CanadianCanadianAboriginal IssuesAboriginal Issues

British North America Act - 1867British North America Act - 1867

Section 91(24) of the Section 91(24) of the BNA Act established BNA Act established Federal jurisdiction Federal jurisdiction over "Indians, and over "Indians, and lands reserved for the lands reserved for the Indians"Indians"The federal The federal government government implemented their implemented their responsibility through responsibility through the Indian Actthe Indian ActMétis people were not Métis people were not recognizedrecognized

Numbered TreatiesNumbered Treaties11 “Numbered” Treaties11 “Numbered” Treatiessigned between 1871 and signed between 1871 and 1921 1921 as the Canadian government as the Canadian government began to pursue settlement, began to pursue settlement, farming and resource farming and resource development in the west and development in the west and north of the countrynorth of the countrycover Northern Ontario, cover Northern Ontario, Manitoba, Saskatchewan, Manitoba, Saskatchewan, Alberta and portions of the Alberta and portions of the Yukon, the NWT and BCYukon, the NWT and BC Indians who occupied these Indians who occupied these territories ceded vast tracts territories ceded vast tracts of land with the signing of of land with the signing of these treaties. these treaties.

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

Indian Act – positives?Indian Act – positives?

Gave special “status” to Gave special “status” to Aboriginal peoples Aboriginal peoples

provided health care, provided health care, treaty payments, and treaty payments, and hunting and fishing rightshunting and fishing rights

But – often limited by the But – often limited by the governmentgovernment

Lost special status if chose Lost special status if chose to vote or live off reserveto vote or live off reserve

Indian Act – cont’Indian Act – cont’

Under the guise of making Under the guise of making clear who was entitled to clear who was entitled to reside on Indian lands and reside on Indian lands and use their resources – use their resources – used to discriminate used to discriminate against aboriginals to a against aboriginals to a high degree high degree goal of the government goal of the government through the Indian Act through the Indian Act was to force the was to force the assimilationassimilation of the of the Aboriginal peoples Aboriginal peoples All "half-breed" Indians, All "half-breed" Indians, like the Métis, were not like the Métis, were not entitled to Indian status. entitled to Indian status.

Assimilation – when a cultural group is encouraged or forced to give up its culture in favour of the dominant culture

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

Alberta girl performing Sundance

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

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

Indian AgentsIndian Agents

Indian Agents and Farm Indian Agents and Farm Instructors were sent to Instructors were sent to ReservesReserves Life on the Reserves Life on the Reserves centred around them -- they centred around them -- they lived on Reserves and made lived on Reserves and made all decisions:all decisions: they provided family and they provided family and

marriage counselingmarriage counseling they married and buried people they married and buried people they kept law and orderthey kept law and order they did the work of the public they did the work of the public

health nursehealth nurse sometimes they filled in as the sometimes they filled in as the

teacherteacher

Permit SystemPermit SystemThe Department of Indian The Department of Indian Affairs had control over the Affairs had control over the financial transactions of financial transactions of Indian people Indian people Sales and purchase Sales and purchase transactions were strictly transactions were strictly monitored under the Permit monitored under the Permit systemsystemIndian people needed a Indian people needed a permit to:permit to: sell cattle and grain; sell cattle and grain; sell a load of hay, firewood, sell a load of hay, firewood,

lime, charcoal; lime, charcoal; sell produce grown on the sell produce grown on the

Reserve; and Reserve; and buy groceries or clothes. buy groceries or clothes.

•     As Bands began to adopt elected As Bands began to adopt elected forms of governments in the 1950's and forms of governments in the 1950's and 60's they began to acquire more 60's they began to acquire more authority and eventually superseded the authority and eventually superseded the Indian AgentIndian Agent

• The Permit system gradually The Permit system gradually disappeared. disappeared.

• However, it remained in the Indian Act However, it remained in the Indian Act until 1995until 1995

Residential SchoolsResidential SchoolsBefore contact with Before contact with Europeans, First Europeans, First Nations had their own Nations had their own educational educational processes. The goal processes. The goal was to become was to become responsible members responsible members of society.of society.Education was Education was considered a life-long considered a life-long process. Elders were process. Elders were the transmitters of the transmitters of knowledge and knowledge and wisdom.wisdom.

Traditional Indian cultures Traditional Indian cultures exhibited a close relationship with exhibited a close relationship with the environment and learning the the environment and learning the relationship with nature was an relationship with nature was an essential component of a child's essential component of a child's upbringing.upbringing.

