The Indian Act ("An Act respecting Indians"), R.S., 1951, c. I-5, is a Canadian statute that concerns registered Indians, their bands, and the system of Indian reserves. The Indian Act was enacted in 1876 by the Parliament of Canada under the provisions of Section 91(24) of the Constitution Act, 1867, which provides Canada's federal government exclusive authority to legislate in relation to "Indians and Lands Reserved for Indians". The Department of Aboriginal Affairs and Northern Development, which is responsible for the act, is administered by the Minister of Aboriginal Affairs and Northern Development.
The act defines who is an "Indian" and contains certain legal rights and legal disabilities for registered Indians. The rights exclusive to Indians in the Indian Act are beyond legal challenge under the Constitution Act, 1982. Section 25 of the Constitution Act, 1982 provides that the Canadian Charter of Rights and Freedoms shall not be interpreted as negating aboriginal, treaty or other rights of Canada's aboriginal peoples.
Read more about Indian Act: Status, Amendments and Bill C-31, Section 88, Case Law
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“If you tie a horse to a stake, do you expect he will grow fat? If you pen an Indian up on a small spot of earth, and compel him to stay there, he will not be contented, nor will he grow and prosper. I have asked some of the great white chiefs where they get their authority to say to the Indian that he shall stay in one place, while he sees white men going where they please. They can not tell me.”
—Chief Joseph (c. 1840–1904)
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—Henry David Thoreau (1817–1862)