words, are indicted for offences that do not constitute offences for Whites.1 The same writers deal with prohibition which has been advocated by some, including a substantial member of Indian leaders, as the only solution. In view of i t s ineffectiveness for the past eighty years, prohibition hardly seems a practical answer. It merely removes Indian drinking from public places, and does nothing to educate him or to assist him to adjust to the p drinking habits of the non-Indian society. On the contrary, i t adds another burden to the Indian which makes him feel i n f e r i o r . Undoubtedly, some form of social control w i l l be required during their learning period, but this i s something that Indians w i l l have to learn eventually. In the same way that Indian councils w i l l learn by their own mistakes, i f 1 Hawthorn, The Indians of B r i t i s h Columbia, p. 382. 2 Ibid., pp. 582-383. 45 given more c o n t r o l over t h e i r a f f a i r s , i n d i v i d u a l Indians w i l l have to face the consequences of t h e i r d r i n k i n g a c t i v i t i e s . But they w i l l he subject to the same laws and regulations as t h e i r f ellow Canadians. In 1956, a f t e r considerable pressure from Indian and non-Indian groups, Section 96A was added to the Indian Act, which permits provinces to grant f u l l l i q u o r r i g h t s to Indians on the same basis as f o r other Canadians. A f t e r the Attorney General of the province has made a proclamation, bands are allowed to vote, on a l o c a l option b a s i s , whether they wish f u l l l i q u o r p r i v i l e g e s or not. Ontario was the f i r s t province to take advantage of t h i s new l e g i s l a t i o n (November 6, 1958), and by May 2, I960, thirty-seven band councils had requested referendums. Apparently the l e g i -s l a t o r s f e l t that t h i s modified approach was more desirable than e i t h e r t o t a l p r o h i b i t i o n , or complete repeal of l i q u o r sections i n the Indian Act. However, t h i s moderate approach may be subject to the s c r u t i n y of the courts i n the near future. An important event relevant to t h i s occurred t h i s year (1961). On March 21, Magistrate E. Angman, of L i l l o o e t , B. C , dismissed a charge under Section 94(a), dealing with possession of intoxicants o f f a reserve, on the grounds that the B i l l of Rights super-seded t h i s s e c t i o n of the Indian Act. I f t h i s judgement withstands appeals to the Supreme Court of Canada, i t appears that a l l sections which discriminate against Indians w i l l be abandoned. 46 I t i s not s u r p r i s i n g that a number of Indian leaders have not favoured f u l l l i q u o r r i g h t s f o r Indians. The stereo-type of the u n r e l i a b l e , drinking Indian, i s envisioned as e a s i l y by the Indian as the non-Indian, and u s u a l l y with more reason. Of s i x Indian b r i e f s submitted to the Parliamentary Committee on Indian A f f a i r s i n August, 1959, only one asked that l i q u o r d i s c r i m i n a t i o n be abolished. The other f i v e were p i n favour of rigorous c o n t r o l . Many of the more responsible Indian leaders recognize the stereotype i n the p u b l i c mind, and wish to d i s p e l t h i s image. They seem to f e e l that edu-ca t i n g t h e i r brethren to more acceptable drinking customs and habits would take too long, or that the educative p e r i o d would only i n t e n s i f y the*old stereotype, and i n t e r f e r e with Indian advancement i n other areas. Appeals The Canadian Bar A s s o c i a t i o n has made a study of the Indian Act, wherein i t discusses c e r t a i n aspects of c i v i l l i b e r t i e s of Indians, which appear to r e t a r d the i n t e g r a t i o n 1 " L i b e r t y i n L i l l o o e t , " e d i t o r i a l , Vancouver Sun, March 2 3 , 1961. 2 National Commission on the Indian Canadian, Unpublished Analysis of Indian B r i e f s to the Parliamentary Committee on Indian A f f a i r s , August 2 0 , 1959, p. 4. 47 of the Indian i n t o Canadian l i f e . 1 The concept of "trespass" (Section 30) seems anomalous, and "has the e f f e c t of c u t t i n g Indians e n t i r e l y o f f from the influence of t h e i r white neighbours whose presence upon the reserves from time to time would be l i k e l y to promote understanding between Indians and other Canadians." The A s s o c i a t i o n f e l t that i t was desirable to reconsider the concept of trespass on reserves. Section 32, which p r o h i b i t s any t r a n s a c t i o n i n the nature of a s a l e , barter or exchange of c a t t l e , g r a i n or other produce from reserves i n Manitoba, A l b e r t a or Saskatchewan without the approval of the Superintendent, receives s p e c i a l consideration. The statement declares: "At one time such a r e s t r i c t i o n might have been necessary to protect ignorant or g u l l i b l e Indians. However, i t would appear that the p r o h i b i t i o n and r e s t r i c t i o n are today archaic and that Indians ought to be encouraged to enter i n t o business transactions ... ( t h i s Section) places the Indian i n the p o s i t i o n of a second-rate c i t i z e n i n that he can exercise v i r t u a l l y no c i v i l r i g h t s i n r e l a t i o n to property produced on the reserve without the concurrence of the Super-intendent." The A s s o c i a t i o n f e l t that t h i s s e c t i o n should be removed immediately, but, pending removal, that appeals should be allowed by way of a summary proceeding. The sections i n which "powers of a sweeping character" were exercised by the 1 Canadian Bar Association - C i v i l L i b e r t i e s ; Status of Indian Canadians. Unpublished, undated mimeograph received from the Indian-Eskimo Association, Toronto. Although undated, i t i s apparent that the sections considered are presently i n f o r c e . 48 government, with, l i t t l e or no recourse to appeal by Indians, were Sections 30, 32, 34, 42, 43, 46, 47, 52, 64, 63 and 66. In some of these sections the government exercises the r i g h t s of a court, and i n others exercises the r i g h t s of the Indians themselves. In the former case, the Ass o c i a t i o n f e l t that the courts should he given t h e i r r i g h t f u l duties; i n the l a t t e r , that the hands should he invested with a d d i t i o n a l a u t h o r i t y to accelerate i n t e g r a t i o n . (C) S o c i a l Assistance Nowhere i n the Indian Act does the f e d e r a l government accept r e s p o n s i b i l i t y f o r the welfare of the Indians. There are a number of references which state that "the M i n i s t e r may" authorize expenditures of c a p i t a l or revenue moneys of the band f o r the benefit of the band. Section 66(2) allows the Mi n i s t e r to d i r e c t expenditures out of revenue moneys "to a s s i s t s i c k , disabled, aged or d e s t i t u t e Indians ..." without accepting the onus of r e s p o n s i b i l i t y . "Health and welfare services are offered to Indians as a matter of grace, and there i s the expectation that Indians w i l l look to t h e i r own com-munity resources. 1 , 1 In spite of the f a c t that the philosophy behind the Indian Act i n f e r s thatIndians are not capable of handling t h e i r own a f f a i r s , and they must be protected from themselves and others, they are l e g a l l y responsible f o r the 1 Hawthorn, The Indians of B r i t i s h Columbia, p. 387 • 49 care of t h e i r own members. This c o n t r a d i c t i o n i n approach i s mitigated by actual p r a c t i c e , but does l i t t l e to c l a r i f y the s i t u a t i o n of the Indian. In the f i r s t chapter there were references to the thinking behind the Poor Laws of England. Some important aspects of t h i s t h i n k i n g were the concepts of f a m i l i a l k i n -ship, and l o c a l r e s p o n s i b i l i t y , which also influenced residence requirements; moral weakness of the poor, i n a b i l i t y of the poor to handle t h e i r own a f f a i r s , and the p r i n c i p l e of " l e s s e l i g i b i l i t y " . As mentioned above, the government expects that Indians w i l l supply the necessary a i d to t h e i r needy members. People versed i n Indian custom would probably expect t h i s more than others, since the kinship system had ex i s t e d f o r many years with Indians. I f the kinship system worked before, why i s i t not working now? Two reasons have been e l i c i t e d . The f i r s t i s that the Indian community i s no longer self-contained and s e l f - s u f f i c i e n t , as i t was years ago. This allowed and encouraged kinship assistance. The second i s that Indians have more and more observed and accepted the attitude and p r a c t i c e of other Canadians, that t h i s r e s p o n s i b i l i t y l i e s properly with the l o c a l a u thority or the s t a t e . An insi s t e n c e on kinship o b l i g a t i o n s has been destructive to the i n i t i a t i v e of some Indians. 1 I t seems f a i r l y obvious that the concept of f a m i l i a l r e s p o n s i b i l i t y i s t r a c i n g the same path with Indians, 1 Hawthorn, The Indians of B r i t i s h Columbia, p. 225. 50 as with non-Indians. The l e g i s l a t o r s have predicated that the l o c a l authority i s responsible f o r i t s members, i f i t has the necessary funds. This also seems to p a r a l l e l p u b l i c assistance growth i n Canada. At the time of Confederation, there was l i t t l e concern about welfare, and t h i s r e s p o n s i b i l i t y was l e f t with the l o c a l a u t h o r i t i e s . When welfare costs threatened l o c a l areas with bankruptcy, the provinces, and eventually the f e d e r a l government, became involved. Because of the cost and complexity of welfare problems, l o c a l r e s p o n s i b i l i t y , which i s j ust an extension of i n d i v i d u a l r e s p o n s i b i l i t y , became a s o c i a l r e s p o n s i b i l i t y . Both the f e d e r a l and p r o v i n c i a l governments have i n varying degrees, accepted the respon-s i b i l i t y to help l o c a l areas, regardless of t h e i r assets. With Indians, the s i t u a t i o n appears to be at the confederation l e v e l . I f a band has s u f f i c i e n t funds, i t i s expected to pay f o r a large part of i t s welfare s e r v i c e s . Although the poorer bands are supported i n these services by the f e d e r a l government, t h i s i s done as a matter "of grace", and not by a l e g i s l a t i v e acceptance of r e s p o n s i b i l i t y . L i t t l e wonder that the bands with assets f e e l they are discriminated against. This i s "one source of the lack of ambition and r e s p o n s i b i l i t y so often noted." 1 The idea of s o c i a l r e s p o n s i b i l i t y must be accepted f o r Indians, both to improve the conditions of the poorer 1 Hawthorn, The Indians of B r i t i s h Columbia, p. 204. 51 bands, and to r e f r a i n from s t i f l i n g the i n i t i a t i v e of the more progressive bands. The residence requirements i n poor law times were varied, but a l l c a r r i e d the i m p l i c a t i o n that a community would not accept r e s p o n s i b i l i t y f o r other than t h e i r own. Indians have a s i m i l a r s i t u a t i o n , i n that they must belong to a band i n order to be helped by i t . Length of residence i s not a feature here, but when Indians move o f f the reserve they are faced with the residence laws of the province. In B r i t i s h Columbia, p r i o r to the repeal of the Residence and R e s p o n s i b i l i t y Act, residence of one year was required i n a " l o c a l area", before a person became e l i g i b l e f o r p u b l i c assistance. This l e f t Indians o f f the reserve i n a very precarious s i t u a t i o n . They were allowed, and i n some cases forced, to return to the reserve, but often t h i s defeated t h e i r attempt at i n t e g r a t i o n i n t o non-Indian l i f e . Since the repeal of the Act the s i t u a t i o n has not r e a l l y been c l a r i f i e d . A person requires one year residence within the province, but apparently l i v i n g on a reserve does not e s t a b l i s h residence. Indivi d u a l administrators continue to exert d i s c r e t i o n i n these cases, and no f i r m agreement has been made with the f e d e r a l government i n regard to r e s p o n s i b i l i t y . The author has been informed that negotiations are presently underway so that no Indian i n need w i l l be refused help. The prime con-cern here has been who w i l l pay, and too often have needy persons been caught i n the c r o s s f i r e between l o c a l , p r o v i n c i a l 52 and f e d e r a l governments. The concepts of the moral weakness of the poor, the i n a b i l i t y of the poor to manage t h e i r own a f f a i r s , and the p r i n c i p l e of "less e l i g i b i l i t y " a l l seem to stem from a common core. This was discussed i n the f i r s t chapter i n the statement by Karl de Schweinitz which expounded that d e s t i -t u t i o n was the r e s u l t of moral depravity. This theory was expanded to state that the poor were la z y and s h i f t l e s s , and would not improve even i f given the chance. That t h i s a t t i t u d e has been prevalent, i n varying degrees, i n past r e l a t i o n s with Indians should by now be obvious. More concern was exhibited about the moral l i f e of the Indians than any other feature i n the e a r l y reports of the Department of Indian A f f a i r s . P a r t l y because of t h i s concern, Indians were not a c t i v e l y encouraged, or at times allowed, to manage t h e i r own a f f a i r s . Since i t was assumed by others that Indians were not capable people, many Indians began to view themselves i n the same way. This also occurred i n Poor Law times i n England, and i t was not u n t i l a p o s i t i v e basis was enunciated — that most of the poor could manage t h e i r own a f f a i r s — that progress was attained. In Canada the l e g i s l a t o r s have been l o a t h to give r e l i e f i n cash or by cheque. The main reason f o r t h i s has been the fear that the r e c i p i e n t w i l l waste h i s r e l i e f funds. For t h i s reason r e l i e f was issued i n kind f o r many years. The f i r s t inroad against r e l i e f i n kind occurred i n 1949, 53 when Indians over the age of 70 were given $8 .00 a month, plus regular r e l i e f , i f their income (inclusive of the allowance) was not over $400.00 per year."1" In 1950 this was raised to $ 2 5 . 