Gradual Civilization Act
Encyclopedia
The Act to Encourage the Gradual Civilization of Indian Tribes in this Province, and to Amend the Laws Relating to Indians (commonly known as the Gradual Civilization Act) was a bill passed by the 5th Parliament of the Province of Canada
in 1857.
The treaty built on the "Act for the Protection of the Indians in Upper Canada" passed in 1839, but required the "enfranchisement" of any recognized male Indian
over the age of 21 "able to speak, read and write either English
or the French language
readily and well, and is sufficiently advanced in the elementary branches of education and is of good moral character and free from debt." An "enfranchised" Indian would no longer retain the "legal rights and habilities of Indians" and would "no longer be deemed an Indian" but a regular British subject
. Such enfranchisement was mandatory, but any male Indian could be voluntarily enfranchised despite an inability to read or write, or a lack of school education, so long as he spoke English or French, and was found to be "of sober and industrious habits, free from debt and sufficiently intelligent to be capable of managing his own affairs." Voluntary enfranchisement, however, required a three year probation term before it would come into legal effect.
Enfranchisement required that Indians choose a surname (to be approved by appointed commissioners) by which they would become legally known. The wife and descendants of an enfranchised Indian would also be enfranchised, and would no longer be considered members of the former tribe, unless they were to regain Indian status
through another marriage.
Enfranchised Indians were entitled to "a piece of land not exceeding fifty acres out of the lands reserved or set apart for the use of his tribe" as allotted by the Superintendent General of Indian Affairs
, and "a sum of money equal to the principal of his share of the annuities and other yearly revenues receivable by or for the use of such tribe." This land and money would become their property, but by accepting it, they would "forego all claim to any further share in the lands or moneys then belonging to or reserved for the use of [their] tribe, and cease to have a voice in the proceedings thereof."
5th Parliament of the Province of Canada
The 5th Parliament of the Province of Canada was in session from 1854 to November 1857. Elections were held in the Province of Canada in July 1854. Sessions were held in Quebec City until 1856 and then in Toronto....
in 1857.
The treaty built on the "Act for the Protection of the Indians in Upper Canada" passed in 1839, but required the "enfranchisement" of any recognized male Indian
Indian Register
The Indian Register is the official record of Status Indians or Registered Indians in Canada. Status Indians have rights and benefits that are not granted to unregistered Indians, Inuit, or Métis, the chief benefits of which include the granting of reserves and of rights associated with them, an...
over the age of 21 "able to speak, read and write either English
English language
English is a West Germanic language that arose in the Anglo-Saxon kingdoms of England and spread into what was to become south-east Scotland under the influence of the Anglian medieval kingdom of Northumbria...
or the French language
French language
French is a Romance language spoken as a first language in France, the Romandy region in Switzerland, Wallonia and Brussels in Belgium, Monaco, the regions of Quebec and Acadia in Canada, and by various communities elsewhere. Second-language speakers of French are distributed throughout many parts...
readily and well, and is sufficiently advanced in the elementary branches of education and is of good moral character and free from debt." An "enfranchised" Indian would no longer retain the "legal rights and habilities of Indians" and would "no longer be deemed an Indian" but a regular British subject
British subject
In British nationality law, the term British subject has at different times had different meanings. The current definition of the term British subject is contained in the British Nationality Act 1981.- Prior to 1949 :...
. Such enfranchisement was mandatory, but any male Indian could be voluntarily enfranchised despite an inability to read or write, or a lack of school education, so long as he spoke English or French, and was found to be "of sober and industrious habits, free from debt and sufficiently intelligent to be capable of managing his own affairs." Voluntary enfranchisement, however, required a three year probation term before it would come into legal effect.
Enfranchisement required that Indians choose a surname (to be approved by appointed commissioners) by which they would become legally known. The wife and descendants of an enfranchised Indian would also be enfranchised, and would no longer be considered members of the former tribe, unless they were to regain Indian status
Indian Register
The Indian Register is the official record of Status Indians or Registered Indians in Canada. Status Indians have rights and benefits that are not granted to unregistered Indians, Inuit, or Métis, the chief benefits of which include the granting of reserves and of rights associated with them, an...
through another marriage.
Enfranchised Indians were entitled to "a piece of land not exceeding fifty acres out of the lands reserved or set apart for the use of his tribe" as allotted by the Superintendent General of Indian Affairs
Indian and Northern Affairs Canada
The Department of Aboriginal Affairs and Northern Development is the department of the government of Canada with responsibility for policies relating to Aboriginal peoples...
, and "a sum of money equal to the principal of his share of the annuities and other yearly revenues receivable by or for the use of such tribe." This land and money would become their property, but by accepting it, they would "forego all claim to any further share in the lands or moneys then belonging to or reserved for the use of [their] tribe, and cease to have a voice in the proceedings thereof."