Residential Schools – con’tResidential Schools – con’t

After contact with After contact with Europeans - education Europeans - education became the primary became the primary instrument to assimilate instrument to assimilate Indian people Indian people Residential and Residential and industrial schools were industrial schools were established following the established following the signing of the Numbered signing of the Numbered TreatiesTreatiesRun by Catholic, Run by Catholic, Anglican and Protestant Anglican and Protestant missionariesmissionaries

The objectives were:The objectives were:• to assimilate aboriginal to assimilate aboriginal

children children • to Christianize; to Christianize; • to teach the 3 R's; and to teach the 3 R's; and • to develop children into to develop children into

farmers & housekeepersfarmers & housekeepers

Residential Schools - LegacyResidential Schools - Legacy

Residential and Residential and industrial schools industrial schools also began a legacy also began a legacy of despair for Indian of despair for Indian peoplepeopleGovernment and Government and religious orders religious orders made all decisions made all decisions about the education about the education of Indian childrenof Indian childrenChildren were Children were removed from their removed from their homes with or homes with or without parental without parental consentconsent

The use of Indian languages The use of Indian languages in school was prohibited; in school was prohibited; children were punished children were punished severely for speaking their severely for speaking their language, even if they knew language, even if they knew no Englishno English

Residential Schools - LegacyResidential Schools - Legacy

Many children died as a result Many children died as a result of health conditions at the of health conditions at the schoolsschoolsMany other children ran away Many other children ran away from school; upon their return from school; upon their return they were severely punishedthey were severely punishedMany encountered sexual Many encountered sexual abuse by people in authority abuse by people in authority Many suffered severe Many suffered severe psychological harm as their psychological harm as their identity as an Indian person identity as an Indian person was attacked.was attacked.Many lost their knowledge of Many lost their knowledge of traditional parenting practicestraditional parenting practices

Residential SchoolsResidential Schools

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

Anti-Potlatch Legislation 1884Anti-Potlatch Legislation 1884

Parliament outlawed the Parliament outlawed the potlatch which was the potlatch which was the primary social, economic primary social, economic and political expression of and political expression of some Aboriginal cultures. some Aboriginal cultures. Can be seen as some Can be seen as some Aboriginal peoples as being Aboriginal peoples as being devastating to the devastating to the community: Going into debt community: Going into debt to prove wealth. to prove wealth. It is the government’s job to It is the government’s job to

stop harmful practices.stop harmful practices.

1951 Parliament repeals 1951 Parliament repeals laws prohibiting potlatch and laws prohibiting potlatch and land claims activity.land claims activity.

The Pass SystemThe Pass System

The Pass System was instituted The Pass System was instituted during the Northwest Resistance during the Northwest Resistance years. years. It was to be a temporary measure It was to be a temporary measure during the events of 1885 to during the events of 1885 to control and monitor Indian people control and monitor Indian people and keep them from joining the and keep them from joining the ResistanceResistanceIndian people were restricted to Indian people were restricted to their Reserves their Reserves If they wanted to leave, they had If they wanted to leave, they had to get permission from the Indian to get permission from the Indian Agent Agent An Indian person who was absent An Indian person who was absent from the Reserve without a Pass from the Reserve without a Pass was classified as a criminalwas classified as a criminal

• Neither the Indian Act nor any other Neither the Indian Act nor any other Federal legislation empowered the Federal legislation empowered the Department to institute such a systemDepartment to institute such a system

• The Pass system was still in use in The Pass system was still in use in the Treaty 4, 5 and 7 areas as late as the Treaty 4, 5 and 7 areas as late as the mid 1930'sthe mid 1930's

• It was removed from the Indian Act in It was removed from the Indian Act in 19511951

Legal Land Claim RightsLegal Land Claim Rights

1927 1927 Aboriginal people Aboriginal people are prohibited from are prohibited from raising money or raising money or retaining a lawyer for retaining a lawyer for the purpose of pursuing the purpose of pursuing land claims.land claims.19291929 Laws which Laws which prevented First Nations prevented First Nations from retaining legal from retaining legal counsel to pursue land counsel to pursue land claims are repealed.claims are repealed.

Bill of Rights 1960Bill of Rights 1960

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

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

The Calder Case - The Calder Case - 19731973

Supreme Court of Supreme Court of Canada recognized Canada recognized the existence of the existence of aboriginal title in aboriginal title in principle principle The Court ruled that The Court ruled that aboriginal title is aboriginal title is rooted in the 'long rooted in the 'long time occupation, time occupation, possession and use' possession and use' of traditional of traditional territories. territories.

