For nearly 25 years, from 1927 to 1951, Section 141 of the Indian Act made it illegal for Indigenous Peoples to fundraise or hire lawyers to pursue land and rights claims against the Canadian government without permission from the Department of Indian Affairs.

Scholars and those who study Canada’s settler colonial legal history know about this provision. However, until recently, no one had dug into the archival record to find out how it was actually used.

We looked at government records to find out how Section 141 was understood and enforced. We found that it was more than just a bureaucratic rule; the government also used it to monitor, pressure and try to silence certain leaders.

Our archival research project is the first to study Section 141 systematically. It uncovered internal memos, RCMP investigation reports and correspondence that showed how Canadian officials targeted specific Indigenous leaders who challenged colonial authority.

Read more: How the Indian Act’s ‘blackout period’ denied Indigenous Peoples their legal rights

A weapon against Indigenous organizing

Framed as protecting Indigenous people from “exploitation by unscrupulous persons” by the Deputy Superintendent of Indian Affairs Duncan Campbell Scott, Section 141 could block claims before they could reach the courts. Internal files reveal that government officials interpreted this power very broadly.

In one September 1927 exchange, the Department of Justice told Indian Affairs the provision applied to every step in preparing a legal claim, including collecting funds and gathering evidence.

All of this required prior government permission. The office of Indian Affairs was also given unchecked discretion to deny consent even if “arbitrary or........

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