0 0 a month, hut r e l i e f was only given i n emergencies. However, i t was not u n t i l 1959 that r e l i e f i n kind was f i n a l l y discontinued, and this only after several p i l o t projects. In that year cash was given to 12% of r e l i e f recipients, and most of the remainder given "vouchers having a dollar value rather than vouchers itemizing specific quan-t i t i e s of food as formerly. The change w i l l place more responsibility upon Indian parents and w i l l do much to remove the stigma which was an inevitable feature of the former p method." Improvement has been made, but the attitude s t i l l remains that the Indian must prove himself able f i r s t , and then he i s given a chance to accept help with dignity. At the present time between 20% and 25% of r e l i e f recipients are being paid i n cash. "Relief", as applied to Indians above, means food assistance. It i s rather d i f f i c u l t to make a comparison between the food allowance rates given to Indians, and that given public assistance recipients, because the lat t e r varies from province to province. In other words, a comparison between levels of assistance to Indians and non-Indians i n 1 Canada, Department of Indian Af f a i r s , Annual Report, 1949, p. 2 0 3 . 2 A Review of A c t i v i t i e s 1948-1958, p. 15 . 54 B r i t i s h Columbia would not apply across Canada. The food allowance to Indians i s uniform across Canada, and i s not supposed to be higher than the pu b l i c assistance rate i n any province. Because the p u b l i c assistance rate i n B r i t i s h Columbia i s higher than many provinces, the d i s p a r i t y between Indians and non-Indian l e v e l s of assistance w i l l n a t u r a l l y be greater. However, the Indians of B r i t i s h Columbia do con-si d e r themselves residents of t h i s province, and many of them undoubtedly f e e l the difference i n rates to be discriminatory. Because the manner of c l a s s i f y i n g r e c i p i e n t s f o r food allowances d i f f e r s s u b s t a n t i a l l y , the only example which can be given i s that of an i n d i v i d u a l r e c i p i e n t . Unfortunately, t h i s i s where the d i s p a r i t y i s greatest. An Indian receives $22.00 a month f o r food while a non-Indian receives $J4.00. This difference i s c e r t a i n l y s u b s t a n t i a l when you consider that the non-Indian rate barely supports a person on a subsistence l e v e l . Although t h i s comparison may seem extreme i t i s va l i d a t e d to some extent by considering such c a t e g o r i c a l programs as Old Age Security, Old Age Assistance, B l i n d Person's Allowance and Disabled Person's Allowance. Indians are e l i g i b l e f o r these programs on the same basis as non-Indians. I t must be admitted that there i s a d i s p a r i t y between the rates paid a non-Indian person of 64 and the non-Indian of 65* However, the d i s p a r i t y i s f a r greater f o r an Indian than f o r a non-Indian. L i t t l e wonder that many Indians are con-fused and embittered by t h i s s i t u a t i o n . 55 In Poor Law times, and even to the present time, the p r i n c i p l e of "less e l i g i b i l i t y " has had many adherents. This p r i n c i p l e enunciates that r e l i e f rates should never equal the wages a person might obtain by working, even at the lowest paid job. This p r i n c i p l e i s based on the theory that few men would work i f they could a t t a i n a subsistence l e v e l without working. Hawthorn has some fears about t h i s i n regard to Indians. The hazards of Indian l i f e b r i n g out issues i n incentive not u s u a l l y faced i n the white community. The lack of opportunity to achieve equal l i v i n g l e v e l s may breed defeatism and consequent r e l i a n c e on unemploy-ment assistance i f i t approaches adequacy. 1 There i s a danger that adequate allowances w i l l cause f u r t h e r dependency. However, i t i s obvious that the past p r a c t i c e of t r y i n g to force people to support themselves by gi v i n g inadequate allowances also caused demoralization, as well as considerable s u f f e r i n g . This system d i d not work i n Poor Law times, and shows l i t t l e sign of success i n a p p l i c a t i o n to Indians. A prominent American s o c i a l worker discusses t h i s subject i n t h i s way; Experience demonstrates that the vast majority of the c i t i z e n s p r e f e r work, when i t i s a v a i l -able, to idleness, and are s u f f i c i e n t l y influenced by the American mores, by t h e i r sense of family r e s p o n s i b i l i t y , by b e l i e f i n the d e s i r a b i l i t y of a high standard of l i v i n g , 1 Hawthorn, The Indians of B r i t i s h Columbia, p. 3 9 4 . 56 and by the l i n e of contemporary adver-t i s i n g i n s t i t u t i o n s to be u n w i l l i n g to e x i s t on s o c i a l s e c u r i t y income, e s p e c i a l l y i f more money can be secured by working.^ Indians are j u s t as susceptible to these influences as non-Indians. I f given proper encouragement, help and guidance, they are capable of a t t a i n i n g e q u a l i t y with t h e i r fellow Canadians. The analysis of t h e i r b r i e f s to the Parliamentary Committee on Indian A f f a i r s i n 1959, p r e v i o u s l y mentioned, includes the following statement: Secure to us the r i g h t to work and we w i l l work. As grown-ups who have missed the better education now a v a i l a b l e to our c h i l d r e n , do not write us o f f as beyond redemption or condemn us to a spasmodic employment and a p i t i f u l R e l i e f u n t i l we can be j u s t i f i e d of our own c h i l d r e n . I t i s a l l very well to say of our c h i l d r e n that, with brains, luck and enterprise, they have the chance to educate themselves away from misery; but we cannot even r a i s e these c h i l d r e n or face the expenses of t h e i r higher education unless our own p economic chances are s e n s i b l y improved. Some period of adjustment w i l l n a t u r a l l y be required, but a f t e r so many years of paternalism and second-rate treatment, Indians w i l l require the f a i t h and help of others, before f u l l y gaining confidence i n themselves. 1 Burns, Eveline M., S o c i a l S e c u r i t y and P u b l i c P o l i c y , McGraw-Hill Book Co., New York, 1956, p. 56 . 2 National Commission on the Indian Canadian, Unpublished Analysis of Indian B r i e f s to the Parliamentary Committee on Indian A f f a i r s , August 20, 1959, p. 1. (D) C h i l d Welfare 57 There are only a few references to c h i l d welfare i n the Indian Act, and there i s no p a r t i c u l a r person responsible f o r the supervision of the welfare of Indian c h i l d r e n . The references are p r i m a r i l y concerned with the education of ch i l d r e n , guardianship of an Indian c h i l d ' s estate, and the support of c h i l d r e n under c e r t a i n circumstances. Otherwise, i t i s f e l t that Section 87 ("... a l l laws of general a p p l i -c ation ... i n force i n any province are applicable ... except to the extent that such laws are inconsistent with t h i s Act....") should govern a l l other aspects of c h i l d welfare. The prime f a c i l i t y used by the Indian A f f a i r s Branch i n c h i l d welfare i s the r e s i d e n t i a l school. In 1959 the Indian A f f a i r s Manual stated: R e s i d e n t i a l schools are p a r t i c u l a r l y u s e f u l as a placement resource f o r neglected, aban-doned, or orphaned c h i l d r e n of proper age, as p r o v i n c i a l resources f o r dealing with such c h i l d r e n are l i m i t e d . 1 P r o v i n c i a l resources f o r dealing with Indian c h i l d welfare problems are indeed l i m i t e d , and many d i f f i c u l t i e s have been encountered i n t r y i n g to place Indian or part-Indian c h i l d r e n i n white homes on a f o s t e r home or adoption-home b a s i s . I t i s not within the scope of t h i s study to 1 Hawthorn, The Indians of B r i t i s h Columbia, p. 3 9 9 . Both the quotation and the foregoing material come from the same source. 58 i n v e s t i g a t e a l l the r a m i f i c a t i o n s of Indian c h i l d welfare. Because of the v a r i e t y of c h i l d welfare programs from province to province, and because of the oblique references to c h i l d welfare i n the Indian Act, i t would be impossible to give a comprehensive p i c t u r e as part of a study. In view of the importance attached to c h i l d welfare i n Canada by the l a y and pr o f e s s i o n a l p u b l i c a l i k e , serious consideration should be given to a separate study i n t h i s area. I t i s pos s i b l e , however, to make some cursory obser-vations about Indian c h i l d welfare i n t h i s study. While pro-v i n c i a l laws are f e l t to be i n force i n respect to c h i l d welfare, the d e c i s i o n of a stipen d i a r y magistrate i n Vernon, B r i t i s h Columbia, has cast some doubt as to the p o s i t i o n of the unmarried mother. The summary of t h i s case follows: In Charlie v. Bonneau ( 1 9 5 3 ) , a p a t e r n i t y action, i t was held that the Children of Unmarried Parents* Act, a p r o v i n c i a l statute, was incon s i s t e n t with the intent and meaning of the Indian Act. The Court r e f e r r e d to Section 67(3) of the Indian Act which gives permissive power to the Mi n i s t e r to apply annuity or i n t e r e s t moneys of an Indian parent to the support of an i l l e g i t i m a t e c h i l d . This was in t e r p r e t e d as a c l e a r i n d i c a t i o n that the Indian Act makes pro-v i s i o n f o r the maintenance of i l l e g i t i m a t e c h i l d r e n , and covers the same f i e l d as the C h i l d of Unmarried Parents' A c t . 1 The same magistrate says that there i s c o n f l i c t between the 1 Hawthorn, The Indians of B r i t i s h Columbia, p. 400. 59 Indian Act and B r i t i s h Columbia's "Wives and Children's Maintenance Act " and the "Protection of Children Act", as w e l l . 1 This case, to the author's knowledge, has not been tested i n a higher court. Considerable c l a r i f i c a t i o n might r e s u l t i f the judgement of the Supreme Court of Canada could be obtained. In the meantime, intergovernmental cooperation w i l l c e r t a i n l y be necessary. U n t i l r e s p o n s i b i l i t y f o r Indian c h i l d welfare i s s p e c i f i c a l l y a l l o c a t e d , there are bound to be many instances where improper or i n c o r r e c t procedures are followed. Both s o c i a l workers and Indian superintendents are g r e a t l y over-worked, and u n t i l they have a c l e a r understanding of t h e i r duties and ob l i g a t i o n s , t h e i r a c t i v i t i e s w i l l be r e l a t i v e l y i n e f f i c i e n t and i n e f f e c t u a l . One example of t h i s i s the indiscriminate use of r e s i d e n t i a l schools as a c h i l d welfare resource. Some c h i l d r e n can be n e f i t immensely from a group environment, others may receive i r r e p a r a b l e damage. The de c i s i o n to send a neglected or orphaned c h i l d to a r e s i -d e n t i a l school must be made by the superintendent, a person untrained i n such areas, and u s u a l l y on the basis of expediency — there i s no other resource. Even i f the choice i s f o r t u i t o u s l y c o rrect, there i s l i t t l e guarantee that the o f f i c i a l s i n charge of the school are capable of providing 1 A P i l o t Survey of Welfare Services to Indians i n B r i t i s h  Columbia - c a r r i e d out j o i n t l y by Indian A f f a i r s Branch and S o c i a l Welfare Branch i n September, 1957, P» 2 1 . 60 the proper environment. Undoubtedly, superintendents would be quite pleased to pass this responsibility on to more qualified persons. This situation occurs i n non-Indian com-munities as well, but the ratio of social workers to clientele i s far higher i n the non-Indian communities. At present there are 9 social workers i n Canada to look after over 179,000 Indians. Even i f these social workers were exclusively involved i n ch i l d welfare (which they are not), the level of service would be entirely inadequate. This appears to be one of the reasons why Section 87 was included i n the new Indian Act i n 1951. One of the pro-blems facing increased provincial participation i n Indian child welfare has already been discussed. That there are other problems involved, seems to be indicated by the fact that only the province of Ontario has entered into any agree-ment to extend the services of Children's Aid Societies to Indian reserves ( 1 9 5 6 ) . 