The history of Indian AffairsBy Kenneth Williams
Windspeaker Staff Writer
OTTAWAThe Department of Indian Affairs and Northern Development, created in 1966, is a highly decentralized organization which responds to the varying needs of a culturally, economically and geographically diverse clientele.
The department is responsible for Indian and Inuit affairs and the residents of the Yukon and Northwest Territories and their resources. It also fulfills the lawful obligations of the federal government to Aboriginal peoples as outlines in treaties, the Indian Act and other legislation.
In 1755, the British Crown established DIAND's forerunner, the British Indian Department, and, in 1860, the responsibility for Indian affairs was transferred from the government of Great Britain to the Province of Canada.
At the time of Confederation, the new federal government was given legislative authority over "Indians and lands reserved for the Indians" through the Constitution Act, 1867. The federal parliament was granted jurisdictional authority over the Northwest Territories in 1870. The department's broad mandate for the North was derived from numerous statutes, in particular, the Northwest Territories Act and the Yukon Act.
The federal government's legislative responsibilities for Indians and Inuit derive from section 91(24) of the Constitution Act, 1867. In 1876, the Indian Act, which remains the major expression of federal jurisdiction in this area, was passed and a series of treaties were concluded between Canada and the various Indian bands across the country. In 1939, federal jurisdiction for Indian peoples was interpreted by the courts to apply to the Inuit.
DIAND is responsible for funding the delivery of basic services to First Nation and Inuit communities, including education, social assistance, housing and community infrastructure.
Before Confederation responsibility for Indian Affairs rested on the Superintendents of Indian Affairs from 1755 to 1841. After 1843, the Governors General held control of Indian Affairs, but usually delegated much of their responsibility to a series of Civil Secretaries.
After 1843, responsibility for Indian Affairs was given to the Crown Lands Department Commissions Responsible for Indian Affairs, and then in 1867, it was given to the Secretary of State for the Provinces Responsible for Indian Affairs.
Since Confederation, the responsibility for Indian Affairs and Northern Development rested with various government departments between 1873 and 1966. The minister of the Interior also held the position of Superintendent-General of Indian Affairs after the Indian Affairs Department was established in 1880.
From 1950 to 1965, the Indian Affairs portfolio was carried by the Minister of Citizenship and Immigration. In Oct. 1, 1966, the Department of Indian Affairs and Northern Development was created as a result of the Government Organization Act, 1966.
The current Liberal government of Canada has committed itself to "devolving" the role of Indian Affairs and giving more control to the First Nations directly for the delivery of services.
The Liberal Party of Canada declared in its document Creating Opportunity: The Liberal Plan for Canada (1993), commonly known as the Red Book, that "A Liberal government will be committed to building a new partnership with Aboriginal peoples that is based on trust, mutual respect, and participation in the decision-making process."
The present government plans to "devolve" its responsibilities for Indian affairs. There is no specific plan for the elimination of the department of Indian Affairs, but Minister Ron Irwin has stated on many occasions that he would like to see the department play less and less a role in the day to day affairs of Indian people.
In April 1994, the Government of Canada signed a framework agreement with the Assembly of Manitoba Chiefs to commence negotiations to confirm First Nations jurisdictions and to dismantle the regional office of DIAND. It will focus initially on the transfer of fire protection, capital management, and education to the Manitoba First Nations.
In other fronts, the department has completed negotiations of specific and comprehensive land claims, and moved ahead with self-government negotiations with First Nations throughout Canada.
Irwin is the 62nd person responsible for Indian affairs in Canada, and the second-longest serving minister since the department was created in 1966. Ironically, the current Prime Minister, Jean Chrétien is the longest serving minister of Indian Affairs, having held the job from 1968 to 1974. No Aboriginal person has ever been responsible for Indian affairs in Canada.
PRE-CONFEDERATION
Superintendents of Indian Affairs:
Sir William Johnson (1755-1774)
Guy Johnson (1774-1782)
Sir John Johnson (1782-1828)
Maj.-Gen. H.C. Darling (1828-1830)
Col. James Givins (1830-1841) for Upper Canada
Lt.-Col. D.C. Napier (1830-1841) for Lower Canada
Governors General Responsible for Indian Affairs:
Sir Charles Bagot (1841-1843)
Sir Charles Metcalfe (1843-1845)
Earl of Cathcart (1846-1847)
Earl of Elgin (1847-1854)
Sir Edmund Heath (1854-1860)
POST-CONFEDERATION
Crown Lands Department Commissions Responsible for Indian Affairs
P.M. Vankoughnet (1860-1862)
George Sherwood (1862)
William McDougall (1862-1864)
Alexander Campbell (1864-1867)
Secretary of State for the Provinces Responsible for Indian Affairs
H.L. Langevin (1867-1869)
Joseph Howe (1869-1873)
Thomas N. Gibbs (1873)
Department of the Interior
Sir Alexander Campbell (1873)
David Laird (1873-1876)
David Mills (1876-1878)
Sir John A. MacDonald (1878-1883)
Sir David L. Macpherson (1883-1885)
Thomas White (1885-1888)
Edgar Dewdney (1888-1892)
Thomas M. Daly (1892-1896)
Hugh J. MacDonald (1896)
Sir Clifford Sifton (1896-1905)
Frank Oliver (1905-1911)
Robert Rogers (1911-1912)
William James Roche (1912-1917)
Authur Meighen (1917-1920)
Sir James A. Lougheed (1920-1921)
Charles Stewart (1921-1930)
Thomas G. Murphy (1930-1935)
Department of Mines and Resources
Thomas Alexander Crerar (1935-1945)
James Allison Glen (1945-1947)
James A. MacKinnon (1947-1948)
Colin Gibson (1948-1949)
Department of Immigration and Citizenship
Walter Harris (1950-1953)
John Pickersgill (1953-1957)
E.D. Fulton (1957-1958)
E.L. Fairclough (1958-1962)
R. Bell (1962-1963)
G. Favreau (1963-1964)
R. Tremblay (1964-1965)
J.R. Nicholson (1965)
J. Marchand (1965-1966)
Department of Indian Affairs and Northern Development
Authur Laing (1966-1968)
Jean Chrétien (1968-1974)
Judd Buchanan (1974-1976)
Warren Allmand (1976-1977)
J.H. Faulkner (1977-1979)
A.J. Epp (1979-1980)
J.C. Munro (1980-1984)
Doug Frith (1984)
David Crombie (1984-1986)
Bill McKnight (1986-1989)
Pierre H. Cadieux (1989-1990)
Thomas Siddon (1990-1993)
Pauline Browes (1993)
Ronald A. Irwin (1993-1997)
Jane Stewart (1997-2000)
Robert Nault (2000 - present)