Grade 9 Applied Geography – Strand E
First Nations – Treaty Process
1. Read pages 177-184 in your textbook Making Connections.
2. Using the glossary of the textbook and the information provided, define the following terms in the your owns
· Treaty
· First Nation
· Aboriginal
· Reserve
· Residential schools
· Self-government
· Assimilation
· Comprehensive Treaty
3. Answer Questions 1, 2, 4 and 8 on pages 184-185
What is First Nations?
First Nations is a common title used to Canada to refer to those people who are decedents of the original inhabitants of Canada. First Nation describes the various societies of indigenous peoples of Canada WHO ARE NOT of Inuit or Métis descent. The collective term for all three groups is Aboriginal peoples in Canada or First Peoples.
Alongside English and French, First Nations peoples are identified in the Canadian Constitution as one of the founding nations of Canada.
The First Nations of Canada are represented by the Assembly of First Nations.
Why an Assembly of First Nations?
excerpts from
· the Assembly of First Nations web page at www.afn.ca
· Smart, Stephen and Michael Coyle (ed.). 1997. Aboriginal Issues Today: A Legal and Business Guide. Self-Counsel Press. Vancouver.
When the French first colonized Canada in now what is Quebec, they signed Friendship and Peace Treaties with the Native people to establish trade routes, build friendly relationships and acquire land. Similar treaties were negotiated by the English. These treaties (e.g., 1752 Mi’lmaq of Nova Scotia) included Aboriginal rights to hunt and fish. NOTE: The validity of this right was upheld in a 1985 Supreme Court ruling. QUESTION: Does this treaty confer the right of an Aboriginal to carry a rifle and ammunition for hunting in a “hunt-restricted” area and during a period prohibiting hunting?
When the British conquered the French and claimed all French North American territory for Great Britain, they also enacted the British Royal Proclamation of 1763 to stabilize relations between the British and First Nation peoples. In effect, the Proclamation regulated trade, land purchases and settlement. The Proclamation also established that First Nations peoples had certain rights to the lands they occupied, these land right must be respected, and if desiring, First Nations people would receive a “fair repayment” for land if they surrendered it to the British authorities. Payment was often land called a reserve. Moreover, the Proclamation assured fishing and hunting rights. The Royal Proclamation did not include all land in Canada (e.g., British Columbia was excluded).
The Indian Act was proclaimed in 1876 to hasten the transfer of land from First Nations to the newly formed Government of Canada. It also granted exclusive authority to legislate and control "Indians and Lands Reserved for Indians” to the Government of Canada. The Indian Act introduced many discriminatory practices and requirements.
· The 1927 Indian Act made it illegal for Aboriginals people to form political organizations. This action prevented Aboriginals from using their traditional system of government and replaced it with a "band council" system.
· The Indian Act stopped Aboriginal peoples from speaking their native language or practicing their traditional religion. Aboriginal children attending residential schools were often severely punished for uttering even a single word of their native language. Religious ceremonies such as the Potlatch were made illegal.
· All actions on a reserve were administered by an Indian Agent…an employee of the Government of Canada.
· Aboriginals were forced to carry identification cards to move to and from their reserves.
· Aboriginals could become full Canadian citizens if relinquished all ties to their Native community…including culture and land. This action was intended to force First Nations assimilation into the dominant white culture, but it failed. It was removed, and in 1960, Aboriginals were allowed to vote as citizens. For this reason, many Aboriginals do not have Canadian passports or vote in elections.
· The Indian Act prevented Aboriginals from owning or selling reserve land.
In addition, the Indian Act was the primary tool of the Government of Canada to negotiate and sign treaties with Native groups. Under some treaty agreements, First Nation peoples received cash, annual payments along with promises of hunting and fishing rights. Treaties for nearly 50 percent of Canada’s land mass were signed.
In 1968, the Government of Canada introduced its White Paper which called for the assimilation of all First Nation peoples into the mainstream of Canadian society, and the removal of First Nations from the Canadian Constitution. To defeat this proposal, the National Indian Brotherhood (NIB) was formed. By 1972, the NIB had successfully introduced the idea of self-government. However, the NIB did not truly represent the represent the diversity of all Native groups in Canada. In 1982, NIB restructured its organization to become more accountable to all First Nations peoples and continue to represent First Nations peoples in their efforts to gain equality. NIB reformed as the Assembly of First Nations.