1 Other provinces, such as B r i t i s h Columbia, provide child welfare services to Indians, but have not, as yet, entered into any agreement i n this regard. In spite of these agreements, whether ad hoc or l e g i s l a t i v e , there i s some suspicion that Indian children are s t i l l not receiving the same services as non-Indian children. Two examples are available to support this statement. The Executive Director of the National Commission on the Canadian 1 A Review of A c t i v i t i e s 1948-1958, p. 13 Indian says: 61 In one instance I r e c a l l , a welfare agency not only was not doing what i t had agreed to do, i t hadn't sent any of i t s s t a f f on the reserve. This was because they d i d not f e e l the per c a p i t a grant had been large enough. 1 Although t h i s example i s not very p r e c i s e , the p i l o t survey i n B r i t i s h Columbia previously r e f e r r e d to, substantiates that many Indian c h i l d r e n are not being served. S o c i a l workers and d i s t r i c t supervisors are aware to some extent of t h i s p o t e n t i a l number of other Indian c h i l d r e n r e q u i r i n g service but state they are unable, due to t h e i r very heavy case loads, to extend such services.2 Many people, i n c l u d i n g s o c i a l workers, f e e l that Indian c h i l d r e n and adults a l i k e , are, and should be, the sole r e s p o n s i b i l i t y of the f e d e r a l government. Because of t h i s , they are often loath to expend t h e i r already overburdened services to Indians. When the f e d e r a l government i n s i s t s on the e f f i c a c y of Section 87, the Indian i s often l e f t without adequate s e r v i c e s . 1 "Trends i n the Administration of the Indian A f f a i r s Branch f o r the Past Ten Years," unpublished report compiled by National Commission on The Indian Canadian, Toronto, 1959, p. 3» 2 A P i l o t Survey of Welfare Services to Indians i n B r i t i s h  Columbia, p. 87. CHAPTER I I I FUNDAMENTAL SERVICES: EDUCATION, HEALTH AND HOUSING Education In a p a r t i c i p a t i n g democracy l i k e Canada, education i s an e s s e n t i a l . I t s importance, i n the minds of Canadians, i s exemplified by the f a c t that education has been compulsory f o r many years. I t i s a fundamental of any c i v i l i z a t i o n , and considered a basic r i g h t of a l l Canadians. Most sections of p u b l i c opinion assert that every person has the r i g h t to get as much education as p o s s i b l e . Too often, the d e s i r a b i l i t y and necessity of education become merely verbal p l a t i t u d e s . The periods of unemployment encountered i n the twentieth century are r e f l e c t i o n s of both inadequate educational f a c i l i t i e s , and inadequate use of the f a c i l i t i e s . Education promises more than economic eq u a l i t y , however. I t can be a device which enables psychological s e c u r i t y , with a heightened sense of self-worth, and a deepened understanding of s e l f and others. I t allows a person to actuate more of h i s poten-t i a l i t i e s i n h i s struggle to f i n d the most s a t i s f y i n g adjust-ment f o r himself and h i s community. These are v i t a l matters — without them a democracy w i l l be hard-pressed to continue i t s existence. 63 As the twentieth century progresses, more and more persons w i l l require t e c h n i c a l competence and advanced t r a i n i n g i n order to make a l i v i n g . More important than t e c h n i c a l competence, both because of i t s inherent values, and because i t i s i n danger of being submerged i n technology, i s the concept of "how to l i v e " . Both "how to make a l i v i n g " and "how to l i v e " w i l l require the combined e f f o r t s of a l l Canadians i n order that the democratic objectives of t h i s country w i l l be achieved. More and b e t t e r educational oppor-t u n i t i e s and f a c i l i t i e s must be provided, f o r non-Indian and Indian a l i k e , to a t t a i n these ends. While the future promises some d i f f i c u l t y f o r the non-Indian, the s i t u a t i o n f o r the Indian i s even more compli-cated. The average educational l e v e l f o r the Indian i s f a r below that of the non-Indian. While a number of advancements have been made i n Indian education, the gap i s s t i l l wide. Although the M i n i s t e r of C i t i z e n s h i p and Immigration s a i d r e c e n t l y that "Canada could have a completely educated Indian people i n two generations", 1 Indian e f f o r t s w i l l be subject to a double handicap. The f i r s t i s that they are already behind non-Indians i n educational attainments. The second handicap i s that i n t e g r a t i o n into the Canadian community, with i t s concomitant f r u s t r a t i o n s , disappointments and adjustments, w i l l be occurring at the same time. 1 The Vancouver Sun, October 20, I960. 64 P r i o r to the B r i t i s h Forth America Act, education f o r Indians was wholly provided by r e l i g i o u s bodies. Even a f t e r the f e d e r a l government was given r e s p o n s i b i l i t y f o r Indian a f f a i r s , r e s i d e n t i a l schools, at l e a s t , remained under Church auspices. Although some of the annual reports of the Indian A f f a i r s Department i n d i c a t e d an i n t e r e s t i n education i n the 1870's, i t i s not s u r p r i s i n g that education was not considered h i g h l y s i g n i f i c a n t . Many non-Indians were i l l i t e r a t e at that time, and education was not a r e q u i s i t e to successful e nterprise. Of even more importance was the b e l i e f that the Indian race was vanishing, and that i n a short time there would be no Indians to worry about. However, many superintendents have expended considerable e f f o r t s i n encour-aging education. Sometimes, i t must be admitted, t h e i r e f f o r t s were thwarted by the Indians themselves. I t i s necessary to consider several f a c t o r s i n order to understand the apathy and i n d i f f e r e n c e about education d i s -played by many Indians, u n t i l r e c e n t l y . In most p r i m i t i v e s o c i e t i e s , formal education i s not a necessity. Mores, s k i l l s and a t t i t u d e s are e i t h e r handed down from generation to generation, or learned i n day-to-day l i v i n g . Indian cultures were w e l l e s t a b l i s h e d i n Canada p r i o r to the advent of Europeans. Schooling was not required i n order to earn a l i v i n g , nor i n order to know how to l i v e . Settlement changed the Indian way of l i f e , but i t seemed to leave them i n a "no-man's land". Old Indian cultures and economic a c t i v i t i e s 65 no longer s u f f i c e d ; at the same time Indians could not, or would not, completely accept non-Indian ways. Doubts were cast upon the e f f i c a c y of o l d ways, but no s a t i s f y i n g a l t e r -natives were a v a i l a b l e . Formal education, as a means of solvin g t h i s dilemma, was given l i t t l e consideration. This was both because few people had much education, and because Indians were not f e l t worthy or capable enough f o r education. This s i t u a t i o n was compounded by the i n t r o d u c t i o n of reserves, which e f f e c t i v e l y i s o l a t e d Indians from the main-stream of Canadian l i f e f o r many years. While reserves were serving as r e t r e a t s and " i s o l a t i o n centers" f o r Indian adults, separate schools were serving the same func t i o n f o r Indian c h i l d r e n . U n t i l 1948, almost a l l Indian c h i l d r e n were edu-cated separately from non-Indian c h i l d r e n . In other words, although education f o r Indians was considered desirable, they were not given the opportunity to get to know t h e i r fellow Canadians better, and become integrated as a part of t h e i r educational experience. The sense of separateness, and with i t , a f e e l i n g of difference and i n f e r i o r i t y , was therefore i n s t i l l e d i n many Indian c h i l d r e n at a very e a r l y age. Although many Indians were not cognizant of the f a c t that education i s u s u a l l y under p r o v i n c i a l j u r i s d i c t i o n , most of them were aware that t h e i r c h i l d r e n went to d i f f e r e n t schools, and were subject to d i f f e r e n t r u l e s and regulations. This, coupled with other discriminatory measures, undoubtedly contributed to t h e i r f e e l i n g of being second-class c i t i z e n s . 66 For many years, Indians were born, r a i s e d and educated apart from non-Indians, while the economy of Canada, as a whole, was changing from one of primary industry to one of secondary industry, Indians were s t i l l hunting, f i s h i n g or farming with outmoded methods and equipment. Often t h i s was because of l i m i t e d resources, but more often because of ignorance of the changes taking place i n t h e i r country. Only as these changes have been experienced by Indians, and as they have wanted to share i n some of the bene f i t s of i n d u s t r i a l i s m , have they been able to understand the neces-s i t y and d e s i r a b i l i t y of education. Now, many Indian adults not only want improved education f o r t h e i r c h i l d r e n , but want to supplement t h e i r own education as w e l l . Indian c h i l d r e n were not only educated i n separate schools, but they were subject to a d i f f e r e n t curriculum and many untrained teachers. P a r t l y , t h i s was because of the low expectations, by the educators and Indian alike,, of many Indians achieving higher education. P a r t l y i t was because of economic considerations, r e s u l t i n g i n the extensive use of un q u a l i f i e d teachers. For instance, i n 1952-53, over f o r t y per cent of the teachers i n Indian r e s i d e n t i a l schools were untrained. In 1954, the Department of C i t i z e n s h i p and Immigration began employing the teachers. Previously, they had been employed by church a u t h o r i t i e s , and i n many cases, education was l i t t l e better than "mission work", and not on l i n e with regular schools. By 1958, untrained teachers s t i l l 67 composed 17*5 per cent of the residential school's s t a f f . 1 Although this i s a considerable improvement, i t i s s t i l l a high figure. When one considers how often the residential schools are used as child welfare resources for orphans or children from broken homes, this figure becomes doubly s i g n i -ficant. One reason why d i f f i c u l t y i s so often encountered i n obtaining teachers for Indian schools, i s that their salaries are lower than other teachers. Teachers are paid on a uniform salary scale across Canada while working i n Indian schools, whereas there are wide wage differ e n t i a l s for teachers i n non-Indian schools. Therefore, teachers i n Indian schools w i l l see a wide disparity i n wages i n some provinces and areas. Obviously, many of the teachers i n Indian schools i n these d i s t r i c t s w i l l not be as capable as those i n non-Indian schools. This w i l l l i k e l y continue u n t i l some form of decentralization takes place i n the administration of Indian a f f a i r s . For many years people have f e l t that, because of cultural differences, Indian teachers would be most suitable to teach their own people. Ostensibly, most of these teachers would have encountered many of the problems of integration, and would understand, better than most people, the d i f -f i c u l t i e s their students would face as they grew up. The 1 A Review of A c t i v i t i e s . 1948-1958, p. 25 68 practice of employing Indian teachers has been encouraged, and in 1959 there were 116 teachers of Indian status employed.1 This represents a considerable growth since 1953, when only p 45 teachers of Indian status were employed. Although few figures are available to confirm the opinion, i t appears that this program has succeeded i n an uneven fashion. For example, in 1951, the principal and the eighteen teachers on the Six Nations reserve i n Ontario were Indians. They represented nearly half the Indian teachers in Canada. In spite of the fact that the distribution of teachers of Indian status i s uneven, the increase i n numbers should be heartening. However, in case one might be inclined to feel that the use of Indian teachers i s an innovation of enlightened modern thinking, i t is only necessary to peruse the reports of 1875. In Region Four i n Ontario, five of the fi f t e e n teachers at that time were Indians. If this ratio had continued to the present day, the position of Indians would undoubtedly be altered. In 1948, a special Joint Committee, of the Senate and House of Commons, on Indian a f f a i r s , recommended: ... the revision of those sections of the Act which pertain to education, in order to prepare Indian children to take their places as citizens. ... wherever and whenever 1 A Review of Ac t i v i t i e s , 1948-1958 (Supplementary Information May 2, I960), p. 4. 