This chapter examines the political relationship between Indigenous peoples and the Canadian state, covering demographics, the reserve system, policy phases from assimilation to self-determination, land rights, and contemporary public opinion.
Key Concepts
- Indigenous peoples in Canada include First Nations, Métis, and Inuit—each with distinct legal recognition
- The reserve system created under the Indian Act places Crown legal ownership over land managed for Indigenous benefit
- Canadian Indigenous policy evolved through three phases: assimilation, integration, and self-determination
- The Royal Commission on Aboriginal Peoples (RCAP) 1996 proposed fundamental restructuring including Indigenous self-government
- Land claims and Aboriginal title have been progressively recognized through landmark court decisions
- Public opinion remains divided on Indigenous rights and the legacy of colonialism
Indigenous Demographics
According to Statistics Canada’s 2021 census, approximately 5% of the national population identified as First Nations, Métis, Inuit, or a combination with another ethnic origin.
Population Breakdown (2021 Census)
| Group | Population | Percentage |
|---|---|---|
| First Nations | 1,048,405 | 58.0% |
| Métis | 624,220 | 34.5% |
| Inuit | 70,540 | 3.9% |
| Multiple Indigenous responses | 28,855 | 1.6% |
| Indigenous responses not included elsewhere | 35,225 | 1.9% |
| Total Indigenous population | 1,807,250 | +9.4% since 2016 |
Regional Distribution
Indigenous populations vary significantly by province and territory:
- Nunavut: 85.8% (highest)
- Northwest Territories: 49.6%
- Yukon: 22.3%
- Manitoba: 18.1%
- Saskatchewan: 17.0%
- Newfoundland and Labrador: 9.3%
- British Columbia: 5.9%
- Alberta: 6.8%
- Ontario: 2.9%
- Quebec: 2.5%
- Prince Edward Island: 2.2% (lowest among provinces)
Socioeconomic Conditions
Exam Alert
Be prepared to discuss the socioeconomic disparities between Indigenous and non-Indigenous Canadians—these statistics frequently appear in discussions of systemic inequality.
Employment
- Indigenous people are twice as likely as other Canadians to be unemployed
- Employment rates (2021): Non-Indigenous 74.1%, Métis 69.1%, Non-Status Indian 64.8%, Registered Indian off reserve 58.7%, Inuit 55.2%, Registered Indian on reserve 47.1%
- Employment gaps have persisted over two decades (2001-2021)
Income
- Indigenous persons are almost twice as likely as non-Indigenous Canadians to live in a low-income household
- Median income (2020): Non-Indigenous 48,800, Inuit 42,800, Registered Indian off reserve 32,000
Child Poverty
- Close to 40% of Indigenous children live in poverty
- On First Nations reserves, child poverty rises to approximately 50%
- The national rate of child poverty is approximately 15%
Education
- Significant education gaps exist across all age groups
- High school completion rates for ages 25-34: Non-Aboriginal 91.6%, Métis 83.7%, First Nation off-reserve 75.2%, First Nation on-reserve 50.6%
- Gaps are most pronounced for on-reserve populations
Families and Child Welfare
Common Mistake
Students often underestimate the scale of Indigenous child welfare involvement. Note these statistics carefully.
- In 2021, just over 3% of Indigenous children were in foster care, compared to 0.2% of non-Indigenous children
- Indigenous children accounted for approximately 54% of all children in foster care nationally
- In Manitoba, Indigenous children represent approximately 90% of children in foster care
- Nationally, Indigenous children represent only 7.7% of children aged 14 and under
Legal Definition: “Indian”
Indian (Status Indian)
A legal term under the Indian Act, 1876. An Indian or status Indian is anyone who has been registered or is entitled to be registered under the Indian Act, including those who belong to communities covered by treaties.
Canadian law recognizes three categories of Indigenous peoples:
- First Nations (Indians under the Indian Act)
- Métis
- Inuit
The Reserve System
Origins and Structure
- Created to provide small, fixed homelands for Indians, mostly in remote or rural areas
- Approximately 3,400 reserves exist in Canada
- About two-thirds of reserves are located in British Columbia
- Total reserve land: approximately 28,000 km² (about half the size of Nova Scotia)
Legal Framework
Reserve (Indian Act, 1876)
“…any tract or tracts of land set apart by treaty or otherwise for the use or benefit of or granted to a particular band of Indians, of which the legal title is in the Crown, but which is unsurrendered, and includes all the trees, wood, timber, soil, stone, minerals, metals, or other valuables thereon or therein.”
