Une volonté de justice et d'égalité était un élément clé de la carrière de John Diefenbaker. Ce dernier était fermement convaincu que tous les citoyens pouvaient prétendre à certains droits essentiels en dépit de leurs différences culturelles et que les Premières nations ne faisaient pas exception à la règle. Durant toute sa carrière politique, il essaya de corriger certains aspects des injustices passées, et son gouvernement prit des mesures pour que les relations entre le Gouvernement fédéral et les Premières nations soient harmonieuses.

John Diefenbaker being named Chief Walking Buffalo by Chief Little Crow of the Sioux Indian Tribe John and Olive Diefenbaker with Chief William Little Crow at Outlook Saskatchewan

Le principal accomplissement du gouvernement Diefenbaker dans les affaires autochtones fut l'extension de l'émancipation (ou droit de vote) en 1960.  Auparavant, les membres des Premières nations, considérés comme des «pupilles» de la nation, n'avaient pas le droit de voter dans les élections fédérales. Après les deux Guerres mondiales, les anciens combattants étaient émancipés, mais seulement s'ils renonçaient à leur statut d'Indiens, ce que seulement 250 acceptèrent de faire. Diefenbaker était très favorable à ce qu'on octroie le droit de vote à toutes les Premières nations, comme l'était aussi son gouvernement, appuyé tout particulièrement en cela par James Gladstone, premier sénateur autochtone. Diefenbaker s'était déjà beaucoup investi dans le processus quand il devint Premier ministre du Canada.  En conséquence, en 1960, son gouvernement amenda l'article de la Loi sur les Indiens qui refusait le droit de vote aux Premières nations.   

John Diefenbaker with school children in Whitehorse, Yukon John Diefenbaker with Chief Brono, Chief Joe Sangris and the Mayor of Yellowknife, North West Territories

Certains membres des Premières nations avaient toutefois une vision négative de l'émancipation.  Nombreux furent les leaders et les chefs à écrire au gouvernement de Diefenbaker, objectant que les Premières nations n'avaient pas été consultées quant aux changements et qu'elles ne les sanctionnaient pas.  Ils craignaient qu'en votant, ils renonceraient à leur statut distinct et seraient assimilés. Le droit de suffrage les amènerait-il notamment à perdre leurs terres de réserve, garanties par la Couronne?  En réponse à ces préoccupations, le gouvernement Diefenbaker assura aux Premières nations que le droit de suffrage était en fait un avantage supplémentaire du fait de vivre au Canada; rien ne leur serait retiré. C'était à eux de décider s'ils voulaient voter ou non, et quelle que soit leur décision, aucun de leur droit ne serait modifié ou abrogé. Cette caractérisation des droits des autochtones sera ultérieurement résumée dans l'expression anglaise Citizen Plus.

Une fois que le droit de suffrage leur fut octroyé, les peuples des Premières nations purent exercer leur droit de vote pour la première fois lors de l'élection fédérale de 1962.  En dépit des inquiétudes exprimées par certains leaders, ils furent plus nombreux à voter qu'on ne l'avait prévu. Cette première mesure prise par le gouvernement Diefenbaker sera suivie de nombreuses autres qui tenteront de rectifier la marginalisation politique des peuples autochtones dans l'histoire du Canada.

John Diefenbaker greeting an Aboriginal woman, and a small boy John Diefenbaker speaking in Inuvik John Diefenbaker with Chief Mathias Joe of the Capilano and others in North Vancouver

Documents

76 St. Paul Street

Post Office Box 37
Oka, P. Que
Jan 20th 1960
Right Honourable John Diefenbaker
Prime Minister of Canada
Ottawa, Canada

[Stamp: Seen by John G. Diefenbaker]

Honourable Sir

I understand by the Throne Speech that you intend giving the Indians the right to vote I would like to know if the vote if it would take away some of our rights and Privileges, [Diefenbaker: “No”]

1st Would we have to Pay Property and Lands Taxes [“No”]

2nd Would it mean We Would have no more Medical and Hospital care [“No”]

3rd Would we still be given relief I would like to State here, these Indians are very Illiterate, I must also State here, on this Reserve there are no Industries, and the Indians do not have Sufficient Land to make a livelihood. By Voting Would We become Enfranchised, most of the Indians here have no Education if you take their Rights away the majority would Starve. We Would be foolish to vote to change our treaties We Indians are like the Late Mr. Duplessis We do not want you to change the British North American Act. I think that is why you was to pass a Bill of Rights.

Trusting you Will respect Our Rights Which We have enjoyed for so many years

Yours Very Respectfully

George A. Cree

Canada

Deputy Minister of Citizenship and Immigration
Ottawa, April 29, 1961
Neil Crawford, Esq.,
Executive Assistant,
Prime Minister’s Office,
Ottawa, Ontario.

