August 2, 2024

Understanding Bill C-31 and The Indian Act

Published: August 2, 2024
By: Grit Psychology

Understanding Bill C-31 and The Indian Act

There are parts of Canadian history that do not get nearly enough attention. The Indian Act is one of them. It is a piece of legislation that has quietly shaped the lives of Indigenous peoples in this country for nearly 150 years, and most Canadians know very little about it.

This is not about assigning blame or reopening old wounds for the sake of it. It is about understanding. Because you cannot move toward reconciliation without first understanding what you are reconciling.

July 31st marks the anniversary of the passing of Bill C-31, and it feels like the right time to talk about both pieces of legislation, what they were, what they did, and why they still matter today.

What Is the Indian Act?

The Indian Act was passed in 1876. At its core, it was a piece of legislation designed to govern virtually every aspect of Indigenous life in Canada. Who counted as a "Status Indian." How reserve lands could be used. How communities could be governed. What cultural practices were permitted.

That last one is worth sitting with for a moment. The Indian Act, at various points in its history, outright banned Indigenous ceremonies including the potlatch, a deeply significant cultural and spiritual practice for many First Nations peoples on the west coast. The government did not just limit Indigenous life. It tried to legislate culture out of existence.

The Act imposed a system of band councils and chiefs that often had little to do with how communities had actually governed themselves for generations. It stripped autonomy, disrupted traditional structures, and placed Indigenous peoples under a level of government control that no other group in Canada has ever experienced.

It has been amended many times over the decades, but the Indian Act is still in effect today. It is not ancient history. It is a living document.

The Human Cost

The impact of the Indian Act goes far beyond policy. When you control how a people defines itself, governs itself, and passes on its culture, the damage runs deep. Families were divided. Communities were fractured. People who had been told for generations that their language, their ceremonies, and their ways of life were something to be ashamed of carried that weight forward.

We see the effects of that today in the mental health challenges disproportionately faced by Indigenous communities across Canada. Historical trauma does not disappear when a law gets amended. It lives in families, in nervous systems, in the stories people carry about who they are and whether they belong.

Bill C-31: A Correction, Not a Cure

In 1985, the Canadian government introduced Bill C-31 as an amendment to the Indian Act. It was a meaningful step, but it is important to understand both what it did and what it did not do.

One of the most glaring injustices in the original Indian Act was its treatment of Indigenous women. Under the old rules, an Indigenous woman who married a non-Indigenous man automatically lost her Indian status. Her children lost status too. Meanwhile, an Indigenous man who married a non-Indigenous woman kept his status, and his wife could actually gain it.

That is not a technicality. That is discrimination written directly into law, and it affected real women and real families for over a century.

Bill C-31 eliminated that gender-based discrimination. It restored status to women who had lost it under those provisions, and to their children. It also gave First Nations communities more control over their own membership, allowing them to set their own rules rather than having identity defined entirely by federal legislation.

These were genuine improvements. But they did not resolve everything.

The Work That Remains

Bill C-31 created its own complications. The restoration process was difficult to navigate for many people. New categories of status emerged that created different tiers of rights within communities. Some people found themselves recognized by the government but not fully accepted by their home communities, or the other way around. The divisions that had been created over decades did not simply disappear with an amendment.

And none of it addressed the broader reality that the Indian Act itself, with all its paternalism and its legacy of control, remains on the books.

There have been ongoing legal challenges, continued advocacy from Indigenous leaders and communities, and calls for the Act to be replaced entirely with something built in genuine partnership with Indigenous peoples. That conversation is still very much alive.

Why This Matters for Mental Health

At Grit Psychology, we think about the connection between history and mental health a lot. Because they are not separate things.

When a person's sense of identity has been legislated, when their family has been divided by government definitions of who belongs, when their culture was once illegal, those experiences leave marks. They shape how people see themselves, how safe they feel, and how much they trust the systems around them.

Understanding this history is not just an academic exercise. It is part of providing care that is genuinely respectful and culturally informed. It is part of recognizing that for many Indigenous clients, the struggles they carry are not just personal. They are historical, intergenerational, and systemic.

A Place to Start

If this is new information for you, that is okay. Most of us were not taught this in school, and that is its own kind of problem worth acknowledging. But it is never too late to learn, and learning is where things begin to shift.

Below are some resources worth exploring:

Indigenous Services Canada: Information on status registration and support for Indigenous peoples. canada.ca/en/indigenous-services-canada.html

National Centre for Truth and Reconciliation: Resources on residential schools, the Indian Act, and ongoing reconciliation efforts. nctr.ca

First Nations Health Authority: Mental health and wellness support for First Nations peoples. fnha.ca

Reconciliation is not a single event or a checkbox. It is an ongoing commitment to understanding, to listening, and to doing better. Learning about the Indian Act and Bill C-31 is a small but meaningful part of that.

Get Matched To The Right Therapist

Not sure who can help you? You can either fill out the form to be matched to a therapist that specializes in your unique situation or give us a call at (403) 588-7639.

Get Started
North Calgary
South Calgary
Airdrie
Edmonton
Red Deer

Counselling in North Calgary

Address: 2000 Pegasus Rd NE, Calgary, AB T2E 8K7
Major nearby North Calgary neighbourhoods:
Skyview Ranch
Saddle Ridge
Taradale
Coral Springs
Monterey Park
Redstone
Rundle
Pinridge
Cityscape
Abbeydale

Counselling in South Calgary

Address: 290 Midpark Way SE #330, Calgary, AB T2X 1P1
Major nearby South Calgary neighbourhoods:
Midnapore
Chaparral
Willow Park
Somerset
Millrise
Shawnessy
Evergreen
Acadia
Woodbine
Deer Ridge
Deer Run

Counselling in Airdrie

Address: Unit #17 – 620 1 Ave NW, Airdrie, AB T4B 2R3
Major nearby Airdrie neighbourhoods:
Airdrie Central
Sierra Springs
Big Springs
Piper Creek
Rocksprings
Edgemont
Horizons
Riverside
Luxstone
Silver Creek

Counselling in Edmonton

Address: 9426 51 Ave NW, Edmonton, AB T6E 5A6
Major nearby Edmonton neighbourhoods:
Strathearn
Holyrood
King Edward Park
Glenora
Westmount
North Glenora
Queen Mary Park
Oliver
Downtown Edmonton
Ritchie
Strathcona

Counselling in Red Deer

Address: Suite #104 550 Laura Ave, Red Deer, AB T4E 0A5
Major nearby Red Deer neighbourhoods:
Downtown Red Deer
Gasoline Alley
Bower
Inglewood
Anders Park
Aspen Ridge
Sunnybrook
Westerner Park
Luxstone
Morrisroe
Springbrook
Parkvale
Grit Psychology Logo