A New Confederation: Why Joining the USA Could Save Canadian Indians

Breaking the Chains of Confederation

Since its inception, Canada has cloaked itself in the guise of a benevolent nation that prides itself on multiculturalism and human rights. Yet, for Indigenous peoples, this rhetoric rings hollow. From the signing of the first treaties to the present day, Canada's history is marked by systemic betrayal, a lack of accountability, and policies that perpetuate colonial control. Joining the United States represents a strategic departure from this unbroken cycle of exploitation, offering Canadian Indigenous nations a fresh opportunity to assert sovereignty and economic independence.

The Broken Treaties: Promises Made, Promises Broken

The story of Canada’s treaty-making process with Indigenous nations is one of deception. Treaties, often portrayed as mutually beneficial agreements, were tools of dispossession. The Crown's representatives consistently approached negotiations with a predetermined agenda: to acquire vast swaths of land while offering vague assurances of protection and partnership.

For example, the Numbered Treaties (1871–1921) were framed as agreements to share the land and resources. Indigenous leaders entered negotiations in good faith, believing they were securing their peoples' future. Instead, the government undermined the treaties almost immediately. Promises of education, healthcare, and economic support were scarcely fulfilled, if at all. The so-called "land-sharing" agreements became outright land grabs, with Indigenous nations confined to underfunded reserves while settlers reaped the benefits of fertile land and natural resources.

Contrast this with the United States, where treaties—though far from perfect—carry constitutional weight. American tribes possess legal recourse through federal courts, which have upheld the sovereign rights of Indigenous nations in landmark decisions. Cases such as Cherokee Nation v. Georgia (1831) and McGirt v. Oklahoma (2020) demonstrate the American judiciary's willingness to affirm treaty obligations, even when politically inconvenient.

Residential Schools: A Policy of Cultural Eradication

One of Canada’s darkest stains is its residential school system, an explicit attempt to erase Indigenous cultures. For over a century, Indigenous children were forcibly removed from their families and placed in institutions designed to "kill the Indian in the child." The Truth and Reconciliation Commission (TRC) documented the abuse, neglect, and trauma that occurred within these schools, yet the government has failed to fully address the damage.

While the United States also grappled with assimilationist policies, it has made significant strides toward recognizing tribal sovereignty and cultural preservation. The Indian Child Welfare Act (1978), for instance, was designed to prevent the removal of Indigenous children from their families and communities. Canada, in contrast, continues to struggle with high rates of Indigenous child apprehension under provincial and federal child welfare systems, perpetuating the intergenerational harm initiated by residential schools.

Economic Exploitation: Resources Without Benefits

Indigenous nations in Canada are often relegated to poverty despite residing on resource-rich lands. Canada’s approach to resource extraction epitomizes the colonial mindset. Whether it’s oil, gas, minerals, or timber, Indigenous lands have been exploited for national profit while the communities themselves receive little to no benefit.

A glaring example is the James Bay Agreement of 1975, often heralded as a landmark deal for Indigenous rights. In reality, it showcased Canada’s pattern of coercion and dismissal of Indigenous concerns. Quebec reaped the benefits of hydroelectric projects while the Cree and Inuit communities struggled with environmental destruction and inadequate compensation. In the U.S., tribal nations like the Navajo and Cherokee have negotiated resource agreements that include revenue sharing and environmental protections—arrangements that, while not flawless, far surpass the Canadian model.

The Indian Act: A Tool of Subjugation

Canada’s Indian Act, established in 1876, is the ultimate symbol of colonial control. Under this legislation, the government assumed paternalistic authority over every aspect of Indigenous life, from land ownership to governance. This outdated framework persists, creating barriers to self-determination and economic development. Indigenous leaders are forced to navigate a bureaucratic maze controlled by Ottawa, stifling innovation and perpetuating dependency.

The U.S. offers a stark contrast. While federal policies have their flaws, they provide mechanisms for Indigenous nations to exercise self-governance. Through tribal constitutions and compacts, U.S. tribes have reclaimed control over education, law enforcement, and economic development. The Indian Gaming Regulatory Act (1988), for example, has enabled tribes to generate billions in revenue, funding healthcare, housing, and education initiatives on their own terms. Canada’s system, shackled by the Indian Act, offers no such opportunities.