Dear Mr. Crawford:

With reference to my letter of April 3, 1961, I wish to advise you that the results of the plebiscite held on the Blood Indian Reserve on April 12 and 13 were as follows:

Against Elective System - 389
For Elective System - 297
Spoiled Ballots - 20
Total Voting - 706
Eligible Votes - 1,111

The plebiscite was carried out meticulously in accordance with the highest standards of procedure set by the Department. The Regional Supervisor of Indian Agencies for Alberta who was in personal charge of the plebiscite has certified by signed statement that the results of the plebiscite were as shown above. Other signatures appearing on the statement include those of the deputy electoral officers, the scrutineers, three witnesses, and the Superintendent, Blood Indian Agency. The two deputy electoral officers, the two scrutineers, and one of the witnesses were members of the Blood Band. The other two witnesses were R.C.M. Police Officers.

The results of the plebiscite indicate the wisdom of the Minister in refraining from imposing the election provisions of the Indian Act on the Band without first obtaining the views of its members.

Yours sincerely,

[signed]

George F. Davidson.

Handwritten note: “I fear that the one person who will not be too happy about the result will be Sen. Gladstone. GFD.”

FILE

cc. Rev. Dr. Kelly
cc. Hon. E. Davie Fulton
Vancouver, B.C.,
May 30th, 1962

Dear Mrs. Hurley,

I welcome the opportunity of reminding the Indian people of Canada that as a result of the amendments to the Indian Act and The Canada Elections Act introduced by the government which I have the honour to lead, the Indians of Canada now have the right to vote in federal elections without any restriction whatsoever, and we have thereby for the first time equalized the rights of the Indians with those of all other Canadian citizens. The right to vote is the greatest right of citizenship in a democracy.

Let us hope that Indians who now for the first time have representation in Parliament with the appointment by this government of Senator Gladstone, will by the exercise of their right do their part by their votes to elect representatives to the House of Commons so that their voice will be heard.

I most solemnly assure them that the exercise of this right can and will in no way affect the other rights or the status which our Indian people enjoy.

Yours sincerely,

[Stamp: Original signed by John G. Diefenbaker]

Mrs. Maisie Hurley,

Editor, The Native Voice,
510 West Hastings Street,
Vancouver, B.C.

Circ.
File
Ottawa, 
June 17, 1960
Mr. Fred de la Ronde,
3320 E. Keith Road
North Vancouver, British Columbia

Dear Fred:

I have learned of the useful work you have been accomplishing among the native Indians of British Columbia. I congratulate you on those endeavours.

The recent legislation extending to all Indians the right to vote at federal elections has, I understand, produced some inquiries with which you have had to deal. Perhaps I may repeat to you the assurances I gave before the House of Commons that the legislation in question does not in any way affect the treaty or other rights of the Indians. I made this quite plain when announcing this proposed legislation to the House of Commons, and I hope it will be helpful to you and to the Indians of your area if I repeat that existing rights and treaties traditional or otherwise possessed by the Indians will not in any way be abrogated or diminished in consequence of their having the right to vote.

The Indians of your area should understand that far from taking away existing rights from them, Parliament’s intention in passing the legislation was to confer an additional right on them, the right to vote without restrictions. Normally, the extension of this right to vote to all Indians does not compel any of them to exercise the right, it merely extends to him the right to decide whether he will vote or refrain from voting and his rights will not be jeopardized regardless of the course of action he follows.

With best regards,
I am,
Yours sincerely,

[Stamp: Original signed by John G. Diefenbaker]
CG/cc

Cc: Minister of Justice

Minister of Citizenship and Immigration 
(Superintendent General of Indian Affairs)
Circ
File
Ottawa
March 9, 1962

Dear Mr. Paull:

I have your letter of February 24th, in which you refer to a number of matters relating to the treaty rights of the Indian people in Canada who come under treaty, and also to the particular position of the Indians in British Columbia who have no treaty.

I should like to repeat the assurances which I gave to you in my letter of November 5, 1961, and to repeat that the rights of Indians under treaty and the aboriginal rights of Indians generally in Canada are not in any way diminished or affected by the legislation passed in 1960, which conferred on persons of Indian status the right to vote in federal elections. The legislation in question confers an additional right or benefit: it takes nothing away. If an Indian wants to vote in the federal elections, - and it is my hope that all Indians will do so, - he does not have to surrender any rights whatsoever, and specifically he does not have to surrender his right to exemption of income on money he earns on the Indian reserves.

