The 1969 White Paper tabled by the Federal Government had the most profound effect on the Indian and government relationship. For the first time in history the Indian people were united in a collective way across Canada to oppose the Canadian government’s White Paper initiative. Today however, the intent of the 1969 White Paper is alive and well because Aboriginal Affairs and Northern Development Canada is capable of absorbing progressive self government ideas and crafting them to fit their assimilative purpose. ‘Self-government’ today comes in a tightly defined form similar to a municipal model in which a community has to apply and qualify for. This paper will examine prior policy developments before 1969 to provide the background to the White Paper process, a review the content of the 1969 White Paper to highlight the important issues that the government wanted to terminate and how the government planned to address its legal obligations, the First Nation’s response to the White Paper and lastly, there will be a brief discussion on the policy initiatives that the government introduced after 1969. The conclusion will address the question how the government and Indian relationship was handled.
This part of the essay will mention Indian Policy development before Confederation in 1867, and discuss policies and legislation post Confederation. Much like the Royal Proclamation (1763) preceded Treaties, the Indian Act (1876) was consolidated legislation of the Gradual Civilization Act (1857).The British North America Act (1867) includes Section 91(24) which states "Indian and lands reserved for Indians". This implies that the word Indians was to control citizenship and membership to any group of Indians. “It was the first time through precedence of earlier legislation that non-aboriginal people can determine who was and was not considered an "Indian" in Canada and enshrined that definition in law”[1]. Lands reserved for Indians are intended to control and to manage lands through the reserve system. The Indian Act (1867) is explicit to deal with membership and how Indian reserves should be managed.
The Indian Act of 1876 is a policy to implement legislation Section 91(24) of the Constitution Act of 1867. Further to membership and land management, the Indian Act was explicit to the original government's concept of assimilation, enfranchisement and civilization. The Indian Act from 1876-1951 greatly controlled and the lives of Indian people, I.E. - the pass system, traditional practices and even legal counsel were denied to the Indian people. Sarah Carter in her book, Lost Harvest provides a complete picture how Indian farming was limited to merely make a living but not in the commercial sense for expansion or profit.[2]
Industrial schools were introduced to teach Indians how to work and be labor oriented to make their living. Residential schools were introduced in late 1880's with a specific objective to suppress Indian language, customs, history which was to be replaced with European education to assimilate and to be civilized to non aboriginal values and customs. Duncan Scott's famous quote "to kill the Indian in the child", was government's intent to follow its policy of assimilations.
After the Second World War, Aboriginal organizations were formed to address the unfair treatment and inspire change were led by world war veterans. One such organization was the League of Nations founded by Fredrick Ogilive Loft of the Six Nations Iroquois.[3] The League of Nations can be credited for helping influence the 1951 amendments to the Indian Act. Organization and mobilization of Aboriginal organizations was also influenced by another factor, south of the border, the blacks and America were going through the civil rights movement. It is worth to note of Canadian Social Policy of 1950's and 1960's greatly influenced the lives of Indian people. Social policy like old age security, social welfare, health, family allowance, the right to vote and the right to welfare in financial terms like all Canadians.
Government Policy relating to Indians was becoming a sensible issue with the federal government, because of public awareness of Indian issues. The Federal Government initiated some objectives to address Indian issues. For example, in the mid 1960s; the ration system was converted to cheque written welfare which was authorized through treasury board policy.[4] The Consultation Process (1968-1969) with the Indians to get feedback and Indian participation in what appeared as a partnership between the Federal Government and Indian people about policy development. This consultation process was window dressing as the government had a hidden agenda. Ultimately, rising administrative costs were at the heart of the 1969 White Paper along with concerns about the American Indian Movement spreading into Canada.[5]
The Hawthorn Report (1966) provided an eye opening experience concerning Indian issues. This was a government commissioned national survey on Canadian Indians. This Hawthorn Report rejected termination as a policy option but instead suggested "Citizens Plus" status for Indians. This report also mentions the role of provinces in proper program services to Indians. It is also important that non aboriginal people showed a great awareness and interest. “A delegation called Independent Order of the Daughters of the Empire”[6], presented a brief to the government with the emphasis of equality of opportunity with other Canadians. The trust of the report was a concept of choice: Indians should have a greater choice of lifestyle.
The report recognized poverty, under employment. The report also mentions jurisdictional and constitutional issues surrounding Indian administration. The division of powers between the federal and provincial governments was discussed. This first volume clearly outlined the government’s lack of ability to provide services to the Indians. The second volume addressed education and local government; therefore it had more impact on programming than on policy. Most glaring was the term ‘structured poverty’ to describe the gap in quality of life between First Nations and the rest of Canada.
