This article examines the applicability of Michel Foucault’s biopolitical theory within the Canadian settler colonial context. Foucault’s concept of biopolitics, which describes the shift from sovereign power to the regulation of life and populations, is grounded in European historical contexts. In contrast, the Canadian settler colonial experience diverges significantly, necessitating a re-examination of biopolitics. The article argues that in Canada, the relationship between sovereignty, population, and territory does not follow the European model described by Foucault. Instead, Crown sovereignty established its control through legal mechanisms that defined ‘Indian’ status, displacing Indigenous territorialities and political structures. By analysing the evolution of ‘Indian’ status within the Indian Act (1985), the article highlights the centrality of law in constructing settler colonial biopolitics. This legal framework was used to manage and assimilate Indigenous populations, reflecting a unique biopolitical strategy aimed at creating a relationship to territory and population. The study contributes to a more specific understanding of biopolitics in settler colonial contexts, emphasizing the distinct role of law in these processes.