2 A Review of A c t i v i t i e s , 1948-1958, p. 2 5 . 3 Canada Year Book, 1951, p. 1158. 4 Canada, Department of Indian A f f a i r s , Annual Report, 1875, p. 11. 69 possible Indian children should be educated i n association with other children. 1 Since that time, considerable progress has been made, not only i n the enrollment of pupils, but i n the attitudes pre-p v a i l i n g between Indians and non-Indians. Many Indian children compare favourably with their non-Indian peers i n scholastic endeavours. This has not only been a source of satisfaction for the individuals concerned; i t has served as an incentive for other Indian children. There has been a substantial increase i n the number of Indian children attending school i n the past ten years or so. Total enrollment of children has almost doubled since 1948, and almost 25 per cent of these children are attending non-Indian schools. The Indian Affairs Branch seems to be aware of the importance of education, and has concentrated much attention on i t . Although the percentage of Indian children receiving secondary education, vocational training, and professional courses i s s t i l l extremely low, the trend i s encouraging. To stimulate an interest i n higher education, a number of scholarships are available to outstanding students. 1 Minutes of Proceedings and Evidence No. 5 (April 1 3 , 1948 -June 21, 1948). 2 The writer has spoken to Indians and non-Indians i n one reserve area where integrated schooling had been underway for some time, and was impressed with the mutual satisfaction and understanding expressed. 70 In d i scussing Indian education and increased e n r o l -lment i n schools, i t i s necessary to mention Family Allowances. Many observers believe that the increase i s e n t i r e l y due to the Family Allowance requirement that c h i l d r e n must attend school. To an extent, t h i s i s probably true. However, some Indian parents required the help of t h e i r c h i l d r e n to meet family needs, and Family Allowances were an agreeable substitute to the e f f o r t s of t h e i r c h i l d r e n . Others were w i l l i n g to accept the compulsory aspect of Family Allowances i n return f o r the money i t s e l f . Compulsion i n regard to education generally has been long-standing i n Canada, i s not an issue i n i t s e l f , and need not be discussed here. The f a c t that some Indian parents responded to Family Allowances as sort of a "bribe", to make t h e i r c h i l d r e n attend school, i s explained by t h e i r apathetic at t i t u d e towards education. I t i s to be hoped that, with increased education, and the opportunities and status concomitant with t h i s , these Indian parents w i l l cherish education f o r i t s own inherent values. I t should surprise few persons, with good h i s t o r i c a l perspective, i f t h i s process takes several gener-ations to run i t s course. That many Indians have developed a deeper appreciation of the merits of education i s seen i n the considerable emphasis given adult education i n the past few years. Adult education i s not new to Indian a f f a i r s ; i n 1877, teachers, who were also knowledgeable i n farming, were sent out to help educate Indian 71 adults i n "both practical and academic matters. 1 Either these earlier programs were unsuccessful, or else they were abandoned for other reasons, because a survey i n 1956 showed a consider-able degree of i l l i t e r a c y among Indian adults. Since that time, a specific program, based on UNESCO methods, has been adapted. This program was restricted to 11 centres on a t r i a l basis. At the same time, numerous vocational training courses have p been established. Prom a l l reports, the Indian adults appreciate these advances, and the programs w i l l probably be expanded as the need arises. However, a number of the bands have requested a different kind of adult education. They want opportunities presented to them for a guided study of the Indian Act, with copies available to the members. They want to be able to understand, within the context of the wider Canadian society, the changes which are occurring; they want to ask questions about these changes and, with the help of background information, to be f-ble to assess the answers which are given. 3 These Indians wish to know more about themselves, their status and their relationship with other Canadians. After requests 1 Canada, Department of Indian Affairs, Annual Report, 1877, p. 7 . 2 A Review of A c t i v i t i e s , 1948-1958, pp. 26-27. 3 National Commission on the Indian Canadian, Unpublished Analysis of Indian Briefs to the Parliamentary Committee on Indian Aff a i r s , August 2 0 , 1959, p. 3 . 72 of such basic relevance, i t almost seems facetious when only "selected bands" are allowed to form school committees, e s p e c i a l l y when r e s p o n s i b i l i t i e s are l i m i t e d to such things as truancy and care of school property. 1 The continued use of " t r i a l groups" and "selected bands", in d i c a t e s that the Indian A f f a i r s Branch s t i l l does not f e e l that Indians are ready f o r the "advances", which are a part of everyday l i v i n g f o r most Canadians. However, on the whole, the education program seems to r e f l e c t the desire of the Branch to help Indians progress to the point where they can f u l l y assume con t r o l of t h e i r own a f f a i r s . Integrated schooling i s a prime r e q u i s i t e i n t h i s regard, and f u r t h e r expansion should be continued. More encouragement and emphasis must be placed on higher education, and such aids as scholarships, bursaries and l i v i n g allowances increased, so that every Indian student with the capacity and desire w i l l be able to get as much education as p o s s i b l e . While vocational courses are important and more are needed, the v a r i e t y i n Indian s k i l l s and i n t e r e s t s should be stimulated. Totem poles and native c r a f t s a t t e s t to the c u l t u r a l c r e a t i v i t y of Indians; surely not a l l of these t a l e n t s have been sub-merged by the dominant majority? Encouragement i n the "Arts" could rejuvenate r a c i a l pride while providing an ou t l e t f o r creative self-expression. 1 A Review of A c t i v i t i e s , 1948-1958, p. 27 73 The emphasis on education "by "both the Indians and the Branch augurs well f o r the future. However, optimism should he tempered "by the following statement which applies equally to Indian-Canadians and Indian-Americans: The problem of imbalance between land resources and Indian population makes i t i n c r e a s i n g l y necessary f o r a large per-centage of Indian adults to look f o r employment beyond t h e i r r e servation.... However, the problem today i s not merely f i n d i n g a job but f i n d i n g a job that matches outmoded s k i l l s . Because of lack of educational opportunities i n t h e i r youth, or, i n some instances, because of f a i l u r e to take f u l l advantage of the opportunities that were a v a i l a b l e to them i n t h e i r youth, most Indian adults l i v i n g on Indian reservations today are under-educated by comparison with the general population of the country. As industry becomes more and more one of automation, t h e i r chances become l e s s and l e s s . l Although automation w i l l s i g n i f i c a n t l y a f f e c t non-Indian u n s k i l l e d labourers, there i s an admitted gap between the average l e v e l of education attained by Indians and non-Indians. The gap i s being closed but w i l l require even greater acceler-a t i o n i n the next ten years. Many people, i n c l u d i n g Indians, believe that only with improved education w i l l the Indian ever a t t a i n e q u a l i t y with h i s fellow Canadians. This i s undeniable, but the education w i l l have to consist of more than formal schooling. 1 "Machines Versus U n s k i l l e d Labor," Indian Education, No. 334, Nov. 1, 1959. Washington, D. C. 74 In the educational process, both Indian and non-Indian alike w i l l have to foster a deeper understanding of themselves, and each other, before true equality w i l l be achieved. Health Ever since settlement i n Canada began, health and disease have been a major problem for Indians; and conse-quently for those who manage the aff a i r s of Indians. Indians were highly susceptible to such diseases as smallpox, tuber-culosis, diphtheria and typhoid, and staggering numbers of Indians died from these diseases. The depletion of the Indian population was so severe, and widespread, that Indians were thought of as "the vanishing race". By 1900, i t was e s t i -mated that the Indian population was about half the total i t had been when Jacques Cartier f i r s t came to Canada. In the twentieth century, this trend has been reversed, and the number of Indians i n Canada i s now approaching 180,000. 1 The reversal of this trend can be greatly attributed to the increase i n the quantity and quality of Indian health services, which have made extensive use of the advances i n medical science. It was not u n t i l the 1920's that the new trend was particularly noticeable. This i s commented on i n a report by the Indian Health Services: 1 A Heview of A c t i v i t i e s , 1948-1958 (Supplementary Information, May 2, I960), p. 1. 75 ... efforts to develop a health service were sporadic up to 1927 when the present organization began to take form. Prior to that date, and from the f i r s t migration to this continent, commendable but unco-ordinated efforts had been made to improve the health of the native peoples by good-hearted men and women, missionaries and the surgeons of the Imperial forces. 1 Undoubtedly, the decrease i n infant mortality and deaths from such diseases as tuberculosis, smallpox and diphtheria can be attributable to increased organized health services. Unfor-tunately, i t was two or three hundred years late i n beginning. A Superintendent of Medical Services had been set up i n 1905, p but the venture had been unsuccessful. Why this venture fai l e d , and the 1927 effort succeeded, i s not known to the author. In 1945, Indian Health Services became part of the Department of National Health and Welfare. As such, i t became involved i n a national approach to health problems of Canadians, whether Indian or non-Indian. This resulted i n constant interaction with other professional personnel con-cerned with health, and resulted i n a mutual exchange of information and ofttimes, service. Relationships with provincial authorities were f a c i l i t a t e d by the new Dominion-Provincial health programs. Two features seem to distinguish 1 Indian Health Services, Annual Report, Department of National Health and Welfare, 194-9, p. 104. 2 Ibid., 1956, p. 84. 7 6 Indian Health Services from Indian A f f a i r s Branch. The f i r s t i s that health has been conceded to he a f i e l d i n which pro-f e s s i o n a l t r a i n i n g and competence are required. The second i s that a considerable degree of d e c e n t r a l i z a t i o n has taken place, allowing a c t i v i t i e s to be based more on l o c a l conditions. Although Section 7 2 ( g ) of the Indian Act states that the Governor-in-Council may make regulations "to provide medical treatment and health services f o r Indians", there i s no statutory o b l i g a t i o n to provide these s e r v i c e s . The health services were developed "as a v o l u n t a r i l y assumed moral o b l i g a t i o n on the part of the government, to provide assistance to a more p r i m i t i v e people and to. protect the new inhabitants from epidemics which might explode i n a population not pre-v i o u s l y exposed to the diseases of Europe." 1 This moral o b l i g a t i o n has always, i n some degree, been accepted by the f e d e r a l government. The response, a r i s i n g out of t h i s acceptance, has often been l a c k i n g i n both q u a l i t y and quantity of s e r v i c e s . Even today, the service i s not e n t i r e l y adequate. Some bands dispute that only moral ob l i g a t i o n s are involved. The Indians of B r i t i s h Columbia, f o r example, c i t e A r t i c l e 13 of the terms of union by which B r i t i s h Columbia joined the Confederation. In t h i s a r t i c l e the f e d e r a l govern-ment agreed to take over Indian care. A spokesman f o r B r i t i s h Columbia Indians has stated; "We i n t e r p r e t the word 'care' 1 Indian Health Services, Annual Report, 1948, p. 40. 77 as i n c l u d i n g medical, educational and welfare c a r e . " 1 According to Dr. P. E. Moore, Dir e c t o r of the Federal Indian Health Services, the j u s t i c e department has r u l e d that Indians have no more r i g h t to free medical services than other Canadians. However, many Indians and others i n t e r e s t e d i n Indian a f f a i r s have ind i c a t e d that t h i s r u l i n g w i l l be appealed. Public health measures, preventive medicine and health education are r e a d i l y a v a i l a b l e to a l l Indians. There are, however, three c r i t e r i a which determine e l i g i b i l i t y f o r medical treatment. They are: 1. The person must be an Indian within the meaning of the Indian Act. 2. He must be following the Indian way of l i f e , e.g. l i v i n g on a reserve or away l e s s than a year. 3. He must be f i n a n c i a l l y unable to arrange appropriate treatment himself. These c r i t e r i a are taken from an Annual Report of the Indian Health Services, and are supported by the following statement: It i s the avowed i n t e n t i o n of every agency of government to f o s t e r a sense of s e l f -s u f f i c i e n c y and independence i n these 1 K e l l y , Peter, Dr., "Vancouver Sun, Jan. 30, 1961. 