You also ask whether Indians or Indian tribes or bands will become “extinct” by voting in the federal elections. The answer is a definite “No”. The position of Indian tribes or bands, and of individual Indians, will be entirely unaffected by voting in any federal election. I trust that you will accept my unqualified assurances on these points.

Percy A. Paull, Esq.,

419 West 3rd Street,
North Vancouver, B.C.

The remaining portions of your letter, relating to a recent decision of the British Columbia Cour of Appeal and to an Order-in-Council, No. 1036, made with reference to legislation passed by the Parliament of Canada in 1920, are being referred to the Minister of Justice and to the Minister of Citizenship and Immigration (Superintendent General of Indian Affairs) for their advice and comments.

I am,
Yours sincerely,

[Stamp: Original signed by John G. Diefenbaker] 
Cit. & Imm./al

Canada

Office of Minister of Citizenship and Immigration
May 18, 1962

On April 11, 1962, I made the following statement in the House of Commons:

“I should like to state for the record, so there will be no possibility of misunderstanding on the point, that the rights of Indians under treaty and the rights of Indians not under treaty are not in any way diminished or affected by the legislation passed in 1960 which conferred on persons of Indian status the right to vote in federal elections. The legislation in question takes nothing at all away from the Indians; instead, it confers an additional right or benefit, the right to vote in exactly the same way as any other citizen of Canada.”

I would now like to give you my personal assurance that none of your rights will be affected by your voting and I urge you to exercise this privilege of citizenship.

Yours sincerely,

Ellen L. Fairclough [signed]

Superintendent-General of Indian Affairs
Minister of Citizenship and Immigration

Canada

Deputy Minister of Citizenship and Immigration
Ottawa, June 13, 1960.
Memorandum to Mr. H.B.M. Best

In accordance with your verbal suggestion, we are enclosing a draft of material that could be included in a reply to the letter of May 31st to the Prime Minister from a member of the British Columbia Progressive Conservative Association. 
[signature]

H.M. Jones,

Acting Deputy Minister.

Prior to the passing of the recent legislation Indians living off reserves were entitled to vote at federal elections on the same basis as non-Indians, However, those living on reserves could only secure the right to vote if they signed a waiver of the exemption from taxation of their personal property on reserves to which they are entitled under Section 86 of the Indian Act.  In introducing the legislation to give all Indians the right to vote at federal elections on the same basis as non-Indians the Government was influenced by three factors, the first, that the existing law had found little acceptance among the Indians, the second, that it had frequently been described by them as discriminatory, and third, that more and more frequently in recent years Indians and Indian organizations had made known to the Government their desire to receive the federal franchise free from the existing restrictions,

There was no intention that the legislation should in any way affect the treaty or other rights of the Indians nor does it do so. I made this quite plain when announcing this proposed legislation to the House of Commons and I hope it will be helpful to you and to the Indians of your area if I repeat the assurance given at that time, namely, that existing rights and treaties traditional or otherwise possessed by the Indians will not in any way be abrogated or diminished in consequence of their having the right, to vote,

I am concerned that the Indians of your area should understand that far from taking away existing rights from them, Parliament’s intention in passing the legislation was to confer an additional right, on them, the right to vote without restrictions. It would be most helpful if in explaining the matter you would point out that this Legislation does not compel any Indian to vote. It merely extends to him the right to decide whether he will vote or refrain from voting and his rights will not be jeopardized regardless of the course of action he follows.

Memorandum

May 30, 1962
To: Ian Drost
From: J.A. Macaulay,
Chairman,
Minorities Committee

Re: Indian Franchise

We have been advised by Mrs. Maisie Hurley, publisher of the “Native Voice” that she and a great number of her Indian friends harbor a strong suspicion that the amendment to section 14 of the “Canada Elections Act,” which had, inter alia, disqualified Indians from voting, removing this disqualification, has had the effect of destroying the special rights enjoyed by Indians under the “Indian Act.” Mrs. Hurley expresses particular concern over the effect of this amendment of the “Canada Elections Act” on Indians’ rights pertaining to lands forming part of Indian reserves.

The Minorities Committee consulted Mr. Leroy Brown, a geologist, who is noted for his interest in and extensive contacts with the Coastal Bands, on this subject, and also had the opportunity of speaking to Alf Scow, son of the late Chief Joe Scow, the first Indian to achieve professional status (he will be called to the Bar in July). Messrs. Brown and Scow confirmed the fact that there is a widespread fear among the Indian bands that the exercise of the franchise in the Federal Election will somehow destroy the individual Indian’s status under the Indian Act.

