[3] Starting in the 1830s, the British had introduced policies promoting the "civilizing" of Indians living in Canada, placing them on protected reserves where they were taught European skills, values, and religion.
[3] The act's policies of enfranchisement and individual allotment of land by the colonial government impeded on the Indian tribal councils' right to self-governance.
[8] Imperial Britain's first policies concerning American Indian lands and rights emerged in the mid-18th century, in response to the need for military allies against France and its competing colonial interests in North America.
[10] The loss of this strategic ally posed a significant threat to Britain's military position in North America, becoming a major concern with the outbreak of the French and Indian War in 1754.
[4] Britain's eventual victory resulted in its acquisition of the vast majority of France's North American territory under the Treaty of Paris (1763).
[3][4][7] Driven by Protestant sects in the colonies and Britain, a growing ideological movement emphasised the government's responsibility to 'civilise' the Indians, which would entail both their conversion to Christianity and their adoption of European cultural and societal values.
[7][5][13] This objective was entrenched in law with the passing of the Gradual Civilization Act in 1857, establishing a legal process through which reserve Indians could become enfranchised and receive an individual allotment of land.
[1][3][4] Whereas it is desirable to encourage the progress of Civilization among the Indian Tribes in this Province, and the gradual removal of all legal distinctions between them and Her Majesty's other Canadian Subjects, and to facilitate the acquisition of property and of the rights accompanying it, by such Individual Members of the said Tribes as shall be found to desire such encouragement...Sections 1 and 2 of the act provided a legal definition of an 'Indian', and declared that this status would be removed upon enfranchisement.
[1] Only men over the age of 21 could apply - they would then be examined by a Committee composed of their tribe's Superintendent (an Indian Department official), a missionary, and another appointed non-Indian.
[1] The commissioners were instructed to approve applicants that were literate in English or French, "sufficiently" educated, "of good moral character", and debt-free.
[1] If a Committee deemed such a man to be "of sober and industrious habits", "sufficiently intelligent", and free of debt, he would be placed on a three-year probation.
[3][7] Kirkby claims this "reflected Victorian discourses of masculinity as a natural patriarchy", with women being treated as "dependents" by the colonial government.
[7][5] The Council argued that it was a "loyal ally and... peer of the British Crown", and any laws detracting from their legal autonomy broke this "sacred alliance".
[7][15] A committee consisting of an Indian Department superintendent, a missionary, and a local businessman approved only one of these applicants, Elias Hill, after he successfully recited the catechism and the names of the world's seven continents - a "civilization test... invented on the spot".
[5] The Confederacy Council refused to acknowledge his enfranchisement for three decades, eventually granting him a cash payment in place of the reserve lands promised by the act.
[3][4][13] Department officials and missionaries blamed the failure of the act (with only one successful enfranchisement) on the resistance of tribal councils, and mounted a political campaign against Indian self-governance in the 1860s.
[3][5] The Gradual Enfranchisement Act expanded on this precedent, giving the Canadian government the power to veto any and all legal decisions made by tribal councils.