Canadian Aboriginal Issues

1. CanadianAboriginal Issues

2. British North America Act - 1867 • Section 91(24) of the BNA Act established Federal jurisdiction over "Indians, and lands reserved for the Indians" • The federal government implemented their responsibility through the Indian Act • Métis people were not recognized

3. Numbered Treaties • 11 “Numbered” Treaties • signed between 1871 and 1921 • as the Canadian government began to pursue settlement, farming and resource development in the west and north of the country • cover Northern Ontario, Manitoba, Saskatchewan, Alberta and portions of the Yukon, the NWT and BC • Indians who occupied these territories ceded vast tracts of land with the signing of these treaties.

4. Indian Act 1876 • After negotiating many “Numbered Treaties”(covering the Prairies) the federal government introduced and passed an act to amend and consolidate previous laws concerning the Aboriginals – The Indian Act of 1876 • turned the Aboriginals into legal wards of the state (like children) • their lands, assets and mineral rights came under the trust of the federal government

5. Indian Act – positives? • Gave special “status” to Aboriginal peoples • provided health care, treaty payments, and hunting and fishing rights • But – often limited by the government • Lost special status if chose to vote or live off reserve

6. Indian Act – cont’ • Under the guise of making clear who was entitled to reside on Indian lands and use their resources – used to discriminate against aboriginals to a high degree • goal of the government through the Indian Act was to force the assimilation of the Aboriginal peoples • All "half-breed" Indians, like the Métis, were not entitled to Indian status. Assimilation – when a cultural group is encouraged or forced to give up its culture in favour of the dominant culture

7. Indian Act – Negatives • It was used to ban the potlatch and Sundance • Aboriginals were treated harshly when in possession of alcohol • Aboriginal children were removed from their homes by provincial governments and sent to residential schools • Status Indians were denied the right to vote • they did not sit on juries and • they were exempt from conscription in times of war • The definition of “person” which was in the Indian Act until 1951 included “an individual other than an Indian.” Alberta girl performing Sundance

8. Potlatch • A potlatch is a highly complex event or ceremony among nations on the coast of British Columbia that has been practiced for thousands of years. • A potlatch, includes celebration of births, rites of passages, weddings, funerals, puberty, and honoring of the deceased. • involves feasts, with music, dance, theatricality and spiritual ceremonies • Within it, hierarchical relations within and between clans, villages, and nations, are observed and reinforced through the distribution of wealth, dance performances, and other ceremonies. • Status of any given family is raised not by who has the most resources, but by who distributes the most resources. • The host demonstrates their wealth and prominence through giving away the resources gathered for the event, which in turn prominent participants reciprocate when they hold their own potlatches Tlingit chiefs at potlatch, 1904

9. Reserves • The more pressure there was for settlement of Western Canada, the more the government pressured Indian people to settle on Reserves • Land controlled by the government • Reserve clusters were kept far enough apart to discourage Bands from forming alliances against the government • Also kept far from the rest of Canadian population, making assimilation difficult

10. Indian Agents • Indian Agents and Farm Instructors were sent to Reserves • Life on the Reserves centred around them -- they lived on Reserves and made all decisions: • they provided family and marriage counseling • they married and buried people • they kept law and order • they did the work of the public health nurse • sometimes they filled in as the teacher

11. Permit System • The Department of Indian Affairs had control over the financial transactions of Indian people • Sales and purchase transactions were strictly monitored under the Permit system • Indian people needed a permit to: • sell cattle and grain; • sell a load of hay, firewood, lime, charcoal; • sell produce grown on the Reserve; and • buy groceries or clothes. •   As Bands began to adopt elected forms of governments in the 1950's and 60's they began to acquire more authority and eventually superseded the Indian Agent • The Permit system gradually disappeared. • However, it remained in the Indian Act until 1995

12. Residential Schools • Before contact with Europeans, First Nations had their own educational processes. The goal was to become responsible members of society. • Education was considered a life-long process. Elders were the transmitters of knowledge and wisdom. Traditional Indian cultures exhibited a close relationship with the environment and learning the relationship with nature was an essential component of a child's upbringing.