The Hawthorn Report contradicted an underlying assumption held by many Canadians that Aboriginals contribute little economic product to the Canadian economy and the larger dominant economy supports the Aboriginal economy through government subsidies and transfers, which provide 80 to 100 percent of Aboriginal salaries and non earned income. This assumption reflects the ignorance held by Canadians regarding the legally binding relationship between the federal government and aboriginal people. The flow of money stems from this relationship that was deemed in the best interest of both parties dating back to the Royal Proclamation.[7]
The election of Trudeau as the Prime Minister in April 1968 had a profound impact on Indian policy. Trudeau's vision of participatory democracy and equality was based on individual rights rather than on collective rights. The term equality from his European or Western thought was not consistent with Indians concept of equality based on treaty principles[8]. The White Paper’s intention to void the unique treaty message rooted in a nation to nation union of equal co-existence with the Crown was met with resistance from First Nations. This contrasted the federal view under Trudeau that First Nations are no different than any other minority group.[9]
Trudeau also made some drastic changes in the way that government operates and functions on policy development. Trudeau did not trust the bureaucracy and public servants, therefore the role of the Prime Minister’s Office (P.M.O) and the Privacy Council Office (P.C.O) were given a new mandate to provide more partisan advice to the prime minister. This change in government structure greatly influenced Indian Policy. Trudeau misread the Indians political thought to protect their rights and did not expect a concentrated and collective effort by all Indians across Canada.
At this point, the government had the Hawthorn Report and consultation process feedback from the Indians. Trudeau instructed his Minister of Indian Affairs and Minister without portfolio to set goals on “reason rather than emotion”[10], therefore his infamous remarks of ‘“ghetto’ mentality’ or ‘Wigwam complex’”,[11] and suggested that Indians should forget what should have been, but operate on a written word of the treaty. Trudeau's thinking is mentioned because he later replied "that the Indians have more rights than I thought”[12], after that the Calder case about Treaty rights and title to land in British Columbia. It is important to acknowledge the role of P.M.O and P.C.O and the political leaders were in conflict in regards to Indian Policy development.The central agencies and the top bureaucrats assumed they can develop policy to benefit Indians without their participation and consultation. This is still the underlying intent of the original Indian Act of 1876 that Indian people were not capable for their own benefit; the concept of the ward of the state is still reflected in the 1969 White Paper. Drafting of the 1969 White Paper identifies how the role of government can drastically be misguided for the benefit of Indian People. Government has not learned from the negative impact of residential schools and the Indian Act to make changes to improve lives of Indian people.
The White Paper used the term equality or non discrimination as the key ingredient in addressing Indian problems. It also states that special rights are the major cause of Indian problems. The goal of equality was to terminate special legislation for the Indians and transfer the responsibility to the provinces, - for Indian people to become provincial responsibility rather than Federal. The White Paper proposed to terminate all special rights, including the Treaties, Indian Act, and reserves. The department of Indian affairs would be dismantled within five years and the federal government was to retain trusting relationships functions for only Indian lives; which would be administered through an Indian Lands Act. It is worth noting Section 91 (24) of the Constitution states, “Indians and lands reserved for Indians". If the letters of the word were followed government interprets Indians as to control citizenship and membership and lands reserved for Indians simply to manage Indian reserves.[13] According to the federal government the meaning of these words is simply about citizenship and management of Indian lands.
The White Paper ignored the recommendations of the Hawthorn Report in particular the ‘Citizens Plus’ concept for Indian people. The White paper was well written but underlying the intent of the government was what was proposed by Diamond Jenness in his proposal "plan for liquidating Canada’s Indian problem in 25 years”.[14] The government has been consistent that Indian people will disappear into mainstream society. Canadian government still embodies the concept of a savage society and vanishing race. That is the reason the written history of Indian issues have been negative. The White Paper was a policy document entitled Statement of the Government of Canada on Indian policy 1969. The cover of the statement was stamped as Indian policy, therefore the government did not view the White Paper open for discussion, but made their mind to implement the white paper as policy. The white paper has British Government roots and it indicates the government intent.[15]
The government emphasized that the policy was non discriminatory. The government believes in equality therefore the historical direction of special relationship between the government and Indians must change creating equality of all people. This will facilitate greater Indian participation into society. According to Trudeau, special rights to Indians will not address their problems. This is that same notion that Trudeau has for Quebec that no special status is required to participate in a greater society. Trudeau did not mention that language and culture must be maintained to be productive in a society, - to clarify, Trudeau mentions language and culture when speaking about Quebec, but not in regards to Indians. The White Paper did include that “land claims and treaties will be honored on limited bases as lawful obligations”.[16]
Trudeau was explicit that the isolation of Indian people creates an inward and backward existence as Trudeau describes it as ‘Wigwam concept’. The object of the Federal Government was to bring Indians into the mainstream society. This process would encourage some Indians to leave the reserve for education and employment, however, this process would eliminate special status for all Indians to become regular Canadian citizens and become residents of the provinces. This process would completely eliminate the ‘Spirit and Intent’ of treaties. By this process the Treaty making process to establish Canada through Treaties will no longer have a legal status. The next point of this essay will demonstrate the response of all Indians who firmly believe that Treaty is forever, "As long as the sun shines, the grass grows and the water flows"[17].
