Status and Non-Status Indians


The Indian Act (full title: "An Act Respecting Indians") established the rights of registered Indians and their bands, and deals primarily with band members who live on reserves. An Indian whose name is on the Indian register is said to have Indian status or treaty status. Sometimes, people with this status are called Status Indians or Treaty Indians. An Indian who is not registered is said to be a Non-Status Indian. Non-Status Indians do not have the same legal rights as Status Indians. The Indian Actwas unfair to many First Nations peoples and was changed in 1985. Before that time, a Treaty Indian would lose status by

  • marrying a man who was not a Status Indian

  • voting (Until 1960, an Indian could vote only if he or she gave up Indian status.)

  • being born out of wedlock of a mother with status and a father without status

  • having a mother and a paternal grandmother without status

As well, the Indian Act disrupted the traditional forms of government of the native people. It also set up rules for who were entitled to call themselves "Indians" and who were allowed to be members of certain bands or vote in band elections. It had a negative impact on the roles of women, who had previously been equals in their communities, and elders, who previously were respected advisers and leaders. With the Indian Act, women and elders lost their voices.

Other restrictive aspects of the Indian Act included prison sentences for anyone who participated in a potlatch, a tawana dance, or other traditional ceremonies including the Blackfoot sun dance and the Cree and Salteaux thirst dance.

The pass system was established. It allowed First Nations peoples to leave their reserves only if they had written passes from an Indian agent.

Indians were also forbidden from gathering to discuss any political or economic issues, including the very same land claim issues that affected them directly.

Reserve System


In every Numbered Treaty, reserve land was established for the people involved. Reserve land provided protected land for First Nations peoples, but it also confined them. Formerly nomadic people were not allowed to roam freely to trap or to obtain game or fish. This forced many native peoples, especially the Plains people, to adopt a very foreign lifestyle, which was dictated by the Indian agent on every reserve.

Glenbow Archives/NA-943-43