Manitoba Premier Wab Kinew recently called for the abolition of the Indian Act during a meeting in Ottawa with Prime Minister Mark Carney, provincial premiers and First Nations leaders.

Holding up his Indian status card, Kinew questioned why Canada continues to maintain legislation that classifies Indigenous people according to a federally administered system of identity.

Some have called his remarks a distraction from the conversation on resource extraction. A few Conservatives have called it an empty academic exercise. And still others have called it bold. But no matter what you think of his motivations, Kinew’s call raises important questions about the relationship between First Nations and the Canadian state, particularly concerning Indigenous nationhood and self-determination.

What is the Indian Act?

First enacted in 1876, the Indian Act consolidated earlier colonial legislation intended to regulate the lives of First Nations Peoples. The legislation established federal authority over reserve lands, political governance and the legal recognition of Indigenous identity.

The Canadian government acknowledges the legislation was founded on the assumption that First Nations required federal guardianship until they could be integrated into Canadian society.

The consequences of this approach have been profound. The Indian Act and associated federal policies undermine traditional systems of governance. Historically, it has restricted cultural and ceremonial practices.

It contributed to the assimilationist policies that supported the residential school system. The legislation also established discriminatory provisions that historically deprived some First Nations women and their descendants of Indian status.

Despite numerous amendments, the Indian Act continues to influence how numerous First Nations are governed. It still determines how their members are........

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