Collective Rights in Canada

Collective Rights in Canada

• Collective rights are guaranteed to specific groups in Canada due to historical and constitutional reasons
• These groups include Aboriginal groups (First Nations, Métis, Inuit), and Official Language Groups (Anglophones, Francophones)
• Collective rights differ from individual rights, as they are based on belonging to a particular group, rather than being inherent to all individuals
• Collective rights recognize founding peoples of Canada, whose contributions are essential to Canada's existence
• Affirming collective rights of Aboriginal peoples involves stating them as fact, expressing agreement or commitment, and recognizing their historical role as founding peoples of Canada.

Royal Proclamation of 1763

• Issued by King George III of England, this proclamation outlined the division of lands in North America following the Seven Years' War
• This act gave all French lands in Canada to the British
• The proclamation recognized First Nations' rights to lands west of the Appalachian Mountains
• It also gave the British the ability to legally obtain land from First Nations through treaties
• The proclamation angered American colonists, contributing to the American Revolution

Different Policies

• Canadian policy regarding Aboriginal lands must respect the Royal Proclamation, allowing land acquisition only through negotiation and treaty signing
• The American policy toward Aboriginal lands no longer required adherence to the promises in the Proclamation; although they still attempted peaceful settlement and offered reserves.
• These differing policies often led to conflicts between American and Canadian interests, along with conflicts between different Indigenous communities

Numbered Treaties

• Numbered treaties are historic agreements that affect the rights and identities of some First Nations in Canada
• There are 11 numbered treaties in total
• Some treaties, such as 6, 7, and 8, have significant impacts on the province of Alberta

General Terms of Treaties

• Treaties often outlined the right to live on reserves, offering a traditional lifestyle
• Treaties often included annuity payments
• Some treaties involved yearly sums of money paid to Indigenous communities
• Agreements often addressed rights to education, farming, hunting, and fishing.

Perspectives on Treaties

• First Nations: Faced challenges including buffalo disappearance, end of the fur trade, pressure from European settlers, and disease. Often signed treaties without understanding, needing government assistance, and not recognizing land ownership. First Nations often recorded these treaties in their own language.
• Canadian Government: Desired more land, wanted to bring in settlers, and prioritized peaceful treaty negotiations. They believed First Nations were giving up their land under the treaties and recorded them in writing

Specifics of Treaties (Treaty 6, 7, 8)

• Specifics of each treaty vary, addressing distinct Indigenous groups and territories. These include the treaties' timing, groups involved, and territories affected. The specifics address matters such as medicine chests, guarantees of assistance in times of famine or disease, treatment of people opposed to signing, and land disputes. They cover practical details and specific obligations.

Indian Act

• Created in 1876, this act gave the federal government exclusive power over Indigenous peoples and lands
• It established the Department of Indian Affairs and designated agents to represent the government and make decisions within each reserve
• This act originally aimed at assimilating First Nations peoples, with restrictions on their mobility, political rights, traditional clothing, celebrations, and access to education
• The act also led to residential schools to assimilate First Nations children
• The act defined status Indians
• The act continues to affect Indigenous peoples today

Residential Schools

• Government-run schools aimed to assimilate Indigenous children
• Children were often removed from families and forbidden to speak their native languages
• These schools frequently involved physical, emotional, and sexual abuse
• The government formally apologized for the residential schools in 2008

Truth and Reconciliation Commission

• The Truth and Reconciliation Commission was created to investigate the abuses and legacy of residential schools
• It issued calls to action to address the harm done to Indigenous peoples and reconcile relationships.

Idle No More

• A grassroots Indigenous activist movement that emphasizes indigenous rights to self-governance, environmental protection, respect for treaties, and addressing missing and murdered Indigenous women.