The “Canada Elections Act” R.S.C. 1952 chapter 23 provided :

14. (2) “The following persons are disqualified from voting at an election and incapable of being registered as electors and shall not vote nor be so registered, that is to say, (e) every Indian, as defined in the “Indian Act,” ordinarily resident on a reserve, unless,

  1. he was a member of His Majesty’s Forces during World War I or World War II, or was a member of the Canadian Forces who served on active service subsequent to the 9th day of September, 1950, or
  2. he executed a waiver, in a form prescribed by the Minister of Citizenship and Immigration, of exemptions under the “Indian Act” from taxation on and in respect of personal property, and subsequent to the execution of such waiver a writ has issued ordering an election in any electoral district;”

The “Canada Elections Act” was amended in 1960, by chapter 7 of the Statutes of that year, which repealed section 14 (2) (e). In the same year the whole “Elections Act” was repealed and re-enacted by chapter 39 of the 1960 Statutes.

The “Indian Act” R.S.C. 1952 chapter 149 provides:

109. “A person with respect to whom an order for enfranchisement is made under this Act shall, from the date thereof, or from the date of enfranchisement provided for therein, be deemed not to be an Indian within the meaning of this Act or any other statute or law.

110. (1) Upon the issue of an order of enfranchisement, any interest in land and improvement on an Indian reserve of which the enfranchised Indian was in lawful possession or over which he exercised rights of ownership, at the time of his enfranshisement [sic], may be disposed of by him by gift of private sale to the band or another member of the band, but if not so disposed of within thirty days after the date of the order of enfranchisement such land and improvements shall be offered for sale by tender by the superintendent and sold to the highest bidder and the proceeds of such sale paid to him; and if no bid is received and the property remains unsold after six months from the date of such offering, the land, together with improvements, shall revert to the band free from any interest of the enfranchised person therein, subject to the payment, at the discretion of the minister, to the enfranchised Indian, from the funds of the band, of such compensation for permanent improvements as the Minister may determine.

(2) When an order of enfranchisement issues or has issued, the Governor in Council may, with the consent of the council of the band, by order declare that any lands within a reserve of which the enfranchised Indian had formerly been in lawful possession shall cease to be Indian reserve lands.

(3) When an order has been made under subsection (2), the enfranchised Indian is entitled to occupy such lands for a period of ten years from the date of his enfranchisement, and the enfranchised Indian shall pay to the funds of the band, or there shall, out of any money payable to the enfranchised Indian under this Act, be transferred to the funds of the band, such amount per acre for the lands as the Minister considers to be the value of the common interest of the band in the lands.

(4) At the end of the ten-year period referred to in subsection (3) the Minister shall cause a grant of the lands to be made to the enfranchised Indian or to his legal representatives.

The "Indian Act also provides for the enfranchisement in the case of an individual (section 108) or in the case of a band (section lll), by Order-in-Council, upon the application of the individual Indian or band. It is clear that the order of the enfranchisement referred to in section 109 refers to Orders-in-Council made under the provisions of section 108 and 111, affecting named individuals or named bands.
cont . . . . .

- 4 -

Mrs. Hurley and her Indian friends apparently fear that the 1960 amendment to the Canada Elections Act, because it is usually referred to as "enfranchisement of the Indian has the same effect as if an enfranchisement order had been made under sections 108 or section 111 of the "Indian Act, and that the wise course for the Indians to follow is to abstain from exercising this franchise so that they may be in a position to repudiate or deny that they have been enfranchised.

In other words the Indian hopes that "the enfranchisement provided to the Indian under the new "Canada Elections Act will not affect his rights and status as an Indian unless he consumates [sic] the enfranchisement by actually voting. This may not seem logical but we believe that this represents the thinking of many Indians and their leaders, British Columbia Indians seem to fear and distrust the present Provincial Government. One of the bands has recently had an unpleasant experience with the Department of Highways in connection with a Provincial road that crossed Indian reserve lands. We are informed that the Indians fear that the Provincial

Government will avail itself of any excuse to seize Indian reserve lands, with or without any, or any adequate, compensation. These fears about future confiscatory policy in connection with Indian reserve land by the Provincial Government were mentioned both by Mr. Brown and by Mr. Scow.

No mention has been made t o us of any present or immediate fear that the Federal Government will follow a similar confiscatory policy, but we should keep in mind the fact that there has recently been considerable controversy over the sale of timber rights on an Indian reserve under the auspices of the Department of' Citizenship and Immigration. The Reverend Kelly's statements in this connection have probably been communicated to a large number of Indians. This incident may have been sufficient to raise the Indians’ suspicions about the intentions of the Federal Government,

The Minorities Committee recommends that the Prime Minister be asked t o consider making a short and simple statement t o the effect that the amendments t o the “Canada Elections Act” giving the Indian the right to vote in Federa1 elections does not constitute enfranchisement within the meaning of the “Indian Act” and that none of the rights and privileges of the Indian under the “Indian Act” are affected neither by the amendment to the “Canada Elections Act” nor by the act of voting.

