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The Proclamation guaranteed certain rights and protections for First Nations peoples, and established the process by which the government could acquire their lands.Further policies were enacted in the first half of the 19th century.A number of Indigenous groups made treaties — in particular the first five numbered treaties — with Canadian governments before the 1876 passing of the afforded the government sweeping powers with regards to First Nations identity, political structures, governance, cultural practices and education.These powers were extremely paternalistic, and allowed officials to determine rights and benefits based on “good moral character.” Further, the Act replaced traditional structures of governance with band council elections — all at the discretion of the Department and its agents.A woman’s status rights flowed entirely through her husband.A non-status woman who married a man with status would gain status herself.
In 1961, the government removed Section 112 — the so-called “compulsory enfranchisement” section — to end this and other assimilatory practices.
A status woman who married a status man had her band membership tied to his so she was no longer a member of her own band, and she lost her status entirely if she was widowed or abandoned by her husband.
Restrictions, the White Paper, and Human Rights In 1969, the Trudeau government released its White Paper, which declared the government’s intention to entirely eliminate Indian status and the Department of Indian Affairs.
The resulting overhaul in 1951 removed some of the most egregious political, cultural and religious restrictions, but instituted new restrictions on status that discriminated against First Nations women.
The new restrictions included the loss of status for a woman marrying a non-status man, prohibited status people from possessing intoxicants or being intoxicated, and extended provincial laws to reserve communities.