65 Questions
What was the purpose of scrip in the Métis context?
To extinguish Métis Aboriginal title
In what manner were the Métis dealt with in relation to the extinguishment of title through scrip?
On an individual basis
When was scrip first implemented in Manitoba?
1870s
What were the options available to Métis applicants through scrip?
Land or money, in the form of a certificate redeemable for either acres or dollars
What was the purpose of the papal bull Inter Caetera issued by Pope Alexander VI in 1493?
Granting Spain the right of conquest over lands explored by Columbus and any future non-Christian territories discovered by Spanish explorers
What did Chief Justice John Marshall note in the US Supreme Court case of Johnson v. McIntosh in 1823?
European colonizers had assumed dominion over North and South America during the Age of Discovery
What did the doctrine of propaganda fide aim to do?
Convert conquered people to Christianity
What did the US Supreme Court rule in the case of Johnson v. McIntosh regarding the right of possession of the Americas?
The United States had inherited the right of possession from the doctrine of a fifteenth-century pope
What was the significance of the papal bull Romanus Pontifex issued by Pope Nicholas V in 1452?
Declared war against all non-Christians and sanctioned their conquest, colonization, and exploitation
What did the doctrine of the discovery doctrine assume according to Chief Justice John Marshall?
European colonizers had assumed dominion over North and South America
What did the US Supreme Court rule regarding the rights of indigenous peoples in the case of Johnson v. McIntosh?
Indigenous peoples lost their rights to absolute sovereignty but retained a right of occupancy in their lands
What was the aim of the colonizing powers in claiming possession of the Americas?
Impose their belief in the superiority of Christianity and its adherents
What is the basis for the duty to consult in Aboriginal law?
Aboriginal title
What does Aboriginal title refer to?
The inherent right to land, derived from historical occupation and use
What are usufructuary rights in relation to Indigenous Peoples?
Rights allowing Indigenous use of Crown-owned lands
Which case established a limited 'usufructuary' right for Indigenous Peoples?
St Catharines Milling and Lumber Co. v. The Queen
What does appropriation involve?
All of the above
How did increased hunting, trapping, and fishing regulations after WWII affect Indigenous livelihoods?
Marginalized Indigenous livelihoods
How did labor placement programs affect Indigenous women?
Exploited Indigenous women, perpetuating harmful stereotypes and discrimination
What did the exploitation of labor and denigration of sexuality reinforce?
Systemic discrimination against Indigenous women
What does appropriation involve within urbanization and labor programs?
The unfair and harmful exploitation of Indigenous women's labor and sexual dignity
What was the cause of the 1870 Resistance by the Métis?
Grievances over land title and political representation
What was the impact of the Manitoba Act of 1870 on Métis land rights?
Aimed to extinguish them through land grants
What dilemma did Métis face during the Numbered Treaties negotiations?
All of the above
What led to many Métis families selling their Scrip for less than its worth?
Both B and C
What significant impact did the Battle of Batoche have on the Métis?
Dispersal to other settlements and an influx of non-Indigenous settlers
What happened to many Métis who retained their Scrip lands during the 1930s depression?
Lost them due to property tax forfeiture
What did the government offer to the Métis during the Klondike gold rush?
$240 in cash or 240 acres of land
What was the initial attempt regarding the transferability of Scrip?
Officials tried to make Scrip non-transferable
How was Scrip's value affected after 1900?
Both A and B
What is the size of Nunavut in square kilometers?
2.2 million
What percentage of Nunavut's population is comprised of Inuit?
85%
When was the idea of creating a northern jurisdiction administered in collaboration with the Inuit first proposed?
Post-WWII
What event in 1985 unexpectedly supported the initiative to create a self-governing territory in the Canadian North?
The United States sent the Polar Sea through the Northwest Passage without Canada's permission
When did the Northwest Territories endorse the idea of creating Nunavut?
1992
When was the Nunavut Land Claims Agreement Act passed?
1993
What style characterizes Nunavut's unique government?
Public government
What type of decision-making process does Nunavut incorporate?
Consensus-based decision-making
What are some challenges faced by Nunavut?
Training of lawyers and administrators, poverty, and high unemployment
What did the proposal for the establishment of Nunavut reflect?
A desire for an Inuit jurisdiction within the federal framework
What was the focus of the negotiations for the establishment of Nunavut?
Details of the land claims agreement and the establishment of Nunavut through political avenues
What is the meaning of Terra nullius?
Empty land devoid of lawful human settlement
What was the ruling in the St Catharines Milling Company v The Queen case regarding Indigenous Peoples' land rights?
Recognition of right of occupancy, but not title to the land
What was the concept of 'terrae nullius' used to justify during the colonial expansion period?