2 Vancouver Sun, March 22, 1961. 78 people — to advance them to the stage where they can i f they wish assume the f u l l p r i v i l e g e s and r e s p o n s i b i l i t i e s of c i t i z e n s h i p . On the other hand, there are many Indians who may be unable to arrange proper care f o r themselves and t h e i r f a m i l i e s . The h o s p i t a l and medical expenses of these people i s considered a just charge on p u b l i c funds, but a balance has been attempted between over-paternalism and r e j e c t i o n . 1 For t h i s reason, Indians who are f i n a n c i a l l y able to pay f o r treatment are expected to do so. Unfortunately a l l h e a l t h service personnel and Indian superintendents do not i n t e r p r e t t h i s statement i n the same way. Since the Superintendent has the task of deciding e l i g i b i l i t y , there are numerous complaints about favour i t i s m and prejudice. The regulations governing Indian Health Services allow considerable f l e x i b i l i t y . The d i s c r e t i o n given l o c a l a u t h o r i t i e s has r e s u l t e d i n marked advancement i n areas administered by progressive i n d i v i d u a l s ; progress has been slower i n other areas. The Indian Health Service i s j u s t l y proud of i t s e f f o r t s i n detecting and t r e a t i n g such diseases as tuber-c u l o s i s . Tuberculosis has been an anathema to Indians f o r years, and h a l f the patient days i n h o s p i t a l are f o r the treatment of t h i s disease. Since 1955, there has been a r a p i d decrease i n the number of Indians under treatment f o r tuber-c u l o s i s . In 1955 there were 5 ,900 Indians r e c e i v i n g treatment, 1 Indian Health Services, Annual Report, 1957, p. 76• 79 w h i l e i n 1958 t h e r e were l e s s than. 3J500.1 O b v i o u s l y the e f f o r t s have been h i g h l y s u c c e s s f u l . One o t h e r c r i t e r i o n o f t h i s s u c c e s s , and o f c o n s i d e r a b l e s i g n i f i c a n c e , i s t h a t many t u b e r c u l a r I n d i a n s now r e q u e s t s e r v i c e . B efore the f o r m a t i o n o f I n d i a n H e a l t h S e r v i c e s i n i t s p r e s e n t form, many i n d i v i d u a l s and groups c o n t r i b u t e d s i g n i -f i c a n t l y t o the h e a l t h needs o f I n d i a n s . T h i s non-departmental a i d has been encouraged, and v e r y e f f e c t i v e l y u t i l i z e d , by the I n d i a n H e a l t h S e r v i c e s . Because s t a f f and bed s h o r t a g e s s t i l l remain, and because t r a n s p o r t a t i o n d i f f i c u l t i e s are numerous i n many a r e a s , h e l p from o u t s i d e the S e r v i c e i s e s s e n t i a l . T h i s not o n l y supplements the I n d i a n H e a l t h S e r v i c e s , but c o u l d engender, i n I n d i a n s , a f e e l i n g of e q u a l i t y w i t h non-In d i a n s i n the a r e a . In t h i s r e g a r d , i t would appear d e s i r a b l e t o expand the use o f o u t s i d e s e r v i c e s wherever p o s s i b l e . A l t h o u g h I n d i a n h e a l t h s e r v i c e s , on the whole, seem to be f a i r l y adequate, t h e r e are some c o m p l a i n t s . R e c e n t l y a f u r o r was aroused i n n o r t h e r n B r i t i s h Columbia, when a department d e n t i s t made e x t r a c t i o n s without p a r e n t a l p e r m i s -p s i o n . The s c h o o l p r i n c i p a l s a i d the treatment was i n marked c o n t r a s t t o t h a t g i v e n the white c h i l d r e n . I n another case an I n d i a n was unable t o o b t a i n m e d i c a l treatment f o r h i s s i c k 1 Canada Year Book, I960, p. 205. 2 Vancouver Sun, Jan. 1961. 80 c h i l d at two d i f f e r e n t h o s p i t a l s . 1 Although these may only he i s o l a t e d examples, they highly influence the a t t i t u d e of the p u b l i c , i n general, and Indians, i n p a r t i c u l a r , towards Indian health s e r v i c e s . Indians have become so accustomed to r e c e i v i n g treatment d i f f e r e n t from t h e i r f e l l o w Canadians, that i t i s not s u r p r i s i n g that they attach p a r t i c u l a r importance to these i n c i d e n t s . Hawthorn recommends that comprehensive medical care should be given Indians. Although the reasons f o r t h i s recommendation are not e n t i r e l y convincing, the idea merits perusal. The reasons given are that t h i s i s an age of exten-sion of medical care, the means t e s t i s d i f f i c u l t to administer, the administrative machinery i s already set up f o r compre-p hensive medical care, and the hazardous health s i t u a t i o n . Although a l l of these reasons have p r a c t i c a l s i g n i f i c a n c e , the hazardous health s i t u a t i o n , coupled with the general low income l e v e l of Indians, seems most important. Free compre-hensive care f o r Indians would be a p r i v i l e g e not enjoyed by other Canadians. However, the Indian health s i t u a t i o n i s f a r worse than the general Canadian scene, e s p e c i a l l y i n regard to communicable diseases. I t would appear to be enlightened s e l f - i n t e r e s t , on the part of a l l Canadians, to see the Indian health s i t u a t i o n improved, even i f t h i s meant free medical care. 1 Vancouver Sun, March 22, 1961. 2 Hawthorn, The Indians of B r i t i s h Columbia, p. 406. 81 The question of p r i v i l e g e has some precedent i n Veteran's A f f a i r s , which generally enjoy p u b l i c support. Housing Nothing more portrays the s o c i a l and economic status of people than t h e i r housing, t h e i r neighbourhoods, and general amenities. On the whole, Indian homes d i s p l a y more v i v i d l y , and i n a material fashion, the conditions under which they have been forced to e x i s t . These houses r e f l e c t not only the despair and hopelessness of t h e i r inhabitants, but also the lack of respect and concern by those charged with the r e s p o n s i b i l i t y of caring f o r Indians. Because the public i s generally aware that t h i s r e s p o n s i b i l i t y l i e s with the Indian A f f a i r s Branch, the condition of Indian housing i s often d i r e c t l y a t t r i b u t e d to the Branch. In recent years the government has become keenly aware of t h i s , and has delegated great importance to improved housing on Indian reserves. Because many Indian bands were o r i g i n a l l y mobile, housing occupied a rather unique p o s i t i o n i n t h e i r h i s t o r y . Since i t was necessary f o r them to move from place to place i n order to obtain n e c e s s i t i e s through hunting and f i s h i n g , permanency i n s h e l t e r was not a f a c t o r . That t h e i r arrange-ments i n regard to s h e l t e r were s a t i s f a c t o r y , i s seen i n the way they taught the European newcomers how to survive i n a p r i m i t i v e country. However, the depletion of natural food sources such as the b u f f a l o , and the i n t r o d u c t i o n of the 82 reserve system, rendered them r e l a t i v e l y immobile. Having had l i t t l e experience i n the proper construction of houses, and attaching l i t t l e importance to a permanent home, many Indians had quite inadequate s h e l t e r . Although a number of Indian agents t r i e d to encourage Indians to adopt conventional housing, some of them pre f e r r e d to l i v e i n tents or root-houses. On the whole, most Indian housing was r e l a t i v e l y poor. Because of the d e c l i n i n g population, housing was not considered a serious problem, and there was a tendency to "make do" with the present housing. When the population began to increase, the s i t u a t i o n became much worse. More and more people were crowded into the poorly b u i l t houses, and the rate of d e t e r i o r a t i o n increased. These l i v i n g conditions not only accentuated and contributed to a hazardous health s i t u a t i o n , but also engendered a con-siderable debasement of s p i r i t , and morale. Too often have Indians been informed, by word and deed, that they were not worthy of the same consideration as other Canadians. To many people, the deplorable housing conditions were the epitome of a l l the discriminatory measures against Indians. It appears that the Branch was v i r t u a l l y forced to improve services i n t h i s area. In ten years, a f t e r over eleven m i l l i o n d o l l a r s was spent on b u i l d i n g over nine thousand, new homes, and almost two m i l l i o n d o l l a r s expended on r e p a i r s to over twenty-two thousand houses; twenty-nine per cent of 83 Indian homes were s t i l l considered poor. 1 I t i s obvious that housing was i n a c r i t i c a l state at the beginning of t h i s program, and that much improvement remains to be done. The housing s i t u a t i o n i s further compounded by a number of f a c t o r s . The f i r s t i s that the Indian population i s increasing at the cumulative rate of approximately three per cent per year, p which i s considerably higher than the Canadian average. Another f a c t o r a f f e c t i n g housing, i s that Indians are more and more accepting the custom, observed i n other Canadians, of the conjugal family l i v i n g apart from parents. A t h i r d f a c t o r i s that many Indians look upon housing as an important i n d i -c a t i o n of t h e i r standing, and are no longer s a t i s f i e d with previous standards. Because of these f a c t o r s , and because the present s i t u a t i o n i s quite u n s a t i s f a c t o r y , housing i s bound to occupy a p o s i t i o n of considerable importance f o r a number of years. For those who consider that Indian housing r e f l e c t s the desires and the way of l i f e of i t s inhabitants, there are several points to be considered. Since most reserves are unmarked, i t i s often impossible to d i s t i n g u i s h between Indian and non-Indian homes where a reserve adjoins a v i l l a g e . In many cases, some of the Indian houses are f a r more presentable than non-Indian houses i n the area. However, on the whole, 1 A Review of A c t i v i t i e s , 1948-1958, pp. 16-17. 2 I b i d . , p. 2. 84-most Indian homes are of poorer construction and standard than non-Indian homes. The most important consideration, though, i s whether these homes r e f l e c t the desires of the Indians who l i v e i n them. Because twelve people l i v e i n one room does not mean that they enjoy or want t h i s type of accom-modation. Most Indians would l i k e b etter housing. Hawthorn comments on t h i s : Many ... now hold as an i d e a l something l i k e the middle-range White standards of comfort and furnishing....1 Although some Indians are s a t i s f i e d with rather p r i m i t i v e conditions, most of them desire standards comparable to that of non-Indians. Limited resources are as much a reason f o r poor housing on Indian reserves, as f o r poor houses i n "blighted areas" i n urban Canadian centres. The Indian A f f a i r s Branch has been h i g h l y cognizant of both the poor houses and the l i m i t e d resources. The pre-v i o u s l y mentioned housing program i s a r e f l e c t i o n of t h i s awareness. On the other hand, i t has also been suggested that, by f u l f i l l i n g the housing needs of Indians, dependency may be encouraged. The approach of the Branch i s seen i n the f o l -lowing statement: In the f i e l d of housing, f i n a n c i a l assistance i s provided f o r the construction of new homes 1 Hawthorn, The Indians of B r i t i s h Columbia, p. 4-3. 85 and for repairs. This supplements rather than replaces the contributions of the Indians themselves, the form of labour, materials and money, and the assistance available, to them from their Indian Band Funds, Veteran's Land Act Grants, and other sources. In recent years, for every dollar contributed by the Indian Affairs administration, there has been on average an equal contribution from the Indian householders and the other sources noted above. Although the aim of supplementing Indian contributions i s commendable, i t has not always been successful i n practice. Indian superintendents have tremendous power and influence i n certain aspects of administration within their agencies. Because individual attitudes d i f f e r , many different methods are used to ensure that Indians contribute in some way towards better housing. Some superintendents are mainly concerned with the appearance of the houses on the reserves; some are solely concerned with the present welfare of the Indians on the reserves; some are future-oriented and feel that poor housing i s better than increased dependency and further paternalistic expectations. Because of the variety of methods ut i l i z e d , many bands feel discriminated against when their housing program differs from that of a neighbouring band. It i s known that the Indians appreciate the improve-ments in housing, but the improvement i n some houses has only 1 The Canadian Indian, Department of Citizenship and Immigration, 1959, p. 16. 