Collective Rights in Canada Quiz

Collective Rights in Canada

• Canada's Charter of Rights and Freedoms encompasses collective rights
• Collective rights are extra rights for specific groups in Canada
• In 1867, Canada was formed with three founding groups: English, French, and First Nations
• These groups were recognized for being the founding peoples of Canada
• Collective rights affirm a group’s identity, like language, traditions, or culture, protected by the constitution
• These rights are unique to Canada
• Francophones and Anglophones also have collective rights

Key Vocabulary

• Francophone: Someone whose first language is French
• Anglophone: Someone whose first language is English
• Aboriginal: The original inhabitants of an area
• First Nations: Aboriginal groups in the provinces of Canada before colonization
• Inuit: Aboriginal group who settled Canada's arctic north
• Metis: A cultural group descended from First Nations and European settlers
• Legislation: Laws passed by the government
• 1982 Constitution Act: The foundational legislation of Canada with rules followed by all other laws
• Section 35 of the Constitution: Defines and affirms the rights of Aboriginal people in Canada
• Indian Act (1876): Defined the relationship between Canada and First Nations, including a policy of assimilation
• Numbered Treaties: Agreements between Canada and First Nations concerning land and taking over First Nation land into Canada
• Reserve: Land set aside for First Nations use
• Assimilation: Becoming culturally like the dominant group

Flowchart of Collective Rights

• A flowchart depicts which groups are entitled to collective rights
• The flowchart shows how different groups have varying levels of involvement in the recognition of their rights
• Multiple branches and connections showcase the connections between different entities, laws, and concepts related to rights
• These connections include Canada's Constitution, various treaties, the Indian Act, and a group’s historical and modern ties to land claims

Section 1: Aboriginal Collective Rights

• Aboriginal rights refer to activities, practices, and traditions of Aboriginal people
• Aboriginal rights were in place before section 35 was written and recognized

Section 35 of the Constitution Act

• This section recognizes and affirms Aboriginal rights
• However, it did not create them—rights already existed prior
• The goal was not to create new rights, but to affirm the preexisting rights
• Aboriginal and treaty rights are guaranteed equally to male and female persons

The Numbered Treaties and Collective Rights

• Numbered treaties are marked on a map of Canada’s provinces to show the time period of their signing.
• There are various aspects and viewpoints of the Numbered Treaties

Treaties

• First Nations perspective: Treaties are partnerships that last forever, based on sharing land, desired to receive help from and peace and protection, with aid
• Government perspective: Treaties were expected to be temporary, with first nations expected to assimilate into Canadian culture, and to move to reserves

Education/Residential Schools

• First Nations perspective: Wanted to add to their existing culture (reading, writing, math, farming) in place when they were first introduced
• Government perspective: Wanted students to become assimilated into Canadian culture by converting to Christianity, removing culture and traditions, forcing them into residential schools

Indian Act

• First Nations perspective: Get what was promised, maintain sovereignty and autonomy
• Government perspective: Assimilation of First Nations, deal with the “Indian Problem”, control of first nations peoples (seen as paternalistic)

Constitution Act - 1982

• First Nations perspective: Maintain Treaty agreements, get collective rights as Aboriginal peoples
• Government perspective: All Canadians should have rights, rid of old treaties and laws (Indian Act), start fresh with a new constitution

Quebec's Bill 101

• Created in 1977, aimed to protect and promote the French language in Quebec
• Quebec was worried about loss of French identity
• The government wanted to establish French as the everyday language of education, business, and government
• Bill 101 established rules where all signs must be in French, and Francophones and immigrants must attend Francophone schools

Rules of Bill 101

• Challenge of #1: Violates freedom of expression for Anglophones
• Challenge of #2: Violates equality rights for Francophones

Section 2: Language Collective Rights

• French and English have equal rights within the federal government
• New Brunswick is a bilingual province; all other provinces are either French or English, there
• Section 23 of the Constitution: minority populations of sufficient size have the right to publicly funded education in their province

History of French in Canada

• Timeline of key events and legislation regarding the French language in Canada, including the founding of Quebec and the Quebec Act.

Minority Language Education

• Francophones in English-majority provinces, and Anglophones in French-majority provinces, have the right to an education in their respective languages
• Education is important for maintaining identity and avoiding assimilation

Section 3: Metis Collective Rights

• Metis collective rights are specific to the Metis people.

Truth and Reconciliation Commission

• Exploration of the Calls to Action from the Truth and Reconciliation Commission (Note: this isn't a section of the Charter, but is a relevant concept for collective rights in action)