Indigenous Peoples and the Right to Vote
TW/Disclaimer: In this article, I am discussing the history of voting and with that comes the use of the term Indian in the context of The Indian Act. I wanted to give a disclaimer before beginning the article that this term is being used in a historical context and when referring to The Act and the status held by Indigenous peoples. It is not a term that should be used to refer to any Indigenous peoples or communities, it is a harmful and colonial term.
With the federal election (#elxn44) having just occurred this month and the topic of voting on everyone’s mind, this article is going to cover the history of Indigenous suffrage, voting rights and barriers, as well as the long-lasting effects. Long before colonization began and the European settlers arrived, Indigenous communities were governing themselves. The First Nations, as well as the Inuit and Métis communities, were governing in a way that aligned with their values, culture and ways of living with the land. When the Europeans arrived and began their colonization of Indigenous peoples and their land, they enforced their ways of government onto them, another tool of assimilation.
In 1867, The Indian Act was created and a whole host of restrictions and laws were put on Indigenous peoples. These laws limited the way First Nations could govern themselves and hold elections. This article is focusing on the history and present-day issues surrounding the federal elections, however, if you want to learn about The Indian Act and the band council elections please check out the Indigenous Foundation’s podcast Unrooted. The first episode of the “21 Things” series explores the elections within Indigenous communities, how they were run, the history and how the Indian Act affected the voting and elections in communities.
The year 1867, in addition to being the year the Indian Act was created, was the year that the responsibilities of the government of Canada were split into federal and provincial branches. In regard to the First Nations (who were not consulted about this), they were put under the control of the federal government. This meant that the federal government had the authority to put restrictions and prohibit Indigenous peoples from doing whatever they saw fit. This included giving up their Indian status to force assimilation. The process of revoking one’s Indian status was known as enfranchisement. In the beginning, being enfranchised was a choice, Indigenous men could choose if it was something they wanted to partake in, however, this changed over time.
When an Indigenous individual opted to become enfranchised it meant they had to revoke their Indian status and therefore their rights. When the enfranchisement took effect the individual was seen as a “full Canadian citizen”, which was viewed as a privilege granted by the Canadian government. This “privilege” as the government called it, included being able to vote in federal elections, all other Indigenous peoples and communities were forbidden from voting. The only exception to this rule was that Indigenous peoples who served in the war could vote in elections without having to revoke their status. But when the war was over and they returned home to their reserve land they were no longer allowed to participate in the voting process.
There was a point in time when enfranchisement was mandatory for particular Indigenous peoples, such as those who obtained a degree, became a clergyman or served in the military. Additionally, Indigenous women were forced into enfranchisement when their husbands chose to do so or if they married a non-status man. Forced enfranchisement resulted in a large number of Indigenous individuals who could vote in these federal elections. However, many were unenthusiastic about getting the right to vote because of course, it meant giving up their status and their rights. By voting Indigenous individuals were contributing to a system that had always worked to colonize and oppress them, which is why there was a lot of resistance to this, understandably so.
The practice of enfranchisement to vote continued until 1960. During this year John Dienfenbaker, who was the 13th prime minister of Canada, extended the right to vote to all First Nations peoples without conditions. During his campaign in 1957, he had made this promise to change the laws surrounding voting and he delivered on that promise when he was elected. It was on March 10 that the House of Commons gave Indigenous peoples the right to vote without enforcing enfranchisement. Then, eight years later in 1968, the first Indigenous individual was elected to the House of Commons, Len Marchand. He represented the British Columbia constituency of Cariboo. Throughout his time in the House of Commons, which was three terms, he advocated for stronger First Nations, Inuit and Métis representation in politics as well as supporting the movement of justice for all Indigenous peoples.
At this point in time, all Indigenous peoples had the right to vote but there were still many barriers to be faced in regard to this process. Historically Indigenous communities did not have the access to polling stations they needed in order to cast their ballot. Especially Inuit and Métis peoples who were much more likely to live in remote areas where there was no chance of getting to a polling station. In addition to this, they were less likely to have an ID that showed a valid address, because they travelled from community to community. Indigenous peoples were less likely than the general population to find it took a reasonable amount of time to get to the polls. So although Indigenous peoples were given the right to vote, the federal government made little to no effort to ensure they could easily participate in the process.
These types of barriers still remain in present-day politics. With the most recent election it was blatantly obvious that there are major problems with the way elections are held and run. CBC news released an article discussing the fact that many First Nations did not have access to polling stations on September 20th, when the election took place. Angela Petiquan of Wabauskang, a First Nation in northwestern Ontario shared with the CBC that she and her family faced many challenges and letdowns during the election. Petiquan and her son who live together checked their voting cards on the day of the election, both excited to vote and have their voices heard, however, they had a devastating surprise. The card that was sent to Petiquan said that her polling station was in Slate Falls First Nation, which is around 260 km away which is equivalent to a six-hour drive. The voter card for her son said his polling station was in Vermilion Bay which was more than 60 km south of the Petiquan home. There were many other cases such as this, all outlined in the CBC article which I will link at the bottom of this piece. The lack of access to polling is not something new in Indigenous communities however, it is horrific that these barriers continue to affect Indigenous voices from being heard today. This type of voter suppression, errors on voter cards and lack of polling stations, is a form of disenfranchisement says Tania Cameron, who is a former NDP candidate for the federal Kenora riding.
Lastly, I would like to make a note on allyship and voting. Some Indigenous peoples may not want to participate in elections and voting due to the systemic oppression they’ve faced at the hands of the system. The system we are currently a part of is based on white supremacy and colonialism and it is understandable if Indigenous folks do not want to be a part of it. That being said, that makes it even more important that the rest of us, who want to go further than performative allyship, show up to vote. In order to stand in solidarity with Indigenous peoples, it is necessary that you vote in solidarity. This looks like having discussions with your friends and families about the issues and discrimination still affecting Indigenous peoples in “Canada”, talk about the importance of voting and discuss different parties. A vote in solidarity means voting for a party that recognizes the pain Canada has caused, their role in systemic racism and oppression as well as one that is working to uphold Indigenous treaty rights.
In conclusion, the history of voting in Indigenous communities is a complicated one full of discrimination and racism, and there are still many barriers faced today when it comes to voting in federal elections. With #elxn44 bringing these issues to the forefront of our minds, some further action that can be taken is to find out what can be done to ensure voting is accessible for all, have conversations with those around us to raise awareness, and amplify Indigenous voices in all spaces.
Resources:
https://www.elections.ca/content.aspx?section=res&dir=rec/part/APRC/vot_rights&document=p4&lang=e
https://humanrights.ca/story/the-chaotic-story-of-the-right-to-vote-in-canada
https://www.historymuseum.ca/cmc/exhibitions/hist/elections/el_038_e.html
https://inspirerlademocratie-inspiredemocracy.ca/learn/indig/index-eng.asp
https://www.ictinc.ca/indian-act-and-the-right-to-vote
https://canadianwomen.org/blog/indigenous-voting-rights/
https://orderofbc.gov.bc.ca/2014-recipient-the-honourable-leonard-marchand-kamloops/
https://www.cbc.ca/news/canada/thunder-bay/kenora-first-nation-election-problems-1.6183246