• Result: Canada initiates a Result: Canada initiates a Comprehensive Claims process Comprehensive Claims process for treaty negotiations across for treaty negotiations across CanadaCanada

1973 – Aboriginal Education1973 – Aboriginal EducationIn 1972, the Assembly of First Nations (formerly the National Indian In 1972, the Assembly of First Nations (formerly the National Indian Brotherhood) published a document entitled "Indian Control of Indian Brotherhood) published a document entitled "Indian Control of Indian Education" which asserted the rights of Indian parents to determine the kind Education" which asserted the rights of Indian parents to determine the kind of education they wanted for their children.of education they wanted for their children.Two principles of education were proposed in this document:Two principles of education were proposed in this document:parental responsibility, and parental responsibility, and local control of education. local control of education.   The Federal Government accepted the document as policy in 1973.The Federal Government accepted the document as policy in 1973.After more than a century, cultural assimilation was finally abandoned as the After more than a century, cultural assimilation was finally abandoned as the official goal of the federal government.official goal of the federal government.Ovide Mercredi, former National Chief of the Assembly of First Nations Ovide Mercredi, former National Chief of the Assembly of First Nations stated:stated:If you heal a person, you will heal a family,If you heal a person, you will heal a family,A family will help heal a community,A family will help heal a community,A whole healthy communityA whole healthy communityCan be a proud nation.Can be a proud nation.

Mackenzie Valley pipeline- Berger Mackenzie Valley pipeline- Berger Commission 1974-1977Commission 1974-1977

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

Berger Commission Berger Commission 1974 - 19771974 - 1977Aboriginals in the region were Aboriginals in the region were particularly opposed to the pipeline, for particularly opposed to the pipeline, for several reasons:several reasons: Environmental concernsEnvironmental concerns Skepticism about the motives and Skepticism about the motives and

interests of big businessinterests of big business Perceptions that it infringed upon Perceptions that it infringed upon

their land rights and special status. their land rights and special status. believed the project that could believed the project that could

jeopardize regional land claimsjeopardize regional land claimsBerger Commission - Berger Commission - ruled that a ruled that a moratorium should be placed on moratorium should be placed on construction until 1987 to give time construction until 1987 to give time towards land claim settlements. towards land claim settlements. However, the pipeline was never built However, the pipeline was never built due to the controversy and an unstable due to the controversy and an unstable economy. economy.

http://archives.cbc.ca/society/native_issues/topics/295/

CBC archives: Victors and victims of the Berger report

Constitution Act 1982 & Constitution Act 1982 & Charter of Rights and Freedoms 1982Charter of Rights and Freedoms 1982

Three sections of the 1982 Constitution directly address Aboriginal peoples:Three sections of the 1982 Constitution directly address Aboriginal peoples: Section 25 - The guarantee of Aboriginal and Treaty Rights Section 25 - The guarantee of Aboriginal and Treaty Rights Section 35 - The recognition and affirmation 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 Aboriginal people are defined as Indian, Métis, and Inuit Section 37 - Outlines a process for successive constitutional talks on Aboriginal Section 37 - Outlines a process for successive constitutional talks on Aboriginal

Rights. Rights.   First Ministers Conferences were held in 1983, 1984, 1985, and 1987 First Ministers Conferences were held in 1983, 1984, 1985, and 1987 dealing primarily with self-government. They concluded without any dealing primarily with self-government. They concluded without any agreement on Aboriginal issues.agreement on Aboriginal issues.The constitution entrenches the existing Aboriginal and treaty rights of the The constitution entrenches the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada. Aboriginal peoples of Canada. The inclusion of Section 35 of the Charter has led to the successful The inclusion of Section 35 of the Charter has led to the successful conclusion of Aboriginal Land claims.conclusion of Aboriginal Land claims.Section 25 of the Charter affirms that Aboriginal peoples’ rights cannot be 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 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 rights cannot be taken away even though other groups do not possess the same rights.same rights.

Bill C-31 - 1985Bill C-31 - 1985

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

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

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

Oka Standoff- 1990Oka Standoff- 1990The The Oka CrisisOka Crisis was a land dispute and was a land dispute and blockade between the Mohawk nation blockade between the Mohawk nation and the town of Oka, Quebec which and the town of Oka, Quebec which began on July 11, 1990, and lasted began on July 11, 1990, and lasted until September 26, 1990. until September 26, 1990. resulted in three deaths, and would be resulted in three deaths, and would be the 1the 1stst of a number of well-publicized of a number of well-publicized violent conflicts between Indigenous violent conflicts between Indigenous people and the Canadian government people and the Canadian government in the late 20th century.in the late 20th century.crisis developed from a dispute crisis developed from a dispute between the town of Oka and the between the town of Oka and the Mohawk community of Kanesatake. Mohawk community of Kanesatake. The Mohawk nation had been pursuing The Mohawk nation had been pursuing a land claim which included a burial a land claim which included a burial ground and a sacred grove of pine ground and a sacred grove of pine trees near Kanesatake. trees near Kanesatake. This brought them into conflict with the This brought them into conflict with the town of Oka, which was developing town of Oka, which was developing plans to expand a golf course onto the plans to expand a golf course onto the land.land.The mayor of Oka, Jean Ouellette, The mayor of Oka, Jean Ouellette, announced in 1989 that the remainder announced in 1989 that the remainder of the pines would be cleared to of the pines would be cleared to expand the members-only golf club's expand the members-only golf club's course to eighteen holes. Sixty luxury course to eighteen holes. Sixty luxury condominiums were also planned to be condominiums were also planned to be built in a section of the pines. However, built in a section of the pines. However, none of these plans were made in none of these plans were made in consultation with the Mohawks.consultation with the Mohawks.The golf-course expansion, which had The golf-course expansion, which had originally triggered the situation, was originally triggered the situation, was cancelled. The Oka Crisis eventually cancelled. The Oka Crisis eventually precipitated the development of precipitated the development of Canada's First Nations Policing Policy.Canada's First Nations Policing Policy.