It might be pointed out by way of illustration that war veterans have long had the right to vote in Federal elections and that this has not affected their rights and privileges as Indians. It should not be difficult for most Indians t o confirm this by talking to war veterans who are members of their band and who have exercised their right to vote in past Federal elections.

I attach a photostat of a letter provided for our Committee’s use in connection with the above-mentioned problem by the Honourable Ellen L. Fairclough, Minister of Citizenship and Immigration for your information. We have had several requests for these letters and this goes to confirm what have been told by Mrs. Hurley and by Messrs. Brown and Scow.

J.A. Macaulay,

Minorities Committee
Encl .

Native Voice: Official Organ of the Native Brotherhood of B.C. 

Special Edition

Stamped: “Seen by John G. Diefenbaker”

Native Indians Granted Full Citizenship Rights

[photo of Diefenbaker]

Prime Minister John Diefenbaker is the first to fulfill the pledge made to the Native Indian people by the Great White Mother, Queen Victoria, that her ministers would respect and uphold their rights “as long as the sun shines, the grass grows and the waters flow.”

Stamped: “Compliments of Maisie Hurley, publisher”

[picture of totem pole]

The Indian Magna Charta

Prime Minister John G. Diefenbaker is the only statesman to fulfil [sic] the promises of the late beloved Queen Mother Victoria, when she promised the Native Canadians that they would be protected in their aboriginal rights and given guidance by her minsters [sic]. She pledged her minister to carry out this sacred trust, but in a hundred years none has taken it up.

It remained for Canada’s greatest son, John G. Diefenbaker, to implement the great Queen’s assurance. By doing this he has erased the blackest stain on Canada’s escutcheon. This country can now face the world with a clean conscience. This is a voluntary measure without barter or bargaining, or waiver of aboriginal rights.

The considerations underlying the government’s action were clearly stated by Prime Minister Diefenbaker in the course of his speech to the House of Commons on January 19, as reported in Hansard [bold in the original]. He said:

“The other measure, the provision to give Indians the vote, is one of those steps which will have an effect everywhere in the world – for the reason that wherever I went last year on the occasion of my trip to Commonwealth countries, it was brought to my attention that in Canada the original people within our country, excepting for a qualified class, were denied the right to vote. I say that so far as this long overdue measure is concerned, it will remove everywhere in the world any suggestion that color or race places any citizen in our country in a lower category than the other citizens of our country.

“I say this to those of the Indian race that in bringing forward this legislation the Minister of Citizenship and Immigration (Mrs. Fairclough) will reassure, as she has assured to date, that existing rights and treaties, traditional or otherwise, possessed by the Indians shall not in any way be abrogated or diminished in consequence of having the right to vote [bold in the original]. That is one of the things that throughout the years has caused suspicion in the minds of many Indians who have conceived the granting of the franchise as a step in the direction of denying them their ancient rights.”

We Indians, the first in the land and now about to attain full citizenship in our own country, thank you, Mr. Diefenbaker.

Page 2

The Native Voice
Special Edition, 1960
Two Bills that Make History

3rd Session, 24th Parliament, 8 Elizabeth II, 1960
The House of Commons of Canada
Bill C-2

1952-53, c. 41; An Act to amend the Indian Act.
R.S., c. 149; HER MAJESTY, by and with the advice and con-
1956, c. 40; sent of the Senate and House of Commons of
1958, c. 19. Canada, enacts as follows:

Repeal.

1. Subsection (2) of section 86 of the Indian Act is repealed.

Commencement.

2. This Act shall come into force on a day to be fixed by proclamation of the Governor in Council.

Explanatory Notes

  1. Subsection (1) of section 86 of the Indian Act grants Indians exemptions from taxation. Subsection (2) reads as follows:

    “(2) Subsection (1) does not apply to or in respect of the personal property of an Indian who has executed a waiver under the provisions of paragraph (e) of subsection (2) of section 14 of the Canada Elections Act.”

    Under section 14 of the Canada Elections Act Indians are entitled to vote if they execute a waiver of the tax exemptions in the Indian Act. It is proposed by an appropriate amendment to the Canada Elections Act to grant the franchise to Indians without waiving their tax exemptions, if they are otherwise qualified to vote. Subsection (2) of section 86 of the Indian Act will then become obsolete.
  2. The amendment is to come into force on proclamation so that both amendments will take effect at the same time.