A Way Out: The American Option

The failures of Canada’s treaty system, its oppressive Indian Act, and its economic exploitation of Indigenous lands leave little hope for meaningful change within the current framework. Joining the United States offers a pathway to sovereignty and prosperity. American tribes, despite enduring their own history of colonization, have achieved levels of autonomy that Canadian Indigenous nations can only dream of under the current system.

This is not about trading one colonial master for another; it is about leveraging the federalist structure of the United States to carve out a place of true sovereignty. In the U.S., tribal nations are recognized as "domestic dependent nations," a status that has allowed them to negotiate directly with state and federal governments. Imagine what Canadian Indigenous nations could achieve if freed from the yoke of the Indian Act and empowered to engage in economic and political partnerships as equals.

Canada’s historic failure to honour treaties and respect Indigenous sovereignty is not just a relic of the past—it is an ongoing injustice. Indigenous nations have a rare opportunity to rewrite their future by considering a strategic realignment with the United States. By doing so, they can shed the constraints of the Indian Act, reclaim control over their lands and resources, and achieve a level of sovereignty that Canada has systematically denied them for over a century. The time for bold action is now.

The Oppressive Legacy of the Indian Act and Its Role in Maintaining Systemic Inequality

The Indian Act, first enacted in 1876, stands as one of the most glaring examples of institutionalized oppression in Canadian history. It was not designed to promote equality, opportunity, or respect for Indigenous sovereignty but to serve as a legislative tool for assimilation, control, and erasure. For nearly 150 years, this Act has entrenched systemic inequality, stifled economic development, and maintained Indigenous peoples as wards of the state. The Indian Act is not a relic of the past but an active mechanism of colonial dominance, and its continued existence is a key argument for seeking alternative frameworks—such as the federal structure of the United States.

The Indian Act was born from a colonial mindset that viewed Indigenous peoples as obstacles to the expansion of settler society. Its primary aim was to assimilate Indigenous nations into European-Canadian culture by erasing their distinct identities, traditions, and governance systems. This was not a partnership; it was a coercive and paternalistic framework designed to manage Indigenous populations like a problem to be solved.

Key provisions of the Act included:

• The denial of self-governance: Indigenous nations were stripped of their political systems and forced under the control of federally appointed Indian Agents.

• The control of land and resources: Reserves were created, fragmenting traditional territories and restricting Indigenous peoples to small, often resource-poor plots of land. Reserve land remains collectively owned under Crown title, denying communities the ability to leverage their land for economic development.

• The imposition of cultural suppression: Practices such as the potlatch and other ceremonies were outlawed, and Indigenous languages and traditions were systematically targeted for eradication.

This legacy of control established the foundation for systemic inequality, embedding barriers that persist to this day.

The Indian Act has been instrumental in creating and maintaining economic disparity. By controlling land use and denying Indigenous peoples the ability to hold private property, the Act has trapped many communities in a cycle of poverty. On reserves, economic opportunities are often scarce, as businesses and investments are stifled by restrictive regulations that require federal approval for even basic transactions.

In contrast, Indigenous nations in the United States operate under a more decentralized system that allows for economic autonomy. Tribal nations can own land outright, enter into resource agreements, and engage in industries like gaming and energy production without the same level of federal interference. For example, the Seminole Tribe of Florida has built a billion-dollar enterprise through its ownership of the Hard Rock International brand. No such opportunities exist under Canada’s restrictive system.

The paternalistic structure of the Indian Act has perpetuated social inequality by treating Indigenous peoples as wards of the state. This legal designation infantilizes entire nations, denying them the right to make decisions about their own governance, land use, and economic futures. Federal oversight has resulted in chronic underfunding for education, healthcare, and infrastructure on reserves, leaving many communities without basic necessities such as clean drinking water.

This dependence is not by accident; it is by design. The Indian Act was never intended to empower Indigenous peoples but to keep them reliant on the federal government. The Act’s provisions ensured that even those who sought to escape this cycle—by gaining higher education or seeking work off-reserve—risked losing their legal status as "Indians," further weakening collective power and identity.