Key characteristics:
- Legal ownership of reserve land belongs to the Crown
- Land and resources must be managed for the benefit of reserve residents
- Ottawa acts in a guardian relationship towards Indians on reserves
Historical Restrictions
- Band members cannot sell any part of the reserve
- Ottawa retains authority to grant timber-cutting licences
- Reserve land may not be used as security for loans
- No legal or commercial transaction could be undertaken without Ottawa’s permission
Population and Conditions
- Reserve populations range from a handful of people to approximately 13,000 (Six Nations Reserve, Ontario)
- Most inhabited reserves have populations under 1,000
- Approximately three-quarters of all reserves are uninhabited
Exam Alert
Conditions on many reserves include rates of suicide, alcoholism, violent death, unemployment, crowded housing, and infant mortality higher than the Canadian average.
- Most reserves are located in rural or remote areas, often inaccessible by road
- Physical isolation reduces job and educational opportunities
Cultural Preservation vs. Integration
Some Indigenous persons prefer geographical isolation because:
- It allows socialization of children into Indigenous values
- Reserves help maintain ethnic identity
- Pressure to assimilate is weaker on reserves and in Nunavut
Three Phases of Indigenous Policy
Phase 1: Assimilation
Assimilation
Policy approach aimed at eliminating Indigenous cultures and identities by absorbing Indigenous peoples into Euro-Canadian society.
The Indian Act made it impossible for Indians on reserves to assume responsibility over their own development.
Key assimilationist measures:
- Self-government limited to band councils and chiefs elected for three-year terms (replacing traditional governance)
- Indigenous religious ceremonies involving dances were banned
- The potlatch ceremony was banned
- Native languages were banned in residential schools
- Automatic enfranchisement (loss of Indian status) upon becoming a lawyer, ordained minister, doctor, or receiving a university degree
- No automatic right to Canadian citizenship for status Indians until 1960
Phase 2: Integration
Integration
Policy approach focused on removing barriers to full economic, social, and political participation while not necessarily preserving distinct Indigenous status.
The 1969 White Paper proposed:
- Total dismantling of the Indian Affairs bureaucracy
- End to the reserve system
- Abolition of different legal status for Indians
- Transfer of responsibility for Indigenous education, health care, and social needs to provinces
Indigenous Response:
- Harold Cardinal called it “a thinly disguised programme of extermination through assimilation” (The Unjust Society)
- Rose Charlie argued it would not achieve its stated goals
- The White Paper’s position on treaty obligations was offensive to Indigenous Canadians
- Treaties seen as contracts between one part of society and government representing everybody—viewed as impeding integration
Phase 3: Self-Determination
Self-Determination
Policy approach recognizing Indigenous peoples’ right to control their own political, economic, and cultural development within Canada.
Royal Commission on Aboriginal Peoples (RCAP) 1996 Recommendations:
- Aboriginal Canadians are first peoples whose sovereignty should be respected (reference: Royal Proclamation, 1763)
- Ottawa should issue official admission of wrongs done to Aboriginal people
- Creation of an Aboriginal third order of government alongside federal and provincial governments
- Acknowledgment that inherent right to self-government is a treaty right guaranteed by the constitution
- Dual citizenship: Canadian citizenship and citizenship of Aboriginal communities
- Creation of an Aboriginal Parliament with advisory role on legislation affecting Aboriginal Canadians
- Aboriginal representatives in constitutional talks with veto over proposed changes affecting Aboriginal rights
- Increased spending on Aboriginal programs
Remember
Existing policies have not provided Indigenous populations with the decision-making autonomy or financial resources needed to escape the cycle of dependency perpetuated by the reserve system.
RCAP Recommendations Acted Upon:
- Nunavut created (1998): approximately 90% Inuit population; good example of self-government
- Residential school reparations: paid to thousands of Aboriginal survivors who suffered abuse
- Government apologies: PM Harper (June 2008), PM Trudeau (April 2022)
Sovereignty vs. Self-Government
Exam Alert
No federal government has accepted the concept of divided sovereignty as recommended by RCAP. Self-determination and self-government represent a different, more limited concept.
The relationship can be visualized as three overlapping spheres:
- The space of Indigenous autonomy and self-government
- A shared space of political, legal, economic and ethical concerns
- The space of the political system of the state
Residential Schools
Common Mistake
Do not conflate the residential school system with current education policies. The residential school system was a specific historical institution with particular aims and consequences.