3rd Session, 24th Parliament, 8 Elizabeth II, 1960

The House of Commons of Canada

Bill C-3

An Act to amend the Canada Elections Act

R.S., cc. 23, HER MAJESTY, by and with the advice and
306, 334; consent of the Senate and House of Commons
1952-53, c. 24, of Canada, enacts as follows:
s. 7; 1955, c. 44  

Repeal

1. (1) Paragraph (e) of subsection (2) of section 14 of the Canada Elections Act is repealed.
(2) Subsection (4) of section 14 of the said Act is repealed.

Commencement: 
2. This Act shall come into force on a day to be fixed by proclamation of the Governor in Council.
Explanatory Notes

  1. The provisions to be repealed read as follows:
    “(2) The following persons are disqualified from voting at election and incapable of being registered as electors and shall not vote nor be registered, that is to say,

    (e) every Indian, as defined in the Indian Act, ordinarily resident on a reserve, unless,

    (i) he was a member of His Majesty’s Forces during World War I or World War II or was a member of the Canadian Forces who served on active service subsequent to the 9th day of September, 1950, or

    (ii) he executed a waiver, in a form prescribed by the Minister of Citizenship and Immigration, of exemptions under the Indian Act from taxation on and in respect of personal property, and subsequent to the execution of such waiver in writer has issued ordering an election in any electoral district;

    (4) Notwithstanding anything in this Act, a woman is the wife of an Indian, as defined in the Indian Act, who was a member of His Majesty’s Forces during World War I or World War II, or was a member of the Canadian Forces who served on active service, subsequent to the 9th day of September, 1950, is entitled to have her name included in the list of electors prepared for the polling division in which she ordinarily resides and is entitled to vote in such polling division, if such a woman is otherwise qualified as an elector.”

    The purpose of the proposed amendment is to grant the franchise to Indians without restriction if they are qualified as other electors.



2. A consequential amendment to the Indian Act is required. 
The amendment proposed by this Bill is therefore to come into force on proclamation so that both amendments will take effect at the same time. 

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Special Edition, 1960
The Native Voice
Page 3
By Peter R. Kelly
Steps to Equality

Here is the proud record of the Indians’ struggle for their rightful heritage

At the opening of the third session of the 24th Parliament, granting of the federal vote to the Native Indians was included in the Speech from the Throne. And on January 18, Citizenship and Immigration Minister Ellen Fairclough, superintendent general of the Indian Affairs Branch, moved the necessary amendment to the Indian Act giving Indians the right to vote in federal elections free from the restrictions which now exist.

Mrs. Fairclough also introduced another motion to amend the Canada Elections Act. The purpose of this amendment is to grant the franchise to Indians without restriction if they are qualified as other electors, by repealing the present provisions of the Canada Elections Act which bar Indians on reserves with certain exemptions from voting.

Speaking in the House of Commons on January 18, Prime Minister John Diefenbaker said:

“I say this to those of the Indian race, that in bringing forward this legislation the Minister of Citizenship and Immigration (Mrs. Fairclough) will reassure, as she has assured to date, that existing rights and treaties, traditional or otherwise, possessed by the Indians shall not in any way be abrogated or diminished in consequence of having the right to vote. That is one of the things that throughout the years has caused suspicion in the minds of many Indians who have conceived the granting of the franchise as a step in the direction of denying them their ancient rights.”

Now I quote from the brief the Native Brotherhood of British Columbia presented to the Joint Committee of the Senate and the House of Commons on Indian Affairs, July 2 and 3, as reported in Hansard:

“Dr Kelly: The Indians of British Columbia feel very strongly that they should have the federal vote on the same basis on which the provincial vote was granted them. Before this vote was granted to them, there was a fear in the minds of a good many of them that somehow the exercising of that franchise would jeopardize their status as Indians. By experience, they have learned that it has enhanced their position in the province, and they are now grateful for the day when this was made possible for them.

“On the same basis, there are many Indians throughout the country who have raised their voices against the federal vote. They think that the extension of the federal vote would weaken their position in retaining their aboriginal rights and possessions. But careful consideration of the whole situation makes the executive committee of the Native Brotherhood of British Columbia, as well as the whole rank and file of the membership, feel that the British Columbia vote gave them a new appreciation of their position in the province, and that the federal vote would be equally beneficial.”

What was respectfully requested in the brief submitted by the Native Brotherhood of British Columbia is now granted by parliament. So the right to vote in federal elections is now ours. The right to vote in provincial elections has already been ours for over ten years.

These rights have been granted our people after 100 years of being neglected. Before the right to vote had been granted, we had to fight for it. Unless we want something and fight for it, we would wait in vain for it. We had to raise our voice for the provincial vote before we enjoyed the right of saying who would represent us in the legislature, and now we have the right to say who will represent us in parliament.

