Denying Control: Land, Law, and Governance
LEARNING GOAL I can describe how colonization through land seizure, legal exclusion, and imposed governance has denied Indigenous peoples control over their own lives and communities.
LEARNING GOAL I can describe how colonization through land seizure, legal exclusion, and imposed governance has denied Indigenous peoples control over their own lives and communities.
Self-determination means a nation controls its own land, laws, and government. Colonization worked by taking all three away, one mechanism at a time. Looking at exactly how that happened, through specific laws and specific events, shows why the right to self-determination matters so much today, and why it took so much work to deny.
The reserve system was the first tool. Treaties like Treaty 4, signed in 1874 and covering Muscowpetung, Piapot, Peepeekisis, Standing Buffalo, and Okanese First Nations among many others, moved nations onto small, fixed parcels of land, a fraction of the territory they had lived on and governed before. The land taken outside those reserves was opened for settlement and resource extraction without the nations' consent, and reserve boundaries could later be reduced further by the government without a new agreement.
The United States used a different method to take even more land. The Dawes Act of 1887 broke up communally held tribal land into individual allotments, then sold the leftover land as surplus to non-Native settlers. Tribal landholdings fell from 138 million acres in 1887 to 48 million acres by 1934, a loss of roughly 90 million acres, about two-thirds of what nations held before the act. The law was framed as a way to help Indigenous people become farmers by owning individual plots. Its actual effect was to dismantle collective land ownership and open the door to mass land loss within a single generation.
Once a nation was confined to a reserve, the next step was controlling movement on and off it. Starting in 1885, after the North-West Resistance, the Canadian government created the pass system. It required First Nations people in Treaty 4, Treaty 6, and Treaty 7 territory, the exact area that includes Muscowpetung, Piapot, Peepeekisis, Standing Buffalo, and Okanese, to get written permission from an Indian agent before leaving their reserve. A person needed a signed pass to visit family, sell grain or livestock, or travel into town. Farmers on reserve were becoming successful growers, and nearby settlers complained about the competition, which was part of why the system was enforced so strictly. The pass system had no basis in Canadian law. It was never written into the Indian Act. Government officials were warned in 1892 that it was illegal, and enforcement paused briefly, then resumed anyway under pressure from the Department of Indian Affairs. It continued in practice into the 1940s.
Canada also blocked Indigenous nations from using the courts to fight back. In 1927, an amendment added Section 141 to the Indian Act. It made it illegal to raise money or hire a lawyer to pursue a land claim without government permission. The person who introduced the amendment said it was meant to stop dishonest lawyers from overcharging Indigenous clients. Government records from the time show the real goal was to stop land claims from being filed at all. Section 141 stayed in effect for almost twenty five years. It was not repealed until 1951. For that entire period, nations could not legally organize or pay a lawyer to challenge the land loss happening around them.
Canada went further still by replacing the governments nations already had. The Haudenosaunee Confederacy had governed Six Nations of the Grand River for centuries through a hereditary council of chiefs. In October 1924, the federal government used Section 74 of the Indian Act to dissolve that government and impose an elected band council instead. The RCMP occupied the council house at Ohsweken, barred the hereditary chiefs from entering, and seized wampum belts, the recorded agreements and history of the Confederacy. An election under the new system took place on October 21, 1924, with the new council meeting the very next day. The government did not ask Six Nations whether it wanted to change how it governed itself. It sent police to make the change happen instead.
None of this is only history. Six Nations and the Canadian government are still in active dispute today over the mismanagement of Grand River land and trust funds going back to that same period. The pass system and Section 141 both ended decades ago, but the land that was lost under them, and the governments that were dissolved, were never simply restored once the laws changed.
KEY IDEA Denying self-determination was never one single act. It was a set of specific, deliberate policies, each one closing off a different path a nation might have used to hold onto control of its own future: land seizure removed the territory a nation needed to sustain itself, the pass system controlled where people could go, Section 141 removed the legal tools to fight back, and Section 74 replaced the government itself.
The Canadian Encyclopedia. "Pass System in Canada." https://www.thecanadianencyclopedia.ca/en/article/pass-system-in-canada
National Archives (United States). "Dawes Act (1887)." https://www.archives.gov/milestone-documents/dawes-act
The Conversation. "How the Indian Act's 'blackout period' denied Indigenous Peoples their legal rights." https://theconversation.com/how-the-indian-acts-blackout-period-denied-indigenous-peoples-their-legal-rights-191040
CBC News. "Q&A: How the Six Nations of the Grand River and the Haudenosaunee Confederacy came to be." https://www.cbc.ca/news/canada/kitchener-waterloo/six-nations-confederacy-1.6261273
Government of Canada, Crown-Indigenous Relations and Northern Affairs Canada. "Treaty Research Report — Treaty Four (1874)." https://www.rcaanc-cirnac.gc.ca/eng/1100100028685/1564413292885