13. Residential Schools – con’t • After contact with Europeans - education became the primary instrument to assimilate Indian people • Residential and industrial schools were established following the signing of the Numbered Treaties • Run by Catholic, Anglican and Protestant missionaries • The objectives were: • to assimilate aboriginal children • to Christianize; • to teach the 3 R's; and • to develop children into farmers & housekeepers

14. Residential Schools - Legacy The use of Indian languages in school was prohibited; children were punished severely for speaking their language, even if they knew no English • Residential and industrial schools also began a legacy of despair for Indian people • Government and religious orders made all decisions about the education of Indian children • Children were removed from their homes with or without parental consent

15. Residential Schools - Legacy • Many children died as a result of health conditions at the schools • Many other children ran away from school; upon their return they were severely punished • Many encountered sexual abuse by people in authority • Many suffered severe psychological harm as their identity as an Indian person was attacked. • Many lost their knowledge of traditional parenting practices

16. Residential Schools • After a century of operation, the residential schools had nearly destroyed First Nations communities • These schools suppressed their language, culture, and spirituality • The extended period of time spent in these schools with caregivers who were often abusive resulted in this abuse of children moving into the Indian communities • The last government controlled residential school closed in 1986

17. Anti-Potlatch Legislation 1884 • Parliament outlawed the potlatch which was the primary social, economic and political expression of some Aboriginal cultures. • Can be seen as some Aboriginal peoples as being devastating to the community: Going into debt to prove wealth. • It is the government’s job to stop harmful practices. • 1951 Parliament repeals laws prohibiting potlatch and land claims activity.

18. The Pass System • The Pass System was instituted during the Northwest Resistance years. • It was to be a temporary measure during the events of 1885 to control and monitor Indian people and keep them from joining the Resistance • Indian people were restricted to their Reserves • If they wanted to leave, they had to get permission from the Indian Agent • An Indian person who was absent from the Reserve without a Pass was classified as a criminal • Neither the Indian Act nor any other Federal legislation empowered the Department to institute such a system • The Pass system was still in use in the Treaty 4, 5 and 7 areas as late as the mid 1930's • It was removed from the Indian Act in 1951

19. Legal Land Claim Rights • 1927 Aboriginal people are prohibited from raising money or retaining a lawyer for the purpose of pursuing land claims. • 1929 Laws which prevented First Nations from retaining legal counsel to pursue land claims are repealed.

20. Bill of Rights 1960 • After the passing of the Bill of Rights, Status Indians on reserves gained equality in the right to vote without losing their status • Prior to this time, those who applied to become enfranchised lost their status • Gradually, provinces gave Aboriginals the right to vote provincially in 1969 • Though a noble attempt, the Bill of Rights legislation had not given the aboriginals the right to govern themselves

21. Federal White Paper 1969 • A “White Paper” offers a detailed outline of a government policy, which gives Parliament and outside organisations the opportunity to comment on future legislation. White papers will often become the basis for the actual Bill. • The 1969 White Paper rejected the concept of special status for Aboriginal peoples within confederation. • The government argued that Aboriginal and treaty rights were problematic regarding the economy, education and social issues and that all Canadians should be equal in law to all other Canadians. • Could be argued that Trudeau didn’t want special status for everyone/ anyone, so this IS equality (just not equity). • Aboriginal peoples fought against it (response called the “Red Paper” – 1970) because it meant losing historical rights and ties to land and heritage: their efforts eventually resulted in the inclusion of some Aboriginal rights in the Charter.