Over the years, there have been calls to reform or repeal the Indian Act, but such efforts have largely been superficial. Governments have tinkered with its provisions while leaving its core oppressive structure intact. The 1969 White Paper, for instance, proposed the abolition of the Indian Act but sought to replace it with policies that would eliminate Indigenous legal distinctiveness altogether—a thinly veiled attempt at forced assimilation. Indigenous leaders rejected this approach, recognizing it as yet another attempt to erase their sovereignty.

Even recent reforms, such as the recognition of self-government agreements, remain constrained by the overarching framework of the Indian Act. These piecemeal changes do little to address the systemic issues of poverty, lack of sovereignty, and cultural suppression.

The Indian Act persists because it serves the interests of the Canadian state. It centralizes control, facilitates resource extraction from Indigenous lands, and maintains the illusion of benevolence while perpetuating systemic inequality. The Act allows the government to dictate terms, offering just enough concessions to quell dissent without addressing the underlying colonial framework.

In the United States, tribal nations are recognized as "domestic dependent nations" with the ability to negotiate their own terms of governance and development. While the U.S. federal system is not without its flaws, it offers significantly more autonomy than the Indian Act allows. Through mechanisms such as the Indian Self-Determination and Education Assistance Act (1975), American tribes have gained control over education, healthcare, and law enforcement. The ability to operate casinos, develop energy projects, and manage natural resources has empowered many tribes to achieve economic independence.

The Indian Act is a symbol of Canada’s failure to respect Indigenous sovereignty and a primary driver of systemic inequality. It has entrenched dependency, suppressed economic development, and denied Indigenous nations the right to self-determination. Reform within the Canadian system is a dead-end; the only way to achieve true sovereignty and equality is to break free from this oppressive framework altogether.

By exploring alignment with the United States, Indigenous nations in Canada can leverage a system that recognizes tribal sovereignty and offers greater economic and political opportunities. The time has come to end the legacy of the Indian Act and embrace a future where Indigenous nations can thrive on their own terms.

Why Now Is the Perfect Time for Indigenous Nations to Leverage Their Position and Push for a Transformative Alliance with the United States

The current socio-political climate presents a rare and powerful opportunity for Indigenous nations in Canada to break free from the systemic constraints imposed by the Canadian government. As Canada grapples with mounting economic instability, political dysfunction, and social division, Indigenous nations have an unprecedented chance to assert their sovereignty and pursue transformative change. Aligning with the United States, a nation with a proven framework for tribal self-governance and economic autonomy, is not just a bold idea—it is a pragmatic and strategic move. The time for Indigenous nations to seize this moment and push for a new alliance has never been more ripe.

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Canada’s Political and Economic Instability: A Weakening Foundation

Canada is facing a convergence of crises that expose the fragility of its political and economic systems. Federal mismanagement, rising national debt, inflation, and an increasingly centralized government are eroding public confidence and stoking discontent across the country. Indigenous nations, disproportionately affected by these failures, have little to gain from remaining tethered to a sinking ship.

• Economic Decline: Canada’s resource-based economy is in jeopardy due to overregulation, environmental policies that stifle development, and a lack of innovation in key industries. Indigenous communities, often located near resource-rich areas, are unable to capitalize on their land’s potential due to the restrictive Indian Act.

• Erosion of Democracy: Growing authoritarian tendencies, such as censorship, surveillance, and the suppression of dissent, highlight the Canadian government’s disregard for its own citizens, let alone Indigenous nations. The ability of Indigenous peoples to negotiate on equal footing with Ottawa is increasingly unlikely in this environment.

In contrast, the United States offers a decentralized political system where tribal nations can operate with greater autonomy. By leveraging this moment of Canadian decline, Indigenous nations can position themselves as strategic partners to the U.S., presenting a win-win scenario: sovereignty for Indigenous peoples and expanded influence and resources for the United States.

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Global Spotlight on Indigenous Rights and Sovereignty

The international community is increasingly focused on Indigenous rights, driven by movements like the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP). While Canada has publicly committed to implementing UNDRIP, its actions tell a different story. The Indian Act remains in place, land claims remain unresolved, and resource exploitation continues unabated.