Colonial expansion based on the supposition of unoccupied lands
What was the rationale behind the assertion of 'terrae nullius' by Europeans regarding Indigenous lands?
Lands unoccupied by Christians lacked legitimate governance
What was the basis of Justice Donald Steele's ruling in the Attorney General of Ontario v. Bear Island Foundation case?
The British Crown's rights in Canada through conquest
What was the perspective of Justice Donald Steele regarding the occupation of land by First Nations in the Attorney General of Ontario v. Bear Island Foundation case?
Their occupation couldn't be considered legal due to the 'primitive level' of organization
What concept was the decision in the Attorney General of Ontario v. Bear Island Foundation case consistent with?
Terra nullius
What did John Alexander Boyd believe regarding Treaty Three?
It was legally meaningless
What was the legal scholar Kent McNeil's explanation for the decision in the Attorney General of Ontario v. Bear Island Foundation case?
The common law constructed by upper-and middle-class Anglo-Saxon men
What was the focus of the case of Attorney General of Ontario v. Bear Island Foundation?
The claim to lands by the Teme-agama Anishnaabe
What was the pivotal addition to the Canadian Constitution Act of 1982?
Recognition of Aboriginal and treaty rights
What was the key outcome of the 1982 constitution for Indigenous peoples?
Acknowledgment of 'existing' Aboriginal rights without explicit definitions
What does constitutional patriation signify for a country?
Transfer of authority to amend the country's constitution to the country itself
What was the primary role of Indigenous leaders during the journey to patriation?
Advocating for the inclusion of Aboriginal rights in the constitution
Who bears the obligation to ensure consultation and accommodations with Indigenous nations?
Federal government
What did the 1982 Constitution Act mark for the Métis?
A significant shift in recognizing Métis identity
Who has legislative responsibility for Métis and non-status Indians as established in the 2016 Daniels v. Canada decision?
Federal government
What did the court clarify in the Delgamuukw case?
Aboriginal title as the exclusive right of Indigenous Peoples to the land
What did Pierre Trudeau's government introduce policies for negotiating?
Comprehensive claims
What did the Meech Lake Accord aim to recognize?
Quebec with special status
What did the 1982 Constitution Act reaffirm?
The Royal Proclamation of 1763
What did the Daniels v. Canada decision grant Métis and non-status Indians?
The same rights as status Indians under the Constitution Act of 1867
What did the 1982 Constitution Act incorporate into section 35?
The term 'Métis'
What did the 1982 Constitution Act solidify for the Métis?
A clear legal distinction between Indian and Métis
Study Notes
Creation of Nunavut and Its Impact
- Nunavut was created on April 1, 1999, marking a significant moment in Canadian history, separating it from the Northwest Territories.
- Nunavut covers over 2.2 million square kilometers, constituting more than a fifth of Canada's total surface area, making it the largest land claim settlement in the country.
- The Inuit surrendered Aboriginal title but gained ownership of 350,000 square kilometers, equivalent to half the size of Saskatchewan, making it the largest private landholding in North America.
- The Inuit, comprising 85% of Nunavut's population, received official languages, a flag, and a cash settlement of $1.17 billion over 14 years as part of the agreement.
- The idea of creating a northern jurisdiction administered in collaboration with the Inuit emerged post-World War II and gained traction in 1978.
- The initiative to create a self-governing territory in the Canadian North gained unexpected support when the United States sent the Polar Sea through the Northwest Passage without Canada's permission in 1985.
- In 1992, the Northwest Territories endorsed the idea with a 54 to 46 percent majority in a plebiscite, leading to the signing of an accord that same year for the creation of the new territory.
- The creation of Nunavut took its final form with the passage of the Nunavut Land Claims Agreement Act in 1993, comprising 42 chapters addressing various political and environmental rights of the Inuit.
- The Nunavut government was established in 1999 after a transitional period, characterized by a unique "public government" style that incorporates elements of the elective provincial model but with increased decentralization.
- Nunavut's decision-making process incorporates Inuit practices, such as consensus-based decision-making, and the justice system is influenced by Indigenous traditions in collaboration with the Royal Canadian Mounted Police.
- Nunavut faces challenges such as training of lawyers and administrators, housing shortages, poverty, high unemployment, and labor unrest, but evidence by 2017 showed positive impacts from the Nunavut Economic Development Strategy.
- The proposal for the establishment of Nunavut reflects a strong desire for an Inuit jurisdiction within the federal framework, and negotiations proceeded with parallel tracks focusing on the details of the land claims agreement and the establishment of Nunavut through political avenues.
Test your knowledge of the creation and impact of Nunavut with this quiz. Explore the historical, political, and cultural significance of the establishment of Canada's largest territory and its implications for the Inuit people.
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