22. The Calder Case - 1973 • Supreme Court of Canada recognized the existence of aboriginal title in principle • The Court ruled that aboriginal title is rooted in the 'long time occupation, possession and use' of traditional territories. • Result: Canada initiates a Comprehensive Claims process for treaty negotiations across Canada

23. 1973 – Aboriginal Education • In 1972, the Assembly of First Nations (formerly the National Indian Brotherhood) published a document entitled "Indian Control of Indian Education" which asserted the rights of Indian parents to determine the kind of education they wanted for their children. • Two principles of education were proposed in this document: • parental responsibility, and • local control of education. • The Federal Government accepted the document as policy in 1973. • After more than a century, cultural assimilation was finally abandoned as the official goal of the federal government. • Ovide Mercredi, former National Chief of the Assembly of First Nations stated: • If you heal a person, you will heal a family,A family will help heal a community,A whole healthy communityCan be a proud nation.

24. Mackenzie Valley pipeline- Berger Commission 1974-1977 • During the 1960s, new natural gas reserves were found in the Beaufort Sea in the Arctic • oil companies began to express interest in building a pipeline straight through the fragile ecosystem of the northern Yukon and Mackenzie River Valley to Alberta • In the mid-1970s, the Berger Commission, led by Thomas Berger, examined the effects of this proposed pipeline

25. Berger Commission 1974 - 1977 • Aboriginals in the region were particularly opposed to the pipeline, for several reasons: • Environmental concerns • Skepticism about the motives and interests of big business • Perceptions that it infringed upon their land rights and special status. • believed the project that could jeopardize regional land claims • Berger Commission - ruled that a moratorium should be placed on construction until 1987 to give time towards land claim settlements. • However, the pipeline was never built due to the controversy and an unstable economy. CBC archives: Victors and victims of the Berger report http://archives.cbc.ca/society/native_issues/topics/295/

26. Constitution Act 1982 & Charter of Rights and Freedoms 1982 • Three sections of the 1982 Constitution directly address Aboriginal peoples: • Section 25 - The guarantee of Aboriginal and Treaty Rights • Section 35 - The recognition and affirmation of Aboriginal and Treaty Rights; Aboriginal people are defined as Indian, Métis, and Inuit • Section 37 - Outlines a process for successive constitutional talks on Aboriginal Rights. •  First Ministers Conferences were held in 1983, 1984, 1985, and 1987 dealing primarily with self-government. They concluded without any agreement on Aboriginal issues. • The constitution entrenches the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada. • The inclusion of Section 35 of the Charter has led to the successful conclusion of Aboriginal Land claims. • Section 25 of the Charter affirms that Aboriginal peoples’ rights cannot be overridden by other rights in the Charter. E.g. hunting, fishing, and taxation rights cannot be taken away even though other groups do not possess the same rights.

27. Bill C-31 - 1985 • Prior to 1985, women lost Indian status if they married a man who did not have Indian status. Their children did not receive Indian status. • The Charter of Rights in 1982 guaranteed protection of rights equally for women and men. • Bill C-31, An Act to Amend the Indian Act, was passed in 1985. This Bill amended the Indian Act in the areas of Status and Membership. • By 1992, over 81,000 people had regained status.

28. Employment Equity Act 1986 • Its purpose was to “achieve equality in the workplace so that no person shall be denied employment opportunities or benefits for reasons unrelated to ability, and in the fulfillment of the goals, to correct the conditions of disadvantage in employment experienced by four groups: women, Aboriginal peoples, persons with disabilities and visible minority people. • Aboriginal peoples are some of the most poverty-stricken in Canada. The act has been seen to successful overall for the four groups, but unemployment for Aboriginals continues to be high.

29. Meech Lake Accord - 1987 • The Accord was arranged originally to bring Quebec into the constitution but because it failed to address Aboriginals as a distinct society, it failed as a result. • The Accord had to be passed by all of the provincial legislatures and Parliament by June 23, 1990. On June 23, 1990 Elijah Harper, the lone Indian MLA in Manitoba, refused to extend the hours of sitting to enable the Manitoba legislature to debate the Accord. The Meech Lake Accord died. • Mr. Harper's actions focused national attention on Aboriginal concerns in a way that had never occurred before. • Unlike a majority of First Nations people who did not support the Accord, the Métis Nation were supportive of the 1990 Accord as it included a Métis Nation Accord with a definition for Métis people. As a result of the failure of the Meech Lake Accord, the Métis Nation did not get recognized as coming under federal jurisdiction.