We cannot now say, “Taxation without representation.” We must exercise our right to say who shall represent us in Ottawa.

The next step is to train men of the caliber to stand among the worthy lawmakers of the country. The way to the highest position in the country is now open to us.

The place at the top is open to persons of training, stability, unselfishness and brotherly spirit.

Are we of that calibre? If we are conscious of our inability to measure up to that standard, let us start from scratch and step by step prepare for it. The way to the peak is exacting and demands sacrifice. It is difficult but it can be done.

The door to better education is now open to us. Let us not be satisfied with what is good enough! Let us seek the best that is in sight.

The public schools are now open to the Indian children in British Columbia. Ten years ago it was not so. The children now sit in the same class room with the children of the rest of the Canadians.

When these children awake to the truth that they are equal in mentality to the others they shall see when as they grow that they can face up to the work as true and loyal citizens. Education and spiritual advancement offers a gleam of light in the future.

During the last twenty years more benefits have been realized by the Indians than in all the past centuries in the history of Canada.

Briefly outlined, this is the record of the organized efforts made by the British Columbia Indians to obtain their rights:

In March 1911, a delegation numbering over 100, consisting of chiefs and leaders from all parts of British Columbia, with strong representation from the Interior Tribes as well as the Coastal Tribes, met the provincial government of Premier Sir Richard McBride.

Peter R. Kelly, then a young man, read the memorial presented to the government and also spoke in support of it. The Indians claimed that their title was to the lands of British Columbia was still valid; the provincial government denied this. Since that day the provincial government has not altered its position.

A delegation of the Nishgas and the Interior Indians met the federal cabinet in 1916. This delegation was told that because it did not represent the whole of British Columbia nothing could be done.

In 1920 a delegation representing the Allied Indian Tribes of British Columbia went to Ottawa and petitioned parliament against compulsory enfranchisement. This petition resulted in the appointment of a Parliamentary Committee from the (Continued on Page 21).

‘A Wonderful Victory’

“Granting of the federal vote to Native Indians is indeed a wonderful victory. Today we have cause to be proud of the great fight the Native Brotherhood of British Columbia has conducted over the years. And we should humbly give thanks to God for sustaining us in our struggle to win better conditions and equality of citizenship and education for the Native people.

After years of “wardship,” years of hardship and suffering caused by the neglect and indifference of white governments to those who were first in the land, Native Indians at last stand as full citizens.

I am proud of my people, proud of what the Native Brotherhood has accomplished and confident that out of their splendid heritage the Native Indians will make an ever greater contribution to the progress of their country. -Robert Clifton, president, Native Brotherhood of British Columbia”

Page 4 
The  Native Voice
Special Edition, 1960
Native Indians Need Have No Fear of Losing Status or Rights by Vote

-Hon. Ellen Fairclough

There are some Indians who fear that granting the right to vote may mean loss of Indian status, treaty or other rights. I can appreciate their fears and I am glad to say they are entirely groundless. The proposed legislation simply extends to Indians the right to vote free from the present restrictions. There was never any intention, nor will the legislation deprive Indians of their status as Indians, or affect their treaty or other rights in any way.

This assurance was given to parliament by the Prime Minister and I am glad to repeat it here. The Indians will have the right to vote on an equal basis with other citizens irrespective of whether they reside on or off a reserve. It will be up to them of their own free choice to decide whether they wish to vote or not, but in any event their rights will not be jeopardized as a consequence.

As to what is known as the McKenna-McBride Agreement of 1912 which provided for the appointment of a Royal Commission to deal with land matters and for the conveyance of Indian reserves to the Dominion, subject to a reversionary interest of the province in the land in the event an Indian band becomes extinct at some future date, the granting of the right to vote will not, of course, affect the Agreement or the status of the reserves as they exist at the present time.

Hon. Ellen L. Fairclough, Minister of Citizenship of Immigration.

Dean Finlayson

The Conservative Party of British Columbia rejoices with the Native Indians in achieving the right to vote in federal elections.

Credit for this must go to those who, over the years, have spoken out, demanding full citizenship status for the Indian. Among the voices heard was that of John Diefenbaker; the Prime Minister has kept his promise to give the Native Indian a voice in the affairs of his own country.

Here in British Columbia, the Conservative Party pledges to support the Indians in their legitimate and reasonable aims. We assure them that, under a Conservative government in British Columbia, they will enjoy the same rights and privileges as other citizens.

Deane D. Finlayson

Leader, Conservative Party of British Columbia

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Congratulations on a Fine Victory

[logo: UFAWU]

The United Fisherman and Allied Workers Union stands with the Native Brotherhood of B.C. in its fight for full equality with other Canadians and retention of all Native aboriginal rights. Winning the Federal vote represents a key victory in that battle. We join the Native Brotherhood in rejoicing over this achievement and pledge continued support in future struggles. We oppose any chiseling on reserve lands and favor control and operation of Indian reserves by the Indians themselves.