The First Nation’s response to the White Paper was immediate and forceful. In Manitoba, Dave Courchene reacted in no uncertain terms that Indian people will never accept government’s agenda to eliminate the ‘Spirit and Intent’ of treaties. Dave Courchene’s famous words were, “we are people to speak for ourselves and do things for ourselves and that treaties were made in the spirit of honesty and fairness. Indians were never defeated, nor conquered or surrendered and the birth of Canada was based on a negotiated and peaceful treaty agreement between First Nations and the Crown”.[18] Wahbung was Manitoba’s response to the 1969 White Paper.
In Alberta, under the leadership of Harold Cardinal, the chiefs under their position Citizens Plus, better known as the Red Paper, became a symbol of collective rights of all First Nations in Canada. Similar positions papers were submitted by chiefs of B.C., Ontario and later the Atlantic provinces. For the first time in history all Indian people across Canada acted as one voice and acted as collective political opposition to an issue like the White Paper that the government wanted to implement. Because of the near total support of all Indian people the government could not provide a divide and conquer approach therefore were not able to advance the White Paper policy as the intended. It is also noteworthy, not all First Nations were opposed to the White Paper, lawyer William Wuttunee was hired by the government to provide a descending opinion on First Nation position papers. Wuttennee’s book, Ruffled Feathers provided opposition to Cardinal’s Unjust Society. Much like Manny Jules, Chairman of the First Nations Tax Commission, today supports the Land Management Act and even wrote the forward for the outspoken Tom Flanagan’s book, First Nations Second Thoughts, (this book’s agenda is the same as the 1969 White Paper).[19] Lastly public opinion also became aware and supported First Nation’s organizations.
The Red Paper was a point by point rebuttal to the White Papers reasons as a policy. The Red Paper rejected the government’s views that treaties did not have the legal power to ensure First Nations have the right to look after themselves.[20] The Red Paper was the basis for Harold Cardinal’s book entitled the Unjust Society which was the complete opposite to Trudeau’s concept of a just society. Trudeau’s just society was about individual rights and Cardinal countered that treaties were both individual and collective rights that cannot be altered by any government because the treaties were made under a negotiated peaceful arrangement. Other First Nation’s organizations followed the same line of reasoning that treaties mattered and still matter; furthermore, they can never be terminated by any government. Treaties have international recognition and the law of Canada also acknowledges that treaties have a legal base.[21]
Finally the public reaction to the White Paper was also immediate and in favor of First Nations. Trudeau finally said that the government will not make any constitutional changes regarding First Nations and respect their desire to implement their treaties. The famous Calder case about land title in B.C. was one of the sources that Trudeau acknowledged that Indians had more rights than he originally thought. In 1971 the Liberal Government made a public announcement that they will not pursue the 1969 White Paper as it was presented.