Quebec's Minister for Native Affairs John Ciaccia wrote Quebec's Minister for Native Affairs John Ciaccia wrote a letter of support for the natives, stating that "these a letter of support for the natives, stating that "these people have seen their lands disappear without having people have seen their lands disappear without having been consulted or compensated, and that, in my been consulted or compensated, and that, in my opinion, is unfair and unjust, especially over a golf opinion, is unfair and unjust, especially over a golf course."course."

CBC archives: The Standoff Beginshttp://archives.cbc.ca/politics/civil_unrest/topics/99/

The Charlottetown Accord - 1992The Charlottetown Accord - 1992

Another agreement was reached on Another agreement was reached on constitutional reform in 1992 - The constitutional reform in 1992 - The Charlottetown Accord.Charlottetown Accord.The Accord included a number of features for The Accord included a number of features for Aboriginal peoples:Aboriginal peoples: the inherent right of self-government; the inherent right of self-government; the recognition of Aboriginal governments the recognition of Aboriginal governments

as a third order of government in Canada; as a third order of government in Canada; a definition of self-government in relation a definition of self-government in relation

to land, environment, language, and to land, environment, language, and culture; culture;

representation in the Senate. representation in the Senate. The Charlottetown Accord was rejected by The Charlottetown Accord was rejected by national referendum on October 26, 1992.national referendum on October 26, 1992.Representatives for Aboriginal womens' Representatives for Aboriginal womens' groups, specifically status Indian women, groups, specifically status Indian women, rejected the Meech Lake and Charlottetown rejected the Meech Lake and Charlottetown Accords due to the uncertainties of self-Accords due to the uncertainties of self-government and the concern of collective government and the concern of collective rights over-riding individual rights. They rights over-riding individual rights. They questioned whether the Charter of Rights and questioned whether the Charter of Rights and Freedoms would be maintained within self-Freedoms would be maintained within self-government legislation.government legislation.

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

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

Gustafsen Lake StandoffGustafsen Lake StandoffResolutionResolution

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

Wolverine

Ipperwash Crisis - 1995Ipperwash Crisis - 1995

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

Ipperwash CrisisIpperwash Crisis

The ensuing The ensuing controversy was a controversy was a major event in major event in Canadian politics, and Canadian politics, and a provincial inquiry, a provincial inquiry, under former Ontario under former Ontario Chief Justice Sidney Chief Justice Sidney Linden, investigating Linden, investigating the events was the events was completed in the fall of completed in the fall of 2006.2006.

Dudley Goerge

Ipperwash - Return of landIpperwash - Return of land

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

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

Statement of Reconciliation 1998Statement of Reconciliation 1998

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

Nunavut - 1999Nunavut - 1999

It took 25 years to It took 25 years to negotiate the negotiate the agreements to bring agreements to bring Nunavut into being. Nunavut into being. The treaty negotiated is The treaty negotiated is regarded around the regarded around the world as an Aboriginal world as an Aboriginal benchmark, benchmark, guaranteeing the Inuit guaranteeing the Inuit majority control over its majority control over its future in self-future in self-government in 1999.government in 1999.

http://archives.cbc.ca/politics/provincial_territorial_politics/topics/108/CBC archives: New territory born at midnight

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

BC Land Claims Referendum - 2002 BC Land Claims Referendum - 2002

April-May 2002April-May 2002Sought to establish Sought to establish principles that would principles that would guide the B.C. guide the B.C. government in future government in future treaty negotiations treaty negotiations with Aboriginal with Aboriginal peoples.peoples.Very controversialVery controversial = Failed= Failed

CBC Archives: Democracy Debatedhttp://archives.cbc.ca/society/native_issues/topics/1238/

Kelowna Accord - 2005Kelowna Accord - 2005

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

Issues to DiscussIssues to Discuss

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