This applies not only in the legislative field but in all areas of life where Natives are involved. Unity in the fishing industry is vital to the economic welfare of both Indians and other Canadians who work side by side for the same employers. Unity of all fishermen and shoreworkers can spell real progress in the B.C. fishing industry.

H. Steve Stavenes, president

T. Buck Suzuki, vice president

Jack Cook, vice president

Homer Stevens, secretary-treasurer

Alex Gordon, business agent

United Fisherman and Allied Workers Union

138 East Cordova Street Vancouver, B.C.

1960

In this Jubilee Year of Prince Rupert’s life as an incorporated City, it is a pleasure to extend our congratulations to our Native friends, and particularly to. . . 
The Native Brotherhood of British Columbia

Upon the attainment of full voting rights in Canada.

Prince Rupert realizes and appreciates the large part played by our Native citizens in the life and economy of our City. We extend to them our hearty congratulations and a warm welcome into full Canadian citizenship.

City of Prince Rupert

P.J. Lester, Mayor

R.W. Long, City Clerk

419 West 3rd Street,

North Vancouver, B.C.,
February 24, 1961.
Right Honourable John G. Diefenbaker

Dear Honourable Sir:

In your letter of the 5th of November, you state the Federal vote does not effect the treaty right of the Indians.

The Indians in British Columbia have no treaty, and we will not vote as things stand here in British Columbia.

The Indians feel that there is a well organized effort to justify the laws which will, without pain, wipe out the Indian treaties and aboriginal rights.

To the Indian there is no other way ofllooking [sic] at it according to an Indian patriarch. If the Indian wants to vote in the Federal elections, he must surrender his inherit rights to exemption of income on money he earns on the Indian Reserves. [Diefenbaker’s handwriting: "?"]

In the year 1920, the Parliament of Canada, by a bill, adopted a report of the Royal Commission of Indian Affairs in British Columbia, in which it was stipulated that the British Columbia Government could adopt a report by an Order-in-Council provided it was in keeping with the report of the Royal Commission. The Order-in-Council 1036 contravenes the report of the Royal Commission should be examined by a Royal Commission or a Judicial tribuanal [sic].

I’ll quote in part of Order-in-Council:

“Subject to the condition in the event of any Indian tribe or band in British Columbia at some future time becoming extinct the land would revert to the provincial and become provincial land.”

And a month ago the British Columbia Court of Appeal decision was given on a North Vancouver Indian who was in possession of a case of beer:

“That the Bill of Rights does not void the Indian Act and it mentions that it does not void according to Honourable Minister Ellen Fairclough.” Order-in-Council 1036.”

[Diefenbaker’s handwriting: “?”]

What we British Columbia Indians want to know, Sir, is will we become extinct Indians or tribes or bands by voting in the federal elections. [Diefenbaker’s handwriting: “No.”]

Respectfully yours,

Percy A. Paull [signature]

Percy A. Paull

Oromocto Indian Reservation, 

Oromocto, N. B.,
February 26, 1960
Right Honourable John Diefenbaker,
Prime Minister of Canada,
House of Commons,
Ottawa, Ontario

Dear Mr. Prime Minister:

I wish you to know that the Band of Indians of which I am the Chief is not in favour of any amendment to the Elections Act giving Indians the franchise in Federal elections, and on behalf of the Band and for myself I hereby request the Government to reconsider its plans to amend the law.

You are aware that the rights of Indians are established by Treaty and we do not wish in any way to interfere in the choice of Government of the Country.

According to statements attributed to your Government the only reason the Indians are being given the vote is so that certain other governments abroad cannot say some of the residents of Canada are deprived of voting powers. Surely this country's representatives abroad can explain to other governments the status of Indians in this country and the derivation of their rights through Treaty.

I am surprised that a Government would seek to alter in any way the status of Indians without first ascertaining whether the Indians themselves concurred and I therefore request of you that the proposed Government legislation be withheld as long as the Indians are opposed to it. I know that you will wish to have regard for the rights of the minority.

Will you please advise me of your Government's intention so that I may advise the members of my Band.

I am sending a copy of this letter to the Leader of the Opposition, Right Honourable L. B. Pearson, and to Mr. Hazen Argue, House Leader of the C.C.F.Party.

Respectfully,

[signature]

John Sacobie,

Chief, Band No. 26 of the Maliseet Indians

cc: Rt. Hon. L.B. Pearson
Mr. Hazen Argue