Canada used Indian Act to target Indigenous leaders

Archival research has revealed how Section 141 of Canada’s Indian Act was used to systematically target Indigenous leaders and suppress legal challenges between 1927 and 1951.

During this period, the provision made it illegal for Indigenous Peoples to hire lawyers or fundraise for land and rights claims without explicit permission from the Department of Indian Affairs. While framed by officials like Deputy Superintendent Duncan Campbell Scott as a measure to protect Indigenous people from exploitation, internal government records, RCMP reports, and memos suggest the rule functioned as a tool to monitor, pressure, and silence those challenging colonial authority.

The research indicates that the Department of Justice interpreted this power broadly, applying it to every stage of preparing a legal claim, including the gathering of evidence and collection of funds. This created a legal ‘blackout’ period that effectively barred Indigenous sovereignty and land claims from reaching the courts for nearly 25 years.