This global attention provides Indigenous nations with leverage. By aligning with the U.S., Indigenous leaders can pressure Canada to fulfill its obligations or risk international condemnation. The United States, eager to expand its influence and improve its own record on Indigenous issues, could seize this moment to welcome Canadian Indigenous nations into its federal framework, demonstrating a commitment to reconciliation and sovereignty.

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Political Turbulence in the United States: A Strategic Opening

While the U.S. is not without its challenges, its political turbulence creates opportunities for Indigenous nations to negotiate favorable terms. With growing divisions between federal and state governments, tribal nations have successfully leveraged their unique position to secure economic and political concessions.

For example:

• Tribal gaming revenues have transformed many Indigenous communities in the U.S. into economic powerhouses, funding healthcare, education, and infrastructure.

• Recent legal victories, such as McGirt v. Oklahoma (2020), reaffirmed tribal sovereignty and set a precedent for Indigenous nations to reclaim jurisdiction over their lands.

Canadian Indigenous nations could strategically align with U.S. lawmakers seeking to expand tribal rights and autonomy, creating partnerships that bypass the dysfunction of the Canadian government. This is a chance to push for agreements that recognize Indigenous sovereignty while integrating into a system that offers economic and political benefits unavailable in Canada.

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Growing Discontent Among Canadians: A Divided Nation

Canada is increasingly divided along political, economic, and cultural lines. Western provinces like Alberta and Saskatchewan are vocal in their dissatisfaction with federal policies, particularly those related to energy and resource management. This regional discontent mirrors the frustrations of Indigenous nations, who have long been marginalized by Ottawa’s centralized governance.

Indigenous nations can capitalize on this growing disunity by positioning themselves as leaders in a broader push for decentralization and sovereignty. By aligning with the U.S., Indigenous nations could establish a precedent for regional autonomy, potentially inspiring other disillusioned regions of Canada to reconsider their ties to the federal government.

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Leveraging the Resource Advantage

Indigenous lands in Canada are rich with untapped resources, from minerals to oil and natural gas. However, federal restrictions and the paternalistic Indian Act have stifled Indigenous nations’ ability to benefit from these resources. The U.S., on the other hand, has a proven track record of allowing tribal nations to develop and manage their resources, often in partnership with private industries.

By proposing a transformative alliance with the U.S., Indigenous nations could:

• Negotiate ownership and management rights over resource-rich territories.

• Establish trade agreements that prioritize their interests and benefit from U.S. infrastructure and markets.

• Ensure environmental protections that align with Indigenous values, bypassing Canada’s extractive and exploitative practices.

This resource leverage not only strengthens the negotiating position of Indigenous nations but also makes them attractive partners to the U.S., which values access to natural resources.

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The Path Forward: A Strategic Alliance

To capitalize on this moment, Indigenous nations must act decisively and strategically. Key steps include:

1. Building Coalitions: Indigenous leaders across Canada must unite, presenting a cohesive vision for sovereignty and economic independence.

2. Engaging U.S. Stakeholders: By forming alliances with tribal nations and lawmakers in the U.S., Canadian Indigenous nations can gain allies who understand the value of tribal sovereignty.

3. Public Awareness Campaigns: Educating both Canadian and American citizens about the benefits of this alliance is crucial for garnering public support.

4. International Advocacy: Leveraging the global focus on Indigenous rights can apply additional pressure on Canada to respect Indigenous sovereignty—or risk losing a significant part of its territory and resources.

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A Moment of Transformation

The combination of Canada’s instability, the global spotlight on Indigenous rights, and the opportunities available within the U.S. system makes now the perfect time for Indigenous nations to demand transformative change. This is not merely a chance to escape the constraints of the Indian Act—it is a historic opportunity to reclaim sovereignty, achieve economic independence, and chart a path toward a prosperous and self-determined future. Aligning with the United States is not about abandoning identity or culture; it is about embracing a system that respects autonomy and provides the tools for success. The moment to act is now.

To be continued….

Darren Grimes