Aboriginal Peoples

1. Aboriginal Peoples Douglas Brown St Francis Xavier University March 2013

2. Aboriginal Peoples: Outline of Topics • Names and key concepts • Early treaties and history of rights • Suppression and assimilation • Resurgent aboriginal nationalism • Key developments since the 1980s • The Challenge of Self-government

3. Readings • Stephen Brooks Canadian Democracy, chapter 16 “Aboriginal Politics” • Martin Papillon “The (Re)Emergence of Aboriginal Governments” chapter 9 in Bickerton and Gagnon (eds) Canadian Politics (5th edition)

4. What’s in a name …? • Natives • “Indians, Eskimos, and Métis” • Indigenous, Aboriginal, aboriginees, Amerindian • “First Nations” • Their names: • Inuit, Mi’kmaw, Cree, Mohawk, Nisga’a, • Siksika, Dogrib, Anishnabe, Dene, Gits’kan and so on

5. Key terms and concepts • Indian Act / Indian bands/ reserves • Status/non-status • Aboriginal Peoples • Aboriginal rights • Aboriginal title • Self-government • Treaty federalism

6. History of Treaties • Early French and British treaties • Aboriginal nations have autonomy and independence • A confederal relationship with the Crown? • Title to land and resources held unless ceded • Royal Proclamation of 1763 • A Nation-to-nation relationship under Crown sovereignty • Provides protection of aboriginal title to the land (and origins of fiduciary obligation) • Autonomous self-government is inherent and assumed • Numbered Treaties (1-11): 1871-1921 • Cover most of southern Canada west of Quebec, east of Rockies. Ceded (?) land in return for guarantees of money, education, healthcare.

7. History of Aboriginal Rights • Early recognition by US courts as “Domestic dependent nations” (1832 US Supreme Court) • Later US restrictions – Congress severely limits aboriginal rights, including title. • Confederation of Canada, 1867, limits practical room for self-government and promotes non-aboriginal settlement • Indian Acts suppress Aboriginal autonomy and culture, and • Reserve system isolates and marginalizes First Nations

8. Rise of Aboriginal Nationalism • Rejection of Trudeau Government’s 1969 “White Paper” • Rise of a national “Indian Lobby” • Growth and diversity of national aboriginal political organizations • Increasingly militant politics • Influence of academic research and post-colonial ideology

9. Aboriginals and Constitutional Reform • Constitution Act 1982: section 35 entrenches general aboriginal rights and commits to further negotiation • “Aboriginal round” of negotiations, 1983-87, fails to define key rights including self-government • Aboriginal peoples left out of Meech Lake process, 1987 • Aboriginal peoples representatives participate fully in “Canada Round” and in negotiation of the provisions of Charlottetown Accord (although the accord failed to pass in the national referendum)

10. Progress through other means, 1990 onwards…1 • Major court judgments extend and define aboriginal rights: • Calder, Sparrow, Sioui, Marshall • Oka Crisis, summer 1990: armed standoff and greatly increased profile for aboriginal grievances • Royal Commission on Aboriginal Peoples (RCAP) (1991-96) -- redefines the terms of debate towards a nation-to-nation relationship (but not fully acted upon)

11. Progress through other means, 1990 onwards…2 • Nisga’a Final Agreement, 1998 • Nunavut Territory, 1999 • Acceleration of more autonomous First Nations governance (i.e. Indian bands) • Land claims and treaty processes continue • Harper government’s Residential Schools apology and compensation package

12. Exercising Self-Government • Supreme Court recognizes that s. 35, Constitution Act implies an “inherent right” -- but details still being worked out. • Indian Act constraints -- 640 band councils – considered by some as too small to be effective • Practical concerns: • Fiscal resources • Administrative capacity • Democratic accountability

13. Three Perspectives on Aboriginal Rights and Self-Government • 1. Royal Commission on Aboriginal Peoples, 1996 Report: parallel sovereignty • 2. Thomas Flanagan, book in 2000 entitled First Nations, Second Thoughts: neo-liberal integration • 3. Alan Cairns, book in 2000, Citizens Plus, more pragmatic recognition of difference.

14. 1. 1996 Royal Commission • Restore the nation-to-nation relationship; dual citizenship • Consolidate Indian bands into original national groups, i.e. 50-60 First Nations • Settle outstanding land claims, renew and revive treaties • Recognize First Nations’ autonomous governing authority as a third order of government

15. 2. Flanagan – the Neo-liberal view • Aboriginals not that different from other Canadians in their life-style • There can only be one nation (Canada) • Aboriginal self-government is wasteful and fractious • Do not renew or upgrade treaties • Do not encourage dependence on remote reserve communities • Concentrate on land, economic development and property rights instead

16. 3. Cairns’ “Citizens Plus” • Respects notion of aboriginal rights and “positive recognition of difference” • Recognizes power of aboriginal nationalism and accepts aspects of dual citizenship • Seeks practical solutions to making current self-government arrangements work better • Concerned that aboriginal nationalism often seek separateness, which cuts them off from solidarity with Canadians

17. Concluding Points • Aboriginal Rights are here to stay • Our system probably has enough flexibility to accommodate them • But, negotiations will take a long time and continuing good will • Canada and Canadians will be judged on how well we do