Aboriginal Peoples: Rethinking the Relationship

1. Aboriginal Peoples:Rethinking the Relationship Presented By: Peter, Sarosh, & Matt

2. Introduction • Main Argument: • Although the conditions of Aboriginal peoples are improving and their history and voices are being given greater attention by the government and media, much still needs to be done to right historical wrongs.

3. Aboriginal Status &Lifestyle

4. Aboriginal Status • There are 4 distinct government-defined Aboriginal statuses in Canada: • Status Indian: • Non-Status Indian: • Metis: • Inuit:

5. Aboriginal Lifestyle • Aboriginals in Canada, whether they live on or off reserves, tend to face many problems. • Living on the reserve • Living off the reserve

6. Treaties, Rulings, &Agreements

7. Treaty for Accommodation • There was only one treaty made in the spirit of accommodation: • The Royal Proclamation of 1763: • It sought to establish the principle of Crown sovereignty over unexplored land. • It acknowledged that Aboriginal interest in land was pre-existing sovereign right rather than a right granted by the Crown. • Based on principles of partnership, mutual recognition and non-interference.

8. Policies for Assimilation • There were a number of policies made under the principle of assimilation: • British North America Act, 1867: • Permitted British rule through occupation, settlements, and the threat of force and made Natives a state responsibility. • Gradual Enfranchisement Act, 1869: • It sought to eliminate “Indian” status though enfranchisement and exposure to the “…White race in the ordinary avocations of life.” • Indian Act, 1876: • Goal was to protect and civilize the Aboriginal population, but, rather than empowering them, it controlled them.

9. Initiatives for Integration • There was one policy made on the principle of integration: • The White Paper, 1969: • Proposed by then Indian Affairs Minister Jean Chretien, this highly criticized proposal set to eliminate the status of Aboriginal peoples as a legal entity. • Transfer federal responsibility of Natives to the provincial governments. • Abolition of Aboriginal treaty privileges and special status to “normalize” Aboriginal entry into Canadian society. • Never put into practice because it was met with a great deal of disdain from the Native community.

10. Policies for Devolution • There were 3 new policies introduced with the principle of devolution after The White Paper: • The Calder Decision, 1973: • It made moves to transform federal policy agenda to enhance nation-to-nation relationship and created initiatives to expand Aboriginal jurisdiction over local matters. • The Constitution Act, 1982: • Canada was the first country to entrench Aboriginal and treaty rights into the constitution. • First Nations Land Management Act, 1999: • Allows for band councils to establish their own land-use policies, awards limited property right to band members, and settles matrimonial disputes over land ownership in divorce cases. • Sechelt Ruling, 1986: • First Aboriginal community to gain self-government.

11. Initiatives for Autonomy • There have been 5 significant policy initiatives based on the principle of conditional autonomy since the 1990s: • Royal Commission of Aboriginal Peoples, 1996: • Stated that Native peoples sovereignty should be restored. • Delgamuukw Ruling, 1997: • B.C. Court ruled that Aboriginals have a constitutional and exclusive right of use and ownership to land they can prove was occupied by them prior to European arrival. • Marshall Ruling, 1999: • Ruling that acknowledged the fact that Aboriginals face a great deal of discrimination throughout Canada’s legal system. • Nisaga’a Final Agreement, 2000: • The first treaty settlement in B.C. since 1859 and is the first of 50 outstanding land claims that encompass the entire province.

12. Restructuring the Relationship

13. Living Together Separately • Not fixing the aboriginal problem but fixing the relationship. • Aboriginal peoples define themselves as different and distinct. • Categorically reject the view of themselves as Canadian citizens who live on reserves.

14. Living Together But Separately • Aboriginality is like ethnicity. • It (aboriginality) refers to the process of shared awareness of ancestral differences as a basis for entitle or engagement.

15. Three Recurrent Themes for Aboriginal Renewal • Taking aboriginal rights seriously. • Promoting self-determination through self government. • Acknowledging aboriginal title and treaty rights.

16. Inherent Rights • Aboriginal peoples claim to be a de facto sovereign political community (“peoples”) whose collective right to self-government (“nationhood”) are guaranteed by virtue of aboriginality (ancestral occupation) rather than because of need, disadvantage, or occupation.

17. “Sui Generis” Rights • Aboriginal rights are different  “SUI GENERIS” • Rights that are based in sources of law that reflect the unique status of original occupancy. • Collective and inherent rights (i.e., “inherent” due to ancestral occupation). • Inherent in that they are not delegated by government decree. • Collective in that aboriginal communities can exercise jurisdiction over the individual rights of members of these communities.

18. Conditional Autonomy • Model that is getting endorsed by both government and aboriginal peoples. • Aboriginal rights, including the “inherent” right to self governance is within the constitutional framework of Canadian society. • A third tier of government but only if consistent with Canadian foundation principles. • Allows negotiation on a government-to-government basis.

19. Conditional Autonomy • Rejects legitimacy of existing political relations for attainment of aboriginal goals. • Aboriginals are seeking the same powers regarding internal affairs as those similar to the actions of the Quebecois and the sovereignty-association. • Self Determination through self-governance.

20. Self-Determination Through Self-Governance • Key Elements: • Control over the process and power of local governance; • The attainment of cultural sovereignty; • Realignment of political relations around formal self governing arrangements in key areas related to power, privilege and resources.

21. Self-Governance:(Core Jurisdictions) • Several “core jurisdictions” which may vary in priority amongst the bands. Specifically: • The delivery of social services (policing, health, education); • Resources and use of lands for economic regeneration; • The means to promote and protect distinct cultural values and language systems; • Band membership and entitlements; • Federal expenditures according to aboriginal priorities rather than those of the government.

22. Four Self-GovernmentPossibilities (1) Statehood • Absolute sovereignty • Internal + external justice • complete independence with no external interference (2) Nationhood • De facto sovereignty - Province like status. • Operates within framework of society but with authority over internal matters. Interlinked with jurisdictions having shared sovereignty.

23. Four Self-GovernmentPossibilities • (3) Municipality • “Nested” sovereignty • Community based autonomy • Control over internal affairs (internal jurisdiction) but limited by way of interaction with other parallel bodies and higher political authorities. • (4) Institutional • Nominal sovereignty • Decision-making power through institutional inclusion.

24. Aboriginal Self-Governance • Aboriginal demands for self-government rarely calls for political independence or territorial autonomy. • Seeking a relationship of relative and relational autonomy within a partnership framework. • It is not secession

25. Richard Cardinal: Cry From the Diary of a Metis Child • Cardinal killed himself at the age of 17 after spending 13 years being shifted though a series of 28 different foster homes and shelters, often separated from his brothers and sisters. • His death and the diary he left behind captured media attention and prompted reform of Alberta’s child welfare system, allowing Native communities to gain control over their care of their children.

26. Conclusion • Aboriginal peoples are a vital and culturally distinct group in Canadian society which are, sadly, still fighting for the justice that they rightly deserve but are being denied by not only this nation’s government, but it’s unsupportive – yet sympathizing – citizens as well.