The government took a different view of First Nation’s reserves to be involved in programs and services under their own administration. Financial arrangements through treasurer boards were initiated which were known as band to band agreements and later contribution agreements. These arrangements were financial arrangements through existing financial transfers and the guidelines of the treasury board of the day. During the 1970s and 80s there were some notable government initiatives and considerations for First Nations self government. First the Penner Report which was the most complete and drastic change required First Nations self government. Later other arrangement like the Royal Commission on Aboriginal Peoples was a study to address Indian issues leading to self government which fell on deaf ears much like the Hawthorn report did an earlier generation in the 1960s. Most recently, and arguably most controversial is the Land Management Act because it represents the underlining objectives of the 1969 White Paper.[22]
To elaborate, the systematically driven department of Indian Affairs and Northern Development has continued to flourish driven by an ideology capable of absorbing progressive self government ideas and crafting them to fit their assimilative purpose. “Tightly defined forms of self-government that approximate municipal forms of government exist, but Aboriginal bands must apply to ‘qualify’ for them, and their funding remains controlled by Ottawa.”[23] One such form that has been introduced is The Land Management Act (LMA). However in the opinion of First Nations this act is not close to the original treaty. LMA is a municipal model that can be subject to taxation and other provincial regulations. LMA is used successfully by communities because of their location, I.E. - Swan Lake, OCN, Buffalo Point, Long Plains, but in circumstances that they become bankrupt or are not well managed, they are not protected under the Indian Act and they can be seized by the government and banks no longer having reserve status. The LMA is like the Métis scrip, it’s best only for immediate gain. In other words - LMA addresses what the 1969 White Paper was going to do for First Nations, no more special rights or protection.
In conclusion, the 1969 White Paper had the most profound effect on First Nations and government relations, first the White Paper galvanized First Nations across Canada speaking and acting as a collective political force to fight for their rights. The political process for First Nations commenced because of the 1969 White Paper. In the mid 1970s there was a cabinet committee comprised of cabinet ministers and assembly of First Nation’s leaders to discuss First Nation’s issues on political terms. This process died but it is important because the government acknowledged the need to discuss First Nation’s issues. For First Nations, the White Paper simply was about a formal arrangement for assimilation, enfranchisement and civilization in the modern context. As First Nations who believe the source of their rights come from their languages and their teachings, there was no way they would accept what the White Paper offered. The White Paper awakened the spirit of First Nation’s people to speak for them and to do things for themselves as Dave Courchene said during the 1969 political meetings.
[1] Weaver, Sally M.. Making Canadian Indian policy: the hidden agenda, 1968-1970. Toronto: University of Toronto Press, 1981. P.195.
[2] Eyford, Ryan. "History of Aboriginal Peoples in Canada.” University of Winnipeg, Winnipeg. 15 June 2012. Lecture.
[4] Research Paper on Social Policy. Treaty Relations Commission on Manitoba.
[5] Dickason, Olive Patricia, and William Newbigging. A concise history of Canada's first nations. 2nd ed. Oxford: Oxford University Press, 2010.P.250.
[6] Weaver, Sally M.. Making Canadian Indian policy: the hidden agenda, 1968-1970. Toronto: University of Toronto Press, 1981. P. 20
[7] Frideres, James S., René R. Gadacz, and James Frideres. Aboriginal peoples in Canada. 8th ed. Toronto: Pearson Prentice Hall, 2008. P.384
[8] Research Paper on Social Policy. Treaty Relations Commission on Manitoba.
[9] Belanger, Yale Deron. Aboriginal self-government in Canada: current trends and issues. 3rd ed. Saskatoon: Purich Pub., 2008. p 5,6.
[10] Weaver, Ibid P. 22.
[11] Weaver. Ibid. P .54.
[12] Weaver, Ibid. P. 78.
[13] "Statement of the Government of Canada on Indian policy (The White Paper, 1969)." Affaires autochtones et Développement du Nord Canada | Aboriginal Affairs and Northern Development Canada. http://www.aadnc-aandc.gc.ca/eng/1100100010189 (accessed June 2, 2012).
[14] Weaver. Ibid. P.4
[16] Weaver. Ibid. P. 167.
[17] Wahbung: our tomorrows. 40th anniversary ed. Winnipeg: [Manitoba Indigenous Cultural Education Centre], 2011.. P. 1.
[19] Q & A: Clarence T. (Manny) Jules. 8th Fire, CBC News Accessed 13 June 2012 at: http://www.cbc.ca/doczone/8thfire/2011/11manny-jules.html
[20] Weaver. Ibid. P. 183.
[21] Cardinal, Harold. The unjust society. Vancouver, B.C.: Douglas & McIntyre, 1999.
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[22] Weaver. Making Canadian Indian Policy: the hidden agenda, 1968-1970. Toronto: University of Toronto Press, 1981.
[23] Burnett, Kristen , and Geoff Read. Aboriginal History: A Reader. Don Mills: Oxford University Press, 2012. P.179.
The Indian Act should be abolished. All current Indian lands held by the government aka reserves should be turned over to the administration of the individual bands. The band councils through the administration of the lands and the development of businesses would then be able to tax their members. Once the IAD is dissolved and lands dispersed to the Indians the bands will be able raise taxes using the money to run the reserves. All funding from all levels of government must then be terminated. Indians will govern their own reserves.
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