Modern Treaties had been negotiated. Modern Treaties cover land not included in historical treaties. These included the 1975 James Bay and Northern Quebec Agreement and the Nunavut Final Agreement.
Finally, native rights were recognized in the 1982 Constitution Act.
Even with leadership from the Assembly of First Nations, First Nations peoples have to deal with conditions of extreme poverty and isolation, discrimination and exploitation, vast geographical dispersion, as well as tremendous diversity of aboriginal cultures, languages, and political ideologies. These problems have led to unrest, anger (e.g., Oka in 1990) and, in some cases, acts of civil disobedience (e.g., CN Rail blockage by Tyendinaga Mohawks of the Bay of Quinte in 2007
What has gone wrong?
· Loss of Land and Economic Base
First Nations gave up enormous tracts of land in the treaty process. The reserves were often small with limited resources. Native people could not maintain their traditional ways of living. This has resulted in high levels of unemployment and poverty, and as a result, overcrowding, domestic issues and hunger.
· Lack of Self Government
The Indian Act did not allow First Nations the opportunity or right to govern their own lives. Moreover, First Nations peoples were not recognized as Canadian citizens; rather, they were wards of the state. Instead of growing within Canada, First Nations peoples became disenfranchised as they lost control over their own destinies.
· Loss of Identity
The Indian Act made many Native ceremonies illegal. Native spirituality was lost. As well, many Native children were forced to attend residential schools. In 1928, the Government of Canada funded Church-run residential schools. The schools were supposed to prepare Native children for life in a white society. Many children were subjected to physical, sexual and emotional abuse. They were severely punished if they spoke their own language or practiced their customs. At the peak, there were over 130 residential schools. The last school closed in 1996. Today, First Nation people are seeking financial compensation for alleged physical and sexual abuse, cultural loss, breach of treaty, loss of education opportunity, forcible confinement and poor living conditions at the schools.
Treaties Today
In 1973, the Supreme Court of Canada directed Governments of Canada and its provinces to review the treaty process and seek avenues for First Nation self-government.
In 1982, the repatriated Canadian Constitution formally recognized the right of self-government…albeit, the term was not defined.
From these actions, two types of Land Claims were developed.
· Comprehensive Treaty – A first time treaty. It deals with land ownership, hunting-fishing-trapping rights, self-government, financial compensation and control of resources. They often involve large tracts of land (e.g., Nisga’a Treaty). It is a negotiation and treaty outcome that pertains to the TITLE (i.e., ownership) of the land.
· Specific Claim – A change to an existing treaty. The outcome is often payment for land. A Specific Claim involves a negotiation and settlement where there has been an alleged violation of a specific obligation to an Aboriginal community (e.g., illegal expropriation of Aboriginal land, withholding of service) by the federal or provincial governments.
Land Claims do NOT represent special treatment for Aboriginals. Land Claims are NOT an attempt to address some sense of entitlement or dissatisfaction in Aboriginal communities regarding their position in Canadian society. Land Claims are NOT an effort to correct past treatments or events. Land Claims are NOT about cultural, social or spiritual beliefs of Aboriginals regarding their relationship to land.
Rather…
Land Claims are based in Canadian legal principles. Claims are based on existing laws and agreements (e.g., Indian Act, Royal Proclamation of 1763). For example, title to the land must be clearly demonstrated. It is this requirement that slows the pace of claims.
QUESTION: “Do treaty rights prevail over Provincial legislation?”
Taxation
· Why are Aboriginals tax exempt?
· What are the challenges facing First Nations seeking to provide services via tax revenues?
The 1850 Canada Act noted “…no taxes would be levied or assessed on any Indian, person married to an Indian or Indian Land.” Moreover, the 1899 Treaty 8 covering parts of British Columbia states “…the Treaty would not lead to any interference with their mode of life (and) that is did NOT open the way to imposition of tax. These ideas were maintained in the consolidated 1876 Indian Act which also exempts personal property (Section 87)…interpreted to mean income earned on a native reserve. Tax exemption was restated in Modern Treaties such as the 1975 James Bay Agreement. Thus, tax exemption was negotiated and based in Canadian legal principle. It is not a gift or special treatment.