86 accentuated the condition of the remainder. This i s com-pounded by the f a c t that "though many o l d people on the reservations now have decent homes, the younger married couples with f a m i l i e s do not, yet i t i s p r e c i s e l y t h i s group which i s to make the f u t u r e . " 1 This i n d i c a t e s that Indians f e e l they have a r i g h t to decent housing, and are concerned about the future — i f t h i s need i s not met. Admittedly an o v e r - a l l approach i s d i f f i c u l t , and w i l l probably f o s t e r further dependency on the part of some Indians. However, a number of f a c t o r s should influence the administration of the b u i l d i n g program. One f a c t o r i s that a s u b s t a n t i a l number of Indians are l i v i n g i n poor houses. Some houses are so poor that changes should be made whether the inhabitants become more dependent or not. When min i s t e r i n g to a patient i n c r i t i c a l c o ndition, a doctor r a r e l y cares whether h i s patient w i l l become dependent. Some Indians have given up hope, and i t takes more than the promise of better housing to s t i r up a desire f o r independence. I t i s to t h i s group, the aged, disabled and d e s t i t u t e , that the Indian A f f a i r s Branch has given top p r i o r i t y . These Indians are hi g h l y dependent now, but they are s t i l l human beings. By helping them obtain 1 National Commission on the Indian Canadian, Unpublished Analysis of Indian B r i e f s to the Parliamentary Committee on Indian A f f a i r s , August 2 0 , 1959, p. 2 . 87 decent houses, some i n i t i a t i v e could be encouraged. A f t e r many years of encouraged dependency, i t i s natural that some Indians w i l l be incapable of becoming independent. As human beings, they are, at l e a s t , deserving of decent s h e l t e r . Assuming that a decent, not i d e a l , l e v e l of housing i s the r i g h t of Indian and non-Indian a l i k e , there are s t i l l problems. Two f a c t o r s of extreme importance are seen i n the approach of the Indian A f f a i r s Branch to housing; (a) the constant f e a r of f o s t e r i n g dependency i n Indians, and (b) the lack of planning i n the program. Some mention has already been made about the question of dependency i n c e r t a i n groups, such as the aged and disabled. However, the p r a c t i c e of "painting a l l Indians with the same brush" i s even seen i n housing. This negative approach i s once again i n marked contrast to the treatment afforded other Canadians. For example, almost a l l improved housing i n Canada, since World War I I , has been subsidized by government expenditures. The Defence Department bui l d s houses at one hundred per cent cost to the government, and l i t t l e concern i s evinced that t h i s i s breeding dependency. Few people i n Canada are i n the p o s i t i o n to pay cash f o r t h e i r homes, and su b s i d i z a t i o n i n t h i s regard has become an accepted f a c t . The lack of planning i s extremely apparent i n the Indian housing program. In most cases, the approach i s piece-meal i n nature, with houses being repaired or b u i l t one at a 88 time. A l l housing experts agree that piecemeal planning i s hopeless. There must he p r o j e c t s , and the plan must include more than merely housing needs. More than a b u i l d i n g i s required f o r a home, and more than a group of buildings i s required f o r a community. Housing experts are h i g h l y cog-nizant of t h i s . Amenities such as schools, churches and community h a l l s , along with the basic u t i l i t i e s , contribute to the success of any community. A piecemeal approach w i l l never achieve these aims or o b j e c t i v e s . Even when the Branch has allowed or encouraged development on a reserve as a whole, the lack of f o r e s i g h t and o v e r a l l planning i s evident. An excellent example of t h i s occurred r e c e n t l y on the Mission Reserve i n B r i t i s h Columbia. The Squamish Indians ... voted some $175 ,000 .00 from t h e i r band funds to be used f o r housing purposes. As a r e s u l t a number of old and d i s -carded wartime houses, formerly used by the shipworkers during the war, were purchased ... (A study) ... was done during the winter of 1954» When the r e s u l t s were compared, i t became obvious that while i n d i v i d u a l f a m i l i e s are somewhat more comfortable, the Mission Reserve i s s t i l l a congested, overcrowded and disorganized community. The need f o r new housing, a new v i l l a g e , and a f r e s h approach s t i l l remains, unaltered by the expenditure of $175 ,000 .00 of Indian funds. 1 This example i s i n d i c a t i v e of what occurs when a piecemeal 1 Toren, C y r i l , K., Indian Housing and Welfare, Master of S o c i a l Work Thesis, U n i v e r s i t y of B r i t i s h Columbia, 1957, p. 8 89 or unplanned approach i s used — money i s wasted, conditions are only minimally improved, and status and morale are f u r t h e r depressed. i s that a plan was a v a i l a b l e , which could have given new houses to a l l these Indians as well as u t i l i t i e s , a school, a community h a l l , and a u t i l i t y block, at approximately the same expenditure of band funds. The plan was submitted by Dr. Leonard Marsh of the School of S o c i a l Work at the U n i v e r s i t y of B r i t i s h Columbia, based on a survey conducted i n 1 9 5 0 - 5 1 • 1 The plan included provisions f o r the present and future needs of the inhabitants, and allowed f o r the program to be imple-mented i n three stages. In r e a l i t y , i t was a b l u e p r i n t to transform a conglomeration of d i r t y , d i l a p i d a t e d shacks in t o an a t t r a c t i v e " l i v e " community. Into t h i s plan, was i n c o r -porated the idea that a housing project i s more than a replace-ment of b u i l d i n g s , and that band and i n d i v i d u a l t a l e n t s and a b i l i t i e s could be exercised and nurtured as part of the b u i l d i n g plan. Band experience and r e s p o n s i b i l i t y would be b u i l t as well as b u i l d i n g s . Two methods of fin a n c i n g the p r o j e c t were offered, both of which required f e d e r a l government p a r t i c i p a t i o n . Neither of these methods required that the 1 Marsh, Leonard C. Dr., North Shore Reservation: Housing  and Planning P r o j e c t , Report No. 2 , August, 1950; Departments of S o c i a l Work and Architecture, U n i v e r s i t y of B r i t i s h Columbia:, mpvbhsbzd; k ^ ^ e ^ ^ A w * ) . What makes t h i s example p a r t i c u l a r l y s i g n i f i c a n t , 90 f e d e r a l government grant an amount equal to the con t r i b u t i o n of the band i t s e l f . The project was unaccountably dropped, and the s i t u a t i o n on the Mission Reserve remains poor to the present day. The idea of r e q u i r i n g Indians to contribute to the housing program i n the form of materials, labour and money, as a safeguard against dependency, also appears to s u f f e r by the piecemeal approach. Many Indians, l i k e many non-Indians, have no s k i l l or experience i n b u i l d i n g houses. Consequently, many of the houses b u i l t i n t h i s way are l i t t l e more than shacks, and the r e s u l t i s a perpetuation of the problem. A planned approach within reserves would allow f o r the u t i l i -z ation of both s k i l l e d and u n s k i l l e d Indians. This would emphasize band cooperation and r e s p o n s i b i l i t y , and could r e s u l t i n increased p a r t i c i p a t i o n and i n c e n t i v e . Dr. Marsh argues that: I f housing i s r e a l l y to be improved, i t must ' be done thoroughly. The only hopeful method i s one which (a) w i l l ensure that a family s t a r t s a new lease on l i f e i n a w e l l - b u i l t , adequately-equipped home; (b) w i l l make c l e a r that the house i s part of a community, not an i s o l a t e d cabin i n the woods, and (c) w i l l e n l i s t the incentives of community s o l i d a r i t y , mutual a i d , and competitive example.1 The piecemeal approach, and the negative approach, can only r e s u l t i n s u p e r f i c i a l and short-range improvement. This has 1 Marsh, North Shore Reservation: Housing and Planning P r o j e c t , p. 1 3 . 91 been borne out i n experience i n Indian housing. The only-successful programs have been on reserves where band p a r t i c i - . p ation and cooperation have been e n l i s t e d and encouraged. Some superintendents have been quite successful i n helping bands e s t a b l i s h cooperatives, b u i l d saw-mills, and use band timber to a l l e v i a t e housing conditions. In t h i s way, not only i s be t t e r housing obtained at a lower cost, but band p a r t i c i p a t i o n and i n t e r e s t i s stimulated. The b u i l d i n g program r e s u l t s i n increased independence rather than dependence. This i s not possible on many reserves. How can other Indians be helped to achieve the same r e s u l t s ? This question might best be answered by considering how other Canadians acquire homes. Since very few people are f i n a n c i a l l y i n the p o s i t i o n to pay cash f o r houses, the average Canadian e i t h e r rents a house or buys h i s home on c r e d i t . The Indian i s i n a d i f f e r e n t p o s i t i o n . Very r a r e l y are there any homes to rent on a reserve, although an increased b u i l d i n g program might make t h i s p o s s i b l e . The only resources, at present, f o r Indians wanting c r e d i t to purchase a home, are band funds and Veteran's Land Act grants. These resources are not avai l a b l e to many Indians. Although a loan scheme to a s s i s t housing on Indian reserves has been discussed f o r years, i t has not been established as yet. The author has been u n o f f i c i a l l y informed that l e g i s l a t i o n to t h i s e f f e c t w i l l be enacted t h i s year, and i t would appear to be h i g h l y d e s i r a b l e . 92 There are many Indians who, despite t h e i r l i m i t e d resources, p r e f e r to l i v e i n t h e i r present homes or wait f o r the c r e a t i o n of a loan fund, rather than request help from the l o c a l superintendent. For some Indians t h i s i s a matter of p e r s o n a l i t y , but f o r many i t i s the desire f o r independence. The want to own t h e i r houses, and to have the freedom to plan, a l t e r , and dispose of the houses as they see f i t . Although Indians have f u l l usufruct i n houses b u i l t completely or p a r t l y by Branch appropriations, there are c e r t a i n r e s t r a i n t s . Houses b u i l t f o r aged persons u s u a l l y revert to the Branch, f o r r e a l l o c a t i o n , on the death of the inhabitants. As f a r as i s known, the Branch r e t a i n s an equity i n the other homes i n order to c o n t r o l r e s a l e . 1 The Indian i s r e s t r i c t e d enough i n property matters (he only occupies h i s p o r t i o n of the reserve, he cannot s e l l h i s house to a non-Indian) without t h i s added c o n t r o l by the Branch. I f more Indians could be encouraged to obtain f u l l equity i n t h e i r homes, a sense of ownership and s e l f - r e s p e c t could be stimulated. The author has spoken to a number of Indians about t h i s . They have sa i d that i f they were able to take advantage of the National Housing Act, they would not be forced to "beg" f o r help from the Superintendent. These Indians f e l t that they were being compelled to accept c h a r i t y , and that the housing program made them even more dependent on the whims of the Superin-tendent . 1 Hawthorn, The Indians of B r i t i s h Columbia, p. 239. 