Pass system (Canadian history)

Prior to the Pass System being implemented in Canada, some key events and issues led the Canadian Government to follow this policy of issuing passes and permits to First Nations members who were seeking to leave their reserve. The four primary factors were the settlement of the Prairie provinces, the building of the railway to the West, the North-West Rebellion, and the perceived competition between white settlers and Indian farmers and ranchers. Both Government bureaucrats and politicians felt that in order for the West to be settled it was necessary to restrict the movement of its indigenous peoples. First Nations members would be affected by this policy of restricting their movement for 50–60 years. The policy's effects included the inability to conduct trade and commerce, not being able to attend cultural and social gatherings with neighboring Reserves, and isolation from Canadian society. The Federal Government, settlers, and industry leaders felt that it was necessary to implement the Pass and Permit System. The Federal Government felt the need to ensure safe passage for new settlers and immigrants who were coming West. For Industry leaders, there was concern about the image First Nations members had on communities around the Reserves. Finally, both the bison herds and the migrations of indigenous peoples posed a problem for the builders of railways.

Even prior to Confederation, settlement of the West became very important to Canadian leaders. On 11 July 1856 Sir John A. Macdonald wrote to the Provincial Secretary in Toronto in a letter stating in part, "2nd As to the mode of managing the Indian property so as to secure its full benefit to the Indians without impeding the settlement of the country".[4] Here in the letter there is indication that the settlement of the country is of greater importance than the interests of First Nations peoples. In August 1885 Macdonald began talking about the Pass System for First Nations members. This came about because of the North-West Rebellion. He told Lawrence Vankoughnet, the Deputy Superintendent General of Indian Affairs, "As to the disloyal bands this [Pass System] should be carried out in consequence of their disloyalty. The system should be introduced in the loyal Bands as well and the advantage of the change pressed upon them. But no punishment for breaking bounds could be inflicted and in case of resistance on the grounds of Treaty right should not be insisted upon". He said this because he was exasperated by the North-West Rebellion. It should also be noted that Macdonald was aware that the measure not only violated Treaty but he did give Treaty deference when dealing with the policy of the Pass System.[5] Another reason Macdonald may have taken into consideration is that the Pass System could not pass the test of Treaty rights, the only way the policy could be accomplished was through the powers that Indian agents had over First Nations members. Indian agents had similar powers as police when it came to things like what was deemed for public safety.

The North-West Rebellion brought security concerns for the Canadian Government. The Rebellion started on March 18, 1885. Louis Riel, the Metis leader, seized the Indian agent and other officials. The Rebellion was because of outstanding grievances Riel had with the Canadian government. The Indians joined the rebellion because in 1884 the Federal Government had stopped or banned the sale or giving of ammunition and ball cartridges to First Nations members in the Manitoba and Northwest Territories, even though this was contrary to treaty agreements. There were fears that Indians would start attacking and killing settlers on the Prairies. Hayter Reed, the Indian agent for the Saskatchewan region, asked Prime Minister John A. Macdonald to restrict the movement of Indians. He stressed to the Prime Minister that the security and well-being of the country and the white settlers was at risk. On March 26, 1885, the Superintendent of the North West Mounted Police attempted to seize what he considered an important supply point. As a result of this confrontation in the Rebellion, 12 men of the NWMP were dead and 11 were wounded. Five Metis and 1 Cree were also killed in the battle.[6] Though Riel would be tried, found guilty of insurrection, and eventually hanged, the incident created fear among the white settlers and government officials. In the minds of government officials Indians had to be contained, even for the good of the Indians themselves.

It was prior to the North-West Rebellion that Edgar Dewdney came to be Commissioner of Indian Affairs. He served from 1879 to 1888 in the post as Commissioner. After David Laird resigned in 1879, Macdonald approached Dewdney and offered him the position of Superintendent of Indian Affairs. Dewdney did not like the idea of leaving his post as MP, but he found it difficult to refuse the Prime Minister's offer. After all the Prime Minister told him he was just the person he was looking for. Those characteristics were "firmness and tact, mature judgement and experience, and "knowledge of the Indian character" for the job".[7] During his visit to the Treaty 4 and Treaty 6 he observed that the First Nations people had done a decent job of producing crops but he noticed they were working with inferior or substandard equipment. Even the rations Indians were getting Dewdney complained as being not enough. But Dewdney in his official undertaking as Commissioner met with many Chiefs to try and rectify the concerns First Nations peoples had with the way treaty entitlements and obligations were being met. Dewdney's goal had been to get Indians onto reserves. Along with many of his administrative duties, he hired Hayter Reed as his Assistant Commissioner.[8]

In July 1885, Dewdney asked Reed to draft policies that would help in restricting and confining Indians. This proposed implementation of policy of managing Indians was the result of the North-West Rebellion. At issue was the need to punish those Indians who been disloyal to the Crown. Even as the Assistant Commissioner, Reed had always thought it was necessary to deal with the Indians with harsh measures. The report was sent by Dewdney on August 1, 1885, and Macdonald and Deputy Superintendent General of Indian Affairs Vankoughnet[9] made revisions and refinements to it. This is where the Pass System would emerge. The policy that emerged was never part of law. Vankoughnet went on to remark, "The status of the Indians in Canada is that of a minor with the Government as the guardian" and in the book it says that "[h]is remarks represent the quintessential statement of federal government policy in the early period, 1873-1912".[10]