NOTE: The Government of Canada maintains that tax exemption is TRANSCIENT. That is, tax exemption is removed once the Aboriginal is “civilized and assimilated.”
Given the range of services required in a fully functioning First Nation and the limited opportunities to raise tax revenues internally (e.g., population, levels of employment), would a First Nation want its tax exemption status removed?
FIRST NATION CHALLENGES
· The various Indian Acts were very restrictive. The 1876 Act outlawed First Nation cultural and religious ceremonies. The 1927 Act did not provide Aboriginal People with the right to vote. The 1927 Act also established the Superintendent of the Department of Indian Affairs as the manager of all First Nation affairs. To gain rights, Aboriginal People had to give up Indian status. In other words, they could not improve their lives and retain their culture.
· The Government attempted to assimilate Aboriginal Peoples into the dominant white culture via residential schools. The action created numerous social, cultural and economic problems. The problems persist today.
· After WWII, many white Canadians moved into the north to develop mines and oil field, and build hydro dams and pipelines. Aboriginal People feared these developments on their land.
· Post-WWII, aspects of the Indian Act were changed.
· In 1949, non-status Indians gained the right to vote. In 1951, Aboriginal women gained the right to vote in band elections. Many First Nations did not want to vote because the vote was seen as another attempt to assimilate Aboriginal People into the white culture.
· During the 50s, Indian bands gained the right to administer their own funds.
· In 1951, Aboriginal children were allowed to attend public schools, although residential schools remained active until 1968.
· In 1951, bans on ceremonies such as the Potlatch and the Sun Dance were removed.
· In 1960, the National Indian Advisory Council was formed. It represented status, non-status Indians and Metis. Many of the goals of these groups were different, and in 1968, the status Indians formed a separate group called the National Indian Brotherhood, which became the Assembly of First Nations in 1980.
· In the 60s, bands formed their own police forces and managed their own public works (e.g., sewers, roads, water)
· By the end of this period in Canadian history, the First Nation message was “Give us the right to manage our own affairs.”
Use your textbook to complete this table
Treaty / Key Aspect / Some Outcomes – Your ThoughtsRoyal Proclamation of 1763 / · Land ownership rights of First Nations must be ______
· If a First Nation gave up its land, it should receive ______
Indian Act / · Required to give up ______for land ______.
· Persuaded to move to ______
· Native Peoples were to receive ______, ______to reserve members and ______
· Promises of continuing ______and ______
· Government of Canada decided who ______were.
· The ______was the decision-making organization created
· The government made ______on behalf of Native Peoples
· Native banned from ______to pursue land claims
· Native People did not have the right to ______in federal elections
·
Nunavut / · Nunavut means ______
· ______of the people are Inuit
· The Nunavut land claim agreement aimed to provide ______on which the people of the territory could ______.
· Inuit were given:
1. Ownership of about ______km2 of land (a bit less than ______of the territory
2. Equal ______with the government on a number of ______that are to control ______, ______and ______.
3. The right to ______and ______on the settlement land.
4. A capital fund of ______to be paid over a ______period.
5. Preference in the ______of many resources.
6. The creation of three new ______.
7. The creation of a form of ______.
First Nations – A Perspective
Outline
· Ask students to provide one word impressions of Aboriginals and record on the board. Hopefully, some stereotypes will be provided (e.g., long hair, dirty, fat, alcoholic). Discuss these ideas.
· Cut up the cards
· Divide the class into two groups: (1) Idea and (2) Outcome
· A member of group Idea reads Idea Card 1.
· A member of group Outcome reads the corresponding Outcome Card 1.
· Teacher provides additional information to complete the information
· Repeat process for all 12 cards
· Summarize
· Ask questions
1. Do Aboriginal Canadians have a right to be angry?
2. Does their angry justify disobedience such as putting a bus across Highway 401, barricading major transportation routes (e.g., railway lines) or disrupting logging trucks