- The Indian Residential Schools Settlement Agreement (2007) addressed the legacy of the system
- The Truth and Reconciliation Commission, led by Senator Murray Sinclair, documented the system’s impacts
- The system was designed to separate Indigenous children from their families and cultures
- Native languages were banned; Indigenous cultural practices prohibited
Land Rights and Aboriginal Title
The Royal Proclamation, 1763
- Established that First Nations possessed rights to lands
- Forbade settlers from claiming Indigenous lands
- Required land purchases to go through the Crown
Key Court Decisions
| Case | Year | Significance |
|---|---|---|
| Calder et al. v. Attorney General of British Columbia | 1973 | First recognition of Aboriginal title in Canadian law |
| Delgamuukw v. British Columbia | 1997 | Defined Aboriginal title and oral history as evidence |
| Tsilhqot’in Nation v. British Columbia | 2014 | First declaration of Aboriginal title to specific lands |
| Ktunaxa Nation v. British Columbia | 2017 | Addressed religious freedom and development |
| Cowichan Tribes v. Canada | 2025 | Addresses Aboriginal title over private lands |
Exam Alert
Ownership and control over lands to which Aboriginal peoples claim historic rights are argued to be necessary for the survival of Indigenous culture. Land was crucial to traditional lifestyles—hunting and fishing rights were recognized in treaties for this reason.
Public Opinion
Sense of Belonging (June 2021 Angus Reid Poll)
“I feel a strong sense of connection with other Canadians living in my community”:
- Total: 76%
- Indigenous: 74%
- Caucasian: 77%
- Visible Minority: 73%
“I feel like I’m treated as an outsider in Canada”:
- Total: 21%
- Indigenous: 30%
- Caucasian: 17%
- Visible Minority: 29%
Views on Racism (June 2021)
“Canada is a racist country”:
- Total: 34%
- Indigenous: 36%
- Caucasian: 32%
- Visible Minority: 42%
Indigenous Status (2023 Angus Reid)
“Indigenous Peoples in Canada have an inherently unique status because their ancestors were here first, before Europeans settled here”:
- Total: 55%
“In modern Canada, Indigenous Peoples should have no special status that other Canadians don’t have”:
- Total: 45%
Regional variation exists, with Manitoba closest to even split (48%/52%).
Legacy of Colonialism (2023 Angus Reid)
“Do you consider the legacy of colonialism to be a problem in Canada today?”
- Yes, a huge problem: 19%
- Yes, a problem among others: 35%
- No, not really: 23%
- Not at all: 17%
- Not sure/Can’t say: 7%
Integration vs. Cultural Preservation (2025 Angus Reid)
“Fundamentally, do you think [Indigenous peoples should focus on]:“
| Group | Integrating (even if losing culture) | Strengthening culture (even if apart) |
|---|---|---|
| Canada Total | 46% | 54% |
| Total Indigenous | 32% | 68% |
| First Nation | 22% | 78% |
| Métis | 41% | 59% |
Partisan Divide on Infrastructure and Indigenous Rights (2025)
Views on whether First Nations should have final say over infrastructure projects on traditional territory:
- NDP: 55% support First Nations final say
- Liberal: 30% support First Nations final say
- CPC: 11% support First Nations final say
- BQ: 30% support First Nations final say
Most Canadians (40% total) believe government/companies should make final decisions but must meaningfully consult and accommodate First Nations.
Definitions
Indian (Status Indian) A legal term under the Indian Act, 1876; anyone registered or entitled to be registered under the Indian Act, including those belonging to communities covered by treaties.
Reserve Any tract of land set apart by treaty for the use or benefit of a particular band of Indians, with legal title held by the Crown but managed for residents’ benefit.
Assimilation Policy approach aimed at eliminating Indigenous cultures by absorbing Indigenous peoples into Euro-Canadian society.
Integration Policy approach focused on removing barriers to full participation in Canadian society without necessarily preserving distinct Indigenous legal status.
Self-Determination Policy approach recognizing Indigenous peoples’ right to control their own political, economic, and cultural development.
Royal Commission on Aboriginal Peoples (RCAP) 1996 commission that recommended fundamental restructuring of the Crown-Indigenous relationship, including self-government and an Aboriginal parliament.
Indian Act, 1876 Federal legislation governing Indian status, reserves, band governance, and other aspects of Indigenous life in Canada.
White Paper (1969) Federal policy proposal to eliminate the reserve system and special Indigenous status; rejected by Indigenous leaders.
Potlatch Pacific Northwest Indigenous ceremonial practice involving gift-giving; was banned under assimilationist policies.
Enfranchisement Historical process by which an Indigenous person lost Indian status and became a Canadian citizen; initially triggered by education or professional achievement.
Aboriginal Title Indigenous peoples’ inherent right to land predating European arrival; recognized and defined through Supreme Court decisions.
Nunavut Territory created in 1998 with approximately 90% Inuit population; represents successful example of Indigenous self-government.
Connections
- This chapter connects to broader themes of federalism and the division of powers between federal and provincial governments
- Relates to Canadian Charter of Rights and Freedoms regarding section 35 Aboriginal rights
- Links to discussions of multiculturalism and approaches to minority rights
- Connects to constitutional politics regarding Aboriginal involvement in constitutional negotiations