30. Oka Standoff- 1990 • The Oka Crisis was a land dispute and blockade between the Mohawk nation and the town of Oka, Quebec which began on July 11, 1990, and lasted until September 26, 1990. • resulted in three deaths, and would be the 1st of a number of well-publicized violent conflicts between Indigenous people and the Canadian government in the late 20th century. • crisis developed from a dispute between the town of Oka and the Mohawk community of Kanesatake. • The Mohawk nation had been pursuing a land claim which included a burial ground and a sacred grove of pine trees near Kanesatake. • This brought them into conflict with the town of Oka, which was developing plans to expand a golf course onto the land. • The mayor of Oka, Jean Ouellette, announced in 1989 that the remainder of the pines would be cleared to expand the members-only golf club's course to eighteen holes. Sixty luxury condominiums were also planned to be built in a section of the pines. However, none of these plans were made in consultation with the Mohawks. • The golf-course expansion, which had originally triggered the situation, was cancelled. The Oka Crisis eventually precipitated the development of Canada's First Nations Policing Policy. Quebec's Minister for Native Affairs John Ciaccia wrote a letter of support for the natives, stating that "these people have seen their lands disappear without having been consulted or compensated, and that, in my opinion, is unfair and unjust, especially over a golf course." CBC archives: The Standoff Begins http://archives.cbc.ca/politics/civil_unrest/topics/99/

31. The Charlottetown Accord - 1992 • Another agreement was reached on constitutional reform in 1992 - The Charlottetown Accord. • The Accord included a number of features for Aboriginal peoples: • the inherent right of self-government; • the recognition of Aboriginal governments as a third order of government in Canada; • a definition of self-government in relation to land, environment, language, and culture; • representation in the Senate. • The Charlottetown Accord was rejected by national referendum on October 26, 1992. • Representatives for Aboriginal womens' groups, specifically status Indian women, rejected the Meech Lake and Charlottetown Accords due to the uncertainties of self-government and the concern of collective rights over-riding individual rights. They questioned whether the Charter of Rights and Freedoms would be maintained within self-government legislation.

32. Gustafsen Lake Standoff - 1995 • The Gustafsen Lake Standoff was an indigenous land dispute involving the Secwepemc Nation in British Columbia, Canada which began on June 15, 1995, and lasted until September 17, 1995. • In June of 1995, Indigenous people from the Secwepemc (Shuswap) and other nations began an occupation of sacred Sun Dance lands at Ts’Peten (pronounced "che-peten"), also known as Gustafsen Lake, near 100 Mile House, British Columbia. • The occupation at Ts’Peten followed a long history of attempts to gain recognition of Secwepemc sovereignty by the Canadian Government, and indigenous rights to unceded lands in British Columbia. • The standoff began when a previous arrangement from 1989 to hold sun dances on Crown Land under the jurisdiction of BC rancher Lyall James broke down.

33. Gustafsen Lake Standoff • Some Natives chose to remain at Gustafsen Lake and continue to hold annual sun dances in defiance of threats of eviction by Lyall James, and to assert indigenous rights to the land. • The British Columbia Attorney General Ujjal Dosanjh, branded the occupation as strictly a criminal matter, refusing to consider political negotiations. • After failed negotiations, the RCMP launched one of the largest police operations in Canadian history, including the deployment of four hundred tactical assault team members, five helicopters, two surveillance planes and nine Armoured Personnel Carriers. • 8 land mines were also used. • By the end of the 31-day standoff, police had fired over 77,000 rounds of ammunition, one woman had been shot, and a dog had been killed.