93 The object of the Branch i s to a l l e v i a t e substandard housing conditions. However, a l l superintendents are con-cerned with the question of dependency, and t h i s enters into most decisions concerning housing. Unfortunately some Superintendents are more concerned about dependency than they are about housing. Because of t h e i r f e a r of cr e a t i n g more dependency, they are ti m i d to new approaches to housing and community experiment which may be a v a i l a b l e . On the whole, the housing program represents an unplanned, piecemeal approach, based on negative precepts. Planning and an over-a l l approach are e s s e n t i a l , and the guidance and consultation of housing experts would be invaluable. Indian housing must be subsidized, but the program should be u t i l i z e d to help the Indian a t t a i n , not only improved housing, but a more s a t i s f y i n g and meaningful l i f e . .CHAPTER IV NEW HORIZONS Any"study of the Indian Act may be l o g i c a l l y divided into two eras; from 1876 to 1951, and from 1951 to the present. The former era covers the period of time from the o r i g i n a l Indian Act to the new Indian Act. The o r i g i n a l Act was l a r g e l y based on two postulates. The f i r s t i s that Indians were p r i m i t i v e , backward people, who were not capable of handling t h e i r own a f f a i r s , and must be protected from themselves and others. The second postulate was that Canadian Indians were a l l the same, and that one Act could apply to a l l of them. These postulates were perhaps sup-ported by a comfortable b e l i e f that passive, dependent Indians were safer to have i n the country than a c t i v e , independent Indians. U n t i l the l a t e 1 9 2 0 's, i t was also believed that the Indian race would soon be e x t i n c t . I t hardly seemed reasonable to expend much time or money i n helping Indians achieve independence and s e l f - s u f f i c i e n c y , when so few of them would be around to enjoy i t . However, when the Indian population began to increase instead of decrease, a dilemma arose. Por many 95 years Indians had been encouraged to accept the paternalistic care of the government. After this heritage of paternalism, could Indians now be convinced that they would be better off without i t ? Even i f they could be convinced of this, were they capable of assuming control over their own af f a i r s , and adequately discharging the rights and duties of citizenship? If they were capable of controlling their own a f f a i r s , should they be encouraged to continue l i v i n g on reserves, or should the emphasis be on integration with the rest of Canada? These questions, and many more, faced those charged with the admini-stration of Indian a f f a i r s . There appears to have been some lag between the reversal of the population trend, and a changed approach to Indian problems. Partly, this may have been due to the depression i n the 1930's, and to World War II; partly, i t may have been the reflection of resistance to change i n a well-entrenched i n s t i t u t i o n . Whatever the reasons, i t was not u n t i l the late 1940's that a constructive approach was begun. In order to c l a r i f y the position of Indians at that time, and to make future plans, a special Joint Com-mittee of the Senate and House of Commons completely examined Indian a f f a i r s during the parliamentary sessions of 1946, 1947 and 1948. Changes were required — the old Act was repealed, and a new Act brought into force i n 1951. The most significant feature about the new Act i s that the legislators made allowances for bands to have more control over their own 96 a f f a i r s . But as t h i s study has already indicated, there i s a strong inference i n the l e g i s l a t i o n that most Indians are not capable of handling t h e i r own a f f a i r s . Numerous r e s t r i c t i o n s i n the Act t e s t i f y to t h i s . A ttitudes die hard, but the l e g i s l a t i o n also concedes that some bands are capable of a t t a i n i n g an "advanced" p o s i t i o n . What have been the r e s u l t s of t h i s new Act, i n the ten years since i t s inception? Beyond question, great improvements have occurred i n education, health, housing, and population growth, although Indians s t i l l l a g behind non-Indians i n these areas. There have been improvements i n c h i l d welfare, p u b l i c assistance, and an extension of the c i t i z e n s h i p r i g h t s of Indians. Although a l l of these improvements may not be d i r e c t l y a t t r i b u t e d to the new Act, or subsequent amendments, many of them r e f l e c t a more o p t i m i s t i c attitude towards Indians. In spite of the f a c t that Indian bands, or i n d i v i d u a l s , have to prove themselves worthy of some ordinary Canadian r i g h t s , there have been numerous requests by Indians f o r more r e s p o n s i b i l i t y i n c o n t r o l l i n g t h e i r own a f f a i r s . They are w i l l i n g to be tested, even though the average Canadian would r e b e l at any such suggestion f o r himself. B a s i c a l l y , the attitude remains that most Indians are not capable of managing t h e i r own a f f a i r s . In t h i s regard, some changes may be forthcoming i n the near future. For the past three years another Joint Committee of the Senate and House of Commons has been 97 examining Indian a f f a i r s . Although the specific recommend-ations of this Committee are not known, a recent newspaper art i c l e indicates some areas of interest. One statement of relevance i s : The Indians generally demand a greater voice i n the direction of their affairs through a transfer of authority and responsibility to band councils and a lessening of the control and authority of the governor-in-council, minister, and administrative staff. Another runs: It was also the consensus that the band councils ought to be given greater encouragement and opportunity for adminl stration of band funds and that they should be allowed to make mistakes, for only i n that way can real experience and responsibility be developed.! In order to prepare themselves for these responsibilities, Indians want leadership training; they seek courses i n book-keeping, sanitation, community planning and welfare matters. This would certainly indicate that Indians not only want more responsibility, but have some realization what this added responsibility entails. It i s to be hoped that their requests w i l l receive the understanding and support of the legislators. Although the new Indian Act, and subsequent amend-ments, represent a somewhat enlightened approach to Indian 1 Vancouver Sun, Ap r i l 18, 1961 98 problems, there i s room f o r improvement. I t i s not the in t e n t i o n of the author to submit a l i s t of t e c h n i c a l sug-gestions, which can be applied to such programs as health, housing, etc. These s p e c i f i c programs are often successful or unsuccessful, not because of t h e i r objective merits or demerits, but because of the way i n which they are implemented. A new approach i s required — an approach which i s p r i m a r i l y a t t i t u d i n a l . To begin with, Indians must be considered as human beings and worthy of respect and d i g n i t y as such. Secondly, they are Canadian c i t i z e n s , and should be given as much consideration as other Canadians. To say that Indians must be considered as human, beings may appear facetious, but the conditions under which many have been forced to l i v e b e l i e t h i s . The pauperized condition of many Indians i s not the r e s u l t of free choice. The c i t i z e n s h i p of Indians has been more preached than p r a c t i s e d . They were not even given the fe d e r a l franchise u n t i l I960, and i n many ways they remain "second-class c i t i z e n s " . Unless these basic considerations are given credence and acceptance, any program w i l l only r e s u l t i n s u p e r f i c i a l gains by the Indians. Another f a c t o r of pertinence i s that there has been a tendency to stereotype Indians. The Indian Act applies to Indians across Canada, but even within one province, d i f -ferent bands and i n d i v i d u a l s have tremendously varying pro-blems. There are as many differences between various bands 99 as there are between Indian communities and non-Indian communities. This i s not to suggest that the Indian Act be abolished — t h i s i s neither possible nor desirable at the present time. I t i s merely to suggest that, when amendments are being considered, or p o l i c y formulated, the varying needs of d i f f e r e n t Indians be considered, and some allowance made f o r l o c a l conditions. This i n f e r s l e g i s l a t i o n i n very general terms, which allows considerable d i s c r e t i o n at the l o c a l l e v e l . S t a f f use of t h i s d i s c r e t i o n and influence on programs w i l l be discussed l a t e r . The negative approach of Indian l e g i s l a t i o n has been often mentioned i n t h i s study. A c o r o l l a r y to the at t i t u d e that most Indians are not capable of handling t h e i r own a f f a i r s , has often been that Indians don't even want to improve t h e i r c ondition. I t does not require any s p e c i a l s o c i a l work convictions or expert knowledge of psychology or education to assert that few people, Indian or non-Indian, are l i k e l y to improve i n t h i s kind of atmosphere. The non-Indian b e l i e f that Indians are incapable of improving on t h e i r own, and that they are low-status people, has been incorporated i n the a t t i t u d e s of many Indians. The improvement that Indians have made i n the l a s t ten years, and t h e i r demand f o r f u r t h e r r e s p o n s i b i l i t y , should i n d i c a t e not only t h e i r w i l l i n g n e s s to assume more co n t r o l over t h e i r own a f f a i r s , but t h e i r a b i l i t y as w e l l . Although some bands w i l l e s t a b l i s h e f f e c t i v e c o n t r o l slowly, they should be judged not on t h e i r 100 a b i l i t y to succeed, but their a b i l i t y and willingness to learn and to try. Social work experience, with children of immi-grants, has shown that many changes are possible within the span of one generation, i f the incentive to try i s stimu-lated and encouraged. Indians have been highly influenced by non-Indian expectations of f a i l u r e . Could they not be as highly influenced, i n time, by non-Indian expectations of success? If Indian weaknesses can be thought of as undeveloped s k i l l s , then the log i c a l approach i s to help them develop these s k i l l s . If they are thought of as inherent r a c i a l t r a i t s , what positive steps are available? It must be remembered that this w i l l not be accomplished i n a short time, and allowance must be made for temporary f a i l u r e . It i s obvious that more has been done i n the last ten years i n Indian affa i r s than i n the previous seventy-five years. Much of this has been due to a change of attitude, and the future holds many more gains i f this attitude can be further libe r a l i z e d . Incorporation of this positive approach into le g i s l a t i o n , with i t s increased expectations, would mitigate the feeling of discrimination held by many Indians, and encourage them to face the future with higher dignity and greater hope. Indian Affairs Personnel Regardless of how enlightened legislation may 101 become, i t undergoes a transformation i n p o l i c y formulation and i n p r a c t i c e . The intent behind enlightened l e g i s l a t i o n can be d i s t o r t e d i n the hands of ultra-conservative admini-s t r a t o r s and policy-makers. By the same token, reactionary l e g i s l a t i o n can often be made human by s e n s i t i v e and under-standing administrators. In many cases, the present l e g i -s l a t i o n i s being i n t e r p r e t e d on the basis of the a t t i t u d i n a l approach recommended above. However, other administrators and superintendents i n t e r p r e t the present l e g i s l a t i o n i n i t s negative aspects. A well a r t i c u l a t e d , p h i l o s o p h i c a l and a t t i t u d i n a l approach must be understood, and accepted, by a l l Indian A f f a i r s personnel before the l e g i s l a t i v e intent w i l l be f u l l y r e a l i z e d . While a l l members of the Indian A f f a i r s Branch must adopt t h i s new at t i t u d e , the most important persons are the Indian superintendents. Superintendents represent the government, and t h e i r a t t i t u d e towards, and treatment of, Indians, r e f l e c t s the government's regard and concern about Indians. L i v i n g on reserves, and being i n intimate contact with the Indians, superintendents are i n an excellent p o s i t i o n to help Indians a t t a i n s e l f - s u f f i c i e n c y and a degree of independence. I t would be assumed that a superintendent approaching t h i s task with p o s i t i v e f e e l i n g s about the p o t e n t i a l of Indians, would enable considerable improvements. Although the f a i l u r e to make improvements i n e i t h e r the atti t u d e or condition of Indians may be a t t r i b u t e d to many 102 things, the Indians themselves sometimes misinterpret the actions of the superintendent, and resist them. At other times, the personal qualities of the superintendent anta-gonize the Indians. However, there are other factors which seem to he far more important. Indian superintendents require no special qualifications to equip them for their positions. An interest i n the outdoors, some experience i n primary industries such as fishing, trapping and logging, and a high school diploma w i l l often suffice. The following statement was issued i n 1959 by a knowledgeable, national body, after a thorough study of Indian administration. The Branch s t i l l looks upon this division as the work horse, and i t considers the main task of the superintendent i s to maintain an e f f i c i e n t office and carry out such inspections as are required.... It i s indicative of Branch attitude that salary increases are determined by the size of the reserve, and do not, i n any way, take into account the local problems. As i t often happens, the most d i f f i c u l t reserves have the least experienced help. The training program i s not r e a l l y designed to improve the position of the superintendent i n the eyes of the Indian; i t i s , rather, designed to improve office efficiency — much time being given to new and elaborate f i l i n g systems and new devices for requisitioning f i l i n g cabinets and paper.1 Many superintendents are so burdened with paper work and 1 "Trends i n the Administration of the Indian Affairs Branch for the Past Ten Years," Unpublished