In 1888 Dewdney resigned as the governor of the North-West Territories and as the Commissioner of Indian Affairs. Dewdney recommended that Reed be appointed as the new Commissioner. From the very start of his administration Reed delivered the department's policy of "protection, civilization, and assimilation". He stated that' "If the Indian is to become a source of profit to the country, it is clear that he must be amalgamated with the white population".[11] After he became Commissioner, the North West Mounted Police would object to the returning of First Nations members who did not possess a pass or permit back to Reserves. Commissioner Lawrence William Herchmer, North-West Mounted Police ordered members of the Force to stop this practice as it was not entrenched in law. However, Reed overruled Herchmer and wrote a letter to him on June 15, 1893. In the letter Reed states, "I beg to inform you that there has never been any legal authority for compelling Indians who leave their Reserve to return to them, but it has always been felt that it would be a great mistake for this matter to stand too strictly in the letter of the law".[12]

However, the greatest impact for the policy for restricting movement for First Nations people would be the incoming Liberal Government of Wilfrid Laurier in 1886. Laurier put in place Clifford Sifton as Minister of the Interior. From that point on the settlement of the West took a turning point. During this time the world was experiencing a surge in the economy and this gave Sifton greater reason to bring Canadian and American farmers to the Prairies. He felt that these farmers were best suited and more desirable as the new settlers. Europeans he felt were not suitable because they did not like the hard work and they were likely to give up on farming.[13] Further, Sifton had little simply for First Nations as he made plans to settle the West. Sifton "left Indian policy in the hands of an "Indians Affairs" bureaucracy with little sympathy for the aspirations of First Nations".[14] The major concern for Sifton was the settlement of the West. The Laurier Government and Cabinet told Sifton that a railroad to the West was not possible. The Liberal Government of the day told him "No money, no Railways, no settlement of the West". Sifton saw that the only way the settlement of West was possible was through the building of the railway. He knew that the construction of the rail system had to be paid by the Canadian government. But the Liberal government said this was not possible, they had accepted the railway was out of the question. But Sifton would not give up and he saw his chance when the Americans said they would attempt to build a railroad into British Columbia. With the Liberals not wanting the Americans to come into B.C. the government agreed to build a railroad through the Crow's Nest Pass.[15]

The Pass System brought many difficult experiences for First Nations. Even though Commissioner Herchmer had been willing to follow the policy when it came to returning First Nations people back to the reserves, other officials were strict in applying the pass system policy. People who did not possess a pass or permit were charged under the Vagrancy Act. However, many officers knew that the First Nations members were not able to pursue legal matters in court.[16] The North West Mounted Police Superintendent McIlree in Calgary had his officers return people from Sarcee (Tsuu T'ina) back to the reserve, whether or not they had a pass.

As First Nations members were moved to the reserves, many of them became successful farmers and ranchers. The North West Mounted Police preferred to buy hay from Treaty Seven ranchers as it was considered superior feed for NWMP horses. However, non-indigenous farmers and ranchers believed that First Nations farmers were being given handouts, which was seen as unfair competition. This became one of the reasons First Nations were required to have the pass system imposed on them.[17]

The pass system affected hunting, commerce, and cultural ceremonies. First Nations members visiting other reserves were required to obtain a pass from the Indian agent, regardless of the proximity of the reserves to each other. Cecile Many Guns from Brocket, Alberta in 1973 told of two men visiting from another nearby reserve without a permit. The police retrieved them and forced them to sleep on a stone floor for the night. The next day, the two men were returned to where they came from. She indicated in her interview with Dila Provost and Albert Yellowhorn that incidents detailing the lack of dignity shown to Indians were viewed with suspicion among white people.[18] Victoria McHugh recalls that even going from Siksika to Tsuu T'ina people were only allowed a maximum of 5 days to visit and return to Siksika. Bill McLean mentioned that the missionaries with the help of the NWMP and government officials tried to stop the Sun Dance and condemn the ceremony. Sun Dances previously allowed First Nations from various groups to travel from community to community. The pass system did not allow for this inter-community travel. Elva Lefthand said that hunting became more restrictive under the pass system.[19] In Treaty 6 John Tootoosis talked about speaking for a group of First Nations farmers who had given in the 1920s and quoting another activist, Reverend Edward Ahenakew, "for myself I would rather starve than go beg for such a trifling thing as a permit to sell one load of hay."[20]

Those who were considered sympathetic were overruled by either their tribal superiors or the government. Commissioner of Indian Affairs Hayter Reed overruled Commissioner of NWMP Herchmer. Liberal Government of Wilfrid Laurier criticized Commissioner Dewdney as the cause of the unrest among the First Nations which in turn caused the North-West Rebellion. Dewdney was accused of being too generous to the Natives because he increased rations and met with various groups to inquire about the treatment First Nation peoples were getting from government officials. There is some suggestion that the indigenous groups took advantage of the situation by asking for more supplies.[21] In the 1890s First Nation farmers protested the new policy (the pass system) and many Indian agents and farmer instructors sided with them. As a result, they were fired for their efforts to bring to light that First Nations were being required to get a permit to sell grain and other farm products. The First Nations people said that the pass system would be enforced until the 1950s.[22]

In an article in the Toronto Star, Joanna Smith brought the obscurity of the pass system to light. According to Smith, "The federal government said that some records of the pass system—the apartheid-like policy that forbade First Nations from leaving their reserves without written permission—were destroyed before anyone knew of their historical value".[23] Even among First Nations and Canadian society today very little is known about the pass system and the policies surrounding its implementation.

• Pass laws