34. Gustafsen Lake Standoff Resolution • 14 indigenous and 4 non-native people were charged following the siege, fifteen of whom were found guilty and sentenced to jail terms ranging from six months to eight years. • The leader of the occupation, William (Wolverine) Jones Ignace, was found guilty of mischief to property, mischief causing danger to life, possession of firearms and explosives, discharging a firearm at police, and using a firearm to assault police officers. • 3 of the defendants appealed the verdicts on the grounds that the Canadian courts have no jurisdiction over the lands where the Gustafsen Lake standoff took place, which they claimed remain unceded indigenous land. The Supreme Court of British Columbia refused to hear the appeal. Wolverine

35. Ipperwash Crisis - 1995 • land dispute that in Ipperwash Provincial Park, Ontario in 1995. • Several members of the Stoney Point Ojibway band occupied the park in order to assert their claim to the land. • led to a violent confrontation between protesters and the Ontario Provincial Police, who killed protester Dudley George.

36. Ipperwash Crisis • The ensuing controversy was a major event in Canadian politics, and a provincial inquiry, under former Ontario Chief Justice Sidney Linden, investigating the events was completed in the fall of 2006. Dudley Goerge

37. Ipperwash - Return of land • On December 20, 2007, the Ontario Provincial government announced its intention to return the 56-hectare Ipperwash Provincial Park to its original owners, the Chippewas of Kettle and Stony Point First Nation. • The decision did not take immediate effect, as the land will be "co-managed" by the Province and the Chippewas, with consultation from the surrounding community, for the time being. • According to Aboriginal Affairs Minister Michael Bryant, the land will be fully returned over an unspecified period of time, until the Chippewas have full control.

38. Delgamuukw – 1997-98 • Gitksan +Wet’suwet’es people’s claims • Defined aboriginal title –ruled Aboriginal groups could claim ownership of land if they can prove that they occupied the land before the Canadian government claimed sovereignty and occupied continuously and exclusively. • If government building is next to native reserve –must consult. i.e - effects on reserve- aboriginals claim to have never been consulted.

39. Statement of Reconciliation 1998 • The Statement of Reconciliation was a public apology from the Canadian government to Aboriginal peoples for the legacy of assimilation. In particular, the statement acknowledges the great harm caused by the residential school system. It provided from a “healing fund” of $350 million.

40. Nunavut - 1999 • It took 25 years to negotiate the agreements to bring Nunavut into being. The treaty negotiated is regarded around the world as an Aboriginal benchmark, guaranteeing the Inuit majority control over its future in self-government in 1999. CBC archives: New territory born at midnight http://archives.cbc.ca/politics/provincial_territorial_politics/topics/108/

41. Nisga'a Treaty - 2000 • The Nisga'a Treaty is a negotiated agreement between the Nisga'a Nation, the Government of British Columbia (B.C.) and the Government of Canada. • The last step needed to give legal effect to the Treaty took place on April 13, 2000, when Parliament passed the Nisga'a Final Agreement Act. • As part of the settlement in the Nass River valley nearly 2,000 square kilometres of land was officially recognized as Nisg̱a'a, and a 300,000 cubic decameter water reservation was also created. The Bear Glacier Provincial Park was also created as a result of this agreement. The land-claim's settlement was the first formal treaty between a First Nation and the Province of British Columbia since colonial times.

42. BC Land Claims Referendum - 2002 • April-May 2002 • Sought to establish principles that would guide the B.C. government in future treaty negotiations with Aboriginal peoples. • Very controversial • = Failed CBC Archives: Democracy Debated http://archives.cbc.ca/society/native_issues/topics/1238/

43. Kelowna Accord - 2005 • Paul Martin- Kelowna Accord • Liberal government promised $5 billion over 5 years to Aboriginal peoples of Canada. • Steven Harper & conservative government seems to be backing out. • To be used to improve the lives of the Metis, First Nations, and Inuit through education, housing, and health services.

44. Issues to Discuss • BC Land Claims – more complicated because few Treaties signed • Genocide? Did the Canadian government engage in genocide of aboriginal peoples? Review the definition of genocide to decide. • Poverty & Crime – highest rates among aboriginal communities. Why? • Aboriginal responses