Report Compiled by the National Commission on the Indian Canadian, Toronto, 1959, p. 1 103 c l e r i c a l duties, that they do not have time to administer to the day-to-day needs of the Indians, much less plan for the future. The role of the superintendent i s primarily c l e r i c a l at present. Unless, and u n t i l , the Branch decides to exploit the educative functions of the superintendent's role, and ins i s t s on higher qualifications to meet this end, any enlightened leg i s l a t i o n w i l l f a l l far short of i t s objectives. The Indian Affairs Branch seems to have an antipathy to the use and employment of professional personnel. Rarely are specialists i n any f i e l d consulted, presumably on the assumption that Indian problems are different. Although trained social workers and teachers are now employed by the Branch, they are lower in rank and salary than the superin-tendent. Besides there are only nine social workers to serve close to 180,000 Indians. Needless to say, their efforts and a c t i v i t i e s are quite diffuse, and they function more as l i a i s o n persons than as social workers. In contrast, Indian Health Services, which operates from within the Department of National Health and Welfare, makes extensive use of specialists. Sickness and disease have been construed to be the area of competence for doctors and nurses. Because of the use of experts, the population trend has been reversed, and Indians enjoy better health conditions than they have had since the whites came to Canada. If the Indian Affairs Branch would adopt the same attitude, many improvements could be made i n other areas of Indian l i f e . Other Resources 104 Even i f the legislators and the Indian Affairs Branch were wi l l i n g to accept a f u l l y enlightened approach, they would need help. Although Indians are primarily the responsibility of the federal government, the cooperation of the provincial and local governments i s essential to any progress. Too often Indians have been l e f t i n need, while governments are deciding responsibility. However, "... governments, out of their concern for the child, are able to manipulate their machinery, cumbersome and d i f f i c u l t as i t may be, to serve the individual's best interest." 1 The cooperation that makes i t possible to give service to children, should be applied to a l l Indian problems. The use of voluntary organizations, whether lay or religious, must be expanded. A two-fold purpose i s accom-plished by voluntary groups. The f i r s t i s that more non-Indians can become involved i n helping Indians solve their problems. While doing this they are getting to know more about Indians; Canadians, on the whole, are abysmally ignorant of Indian cultures and heritages. The second purpose i s that Indians w i l l be enabled to see that they are welcome i n Canadian com-munities. Perhaps, in time, the distrust of the past w i l l fade, and Indians w i l l be able to accept overtures from non-1 A P i l o t Survey of Welfare Services to Indians in B r i t i s h  Columbia, p. 2 5 . 105 Indians without suspicion. Although the Indian Affairs Branch can do l i t t l e to create voluntary organizations, they can help to coordinate the a c t i v i t i e s of these groups. If the Branch's prime interest i s to better the conditions of Indians, the knowledge and experience of i t s members can be invaluable to lay or religious organizations. It i s not possible to discuss the many voluntary organizations who have exhibited an interest i n Indian a f f a i r s . However, one organization of recent vintage has been very active i n this regard and deserves special comment. This national organization i s known as The Indian-Eskimo Association of Canada, and operates out of offices i n Toronto. It began, however, as a study group i n Ottawa i n 1955* By 1957, i t had become a standing committee of the Canadian Association for Adult Education, and was known as the National Commission on the Indian Canadian. Between this time, and i t s incorporation in 1959 as the Indian-Eskimo Association of Canada, numerous conferences and meetings were held. This group wanted to set i t s e l f up i n a position of leadership — to provide a national organization to coordinate the fragmentary approaches of the past. An indication of their success, i n this regard, may be seen i n that sixty people, representing thirty-three volun-tary organizations and three government departments, attended a meeting i n Winnipeg i n May, 1958» A Brief was submitted to the Parliamentary Committee on Indian Affairs i n I960, which i s probably more representative than ever possible before. 106 Research, L i b r a r y and Information services have been esta-b l i s h e d , both so that the present can be better understood, and that the future can be r a t i o n a l l y planned. The objective of t h i s organization i s : ... to promote a concern f o r the t o t a l well-being of Canadians of Indian and Eskimo background; to work towards t h e i r f u l l p a r t i c i p a t i o n and acceptance as members of the Canadian community; and to seek to promote mutual understanding and co-operative action between these and other Canadians. 1 The b u l l e t i n s of t h i s association indicate not only a growth i n membership, but a maturity and independence of thought. Constructive and well-informed c r i t i c i s m i s being heard from i t , and extensive research i s underway. One very important area i n which t h i s association i s helping i s that i t i s serving as a pooling centre f o r fragmentary studies which may, hopefully, be correlated and integrated into a knowledgeable picture of the Indian s i t u a t i o n . Voluntary organizations have been invaluable resources i n f a c i l i t a t i n g the i n t e g r a t i o n into communities, of those Indians who choose to leave the reserve. Some of these groups are composed s o l e l y of Indian members, and others are a combination of Indian and non-Indian members. Their a c t i v i t i e s range from the p r o v i s i o n of s o c i a l centres to a i d 1 Indian-Eskimo Association, B u l l e t i n , March I960, p. 1. 107 i n obtaining employment or accommodation. One study i s available about the a c t i v i t i e s of the Coquileetza Fellowship i n Vancouver, B r i t i s h Columbia. 1 Conclusion This study has indicated that Indians have neither the c i v i l r i g h t s nor the welfare services of the ordinary Canadian c i t i z e n . They have been born, raised and educated apart from t h e i r fellow-Canadians. Indians are not only considered i n a stereotyped and d i f f e r e n t manner, but the stereotype i s based on n e g a t i v i s t i c p r i n c i p l e s . Because of t h i s , services have been rendered i n a p a t e r n a l i s t i c or punitive manner, both of which have had a demoralizing e f f e c t , while inadequately meeting needs. For many years, the l i v i n g conditions of the Canadian Indian have been comparable to those of the pauper i n 18th century England. U n t i l very r e c e n t l y , they d i d not have the federal franchise; t h e i r housing i s s t i l l very poor i n many cases; they have been ravaged by disease; t h e i r educational l e v e l i s low; they have been forced to accept jobs i n low-status employment; d i f f e r e n t l i q u o r laws apply to them; and they have been considered incapable of managing t h e i r own a f f a i r s . In e f f e c t , Indians have been i n a state of "second-c l a s s " c i t i z e n s h i p . Indians have had d i f f i c u l t y i n adjusting 1 Evans, Marjorie, Fellowship Centres f o r Urban Canadian  Indians, Master of S o c i a l Work Thesis, U n i v e r s i t y of B r i t i s h Columbia, 1961. 108 to the Canadian community, hut "many of these d i f f i c u l t i e s ... have t h e i r o r i g i n i n a way of l i f e , not genuinely Indian, which has been imposed on them by the reserve system and by the s o c i a l , economic and l e g a l pressures of a dominant m a j o r i t y . " 1 In most cases, the conditions of Indian l i f e do not r e f l e c t the desires of Indians, although many non-Indians are i n c l i n e d to judge them on the basis of these s u p e r f i c i a l , external c r i t e r i a . The future of the Canadian Indian i s of paramount i n t e r e s t to many groups and i n d i v i d u a l s i n Canada. The problems of Indians at t h i s time are so vast and obvious, that they can no longer be ignored. They are also so va r i e d and complex that they w i l l require extensive planning f o r the future. The cooperation and coordination of government and voluntary services i s basic to improvement i n Indian conditions. This must be supplemented by mutual understanding and acceptance between Indians and non-Indians i n Canada. Regardless of the programs adopted, or services i n i t i a t e d , they must be founded on a fundamental precept that Indians are human beings and Canadian c i t i z e n s , and worthy of the respect and d i g n i t y accorded any Canadian c i t i z e n . This i s not f u l l y accepted f o r a l l welfare services yet — i t s acceptance w i l l b r ing together concepts of "welfare" and " c i t i z e n s h i p " f o r the la r g e s t Canadian minority, the native Indians. 1 Indian-Eskimo Association, B u l l e t i n , March I960, p. 1. 109 APPENDIX A BIBLIOGRAPHY GENERAL REFERENCES  Books 1. Burns, Eveline M. Social Security and Public Policy. McGraw-Hill Book Co., New York, 1956. 2 . de Scnweinitz, Karl. England's Road to Social Security. University of Pennsylvania Press, Philadelphia, 1943. 3 . Dixon, W. G. (ed.). Social Welfare and the Preservation of Human Values. J. M. Dent and Sons (Can.) Ltd., and University of B r i t i s h Columbia, Vancouver, 1957-4. Friedlander, W. A. Introduction to Social Welfare. Prentice-Hall, Inc., New York, 1955. 5 . Hawthorn, H. B., Belshaw, C. S., and Jamieson, S. M. The Indians of B r i t i s h Columbia.. A Study of Contemporary Social Adjustment, University of Toronto Press and University of B r i t i s h Columbia, Toronto, 1958. 6. Jenness, Diamond. The Indians of Canada. National Museum of Canada, Ottawa, 1932. (Third Edition 1955) . 7. Lagasse, Jean H. Population of Indian Ancestry Living in Manitoba. Department of Agriculture and Immigration, Winnipeg, 1959. 8. Wilson, Edmund. Apologies to the Iroquois. Farrar, Straus and Cudahy, New York, I960. Theses 1. Evans, Marjorie. Fellowship Centres for Urban Canadian Indians. Master of Social Work Thesis, University of B r i t i s h Columbia, 1961. 2 . Putman, James M. Less E l i g i b i l i t y and Modern Welfare Principles. Master of Social Work Thesis, University of B r i t i s h Columbia, 1947. 110 3 . Thompson, F. W. The Employment Problems and Economic Status of the B r i t i s h Columbia Indians, Master of Social Work Thesis, University of B r i t i s h Columbia, 1951. 4. Toren, C y r i l . Housing and Welfare i n an Indian Community. Master of Social Work Thesis. University of B r i t i s h Columbia, 1956. B. SPECIAL REFERENCES Statutes - Canadian Government 1. The Indian Act, 1876. 2. The Indian Act, 1906 - plus amendments to 1911. 3 . The Indian Act, 1961 - plus amendments to I960. Government Publications 1. Canada, Dominion Bureau of S t a t i s t i c s . Canada Year Book. Ottawa, 1950 - I 9 6 0 . 2. Canada, Department of Indian A f f a i r s . Annual Reports. Ottawa, 1875 - 1879, 1936 - 1952. 3 . Canada, Department of National Health and Welfare. Annual Reports. Ottawa, 1944- - 1959. 4-. Canada, Department of Citizenship and Immigration. Indian Affairs Branch Publications. a. A Review of A c t i v i t i e s , 194-8 - 1958, (Plus Supplementary Information to May 2, I960) Ottawa. b. A Handbook for Indian Band Chiefs and  Councillors. Ottawa, March, 1959. c. The Canadian Indian, A Reference Paper. Ottawa, 1959. d. Indians of B r i t i s h Columbia. Ottawa, Sept., I960. e. Indian News. Vol. 4, No. 2, Ottawa, May, i960. 5 . Indian Affairs Branch (Canada) and Social Welfare Branch (British Columbia). A Pilot Survey of  Welfare Services to Indians in B r i t i s h Columbia, I l l Miscellaneous Material The Indian-Eskimo Association (until I 9 6 0 , the National Commission on the Indian Canadian). Note: Although some of these mimeographs are undated, i t has been possible to determine approximate dates from their contents. a. General Introduction to Papers Submitted i n Connection With the Guild Inn Meetings, Scarborough (Ontario), September 23-25, 1959* These papers reviewed the p o l i t i c o - l e g a l status of Indians, and the working relation-ships between governments and voluntary bodies. b. Trends i n the Administration of Indian Affairs Branch for the Past Ten Years, approximately 1959. c. Canadian Bar Association - C i v i l Liberties; Status of Indian Canadian. A l l sections of the Indian Act discussed i n this paper are s t i l l i n force. d. Analysis of Indian briefs prepared or i n course of being prepared for submission to the Parliamentary Committee on Indian Af f a i r s , August '20, 1959. e. Bulletins; A p r i l 1957 - March 1961. f. Briefs (i) prepared for the Parliamentary Committee on Indian Affairs, March, I960. ( i i ) u n o f f i c i a l brief presented to the Human Eights Anniversary Committee for Canada, 1958. 

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