Issues for Canadians Chapter 4 PDF

Issues for Canadians Chapter 4 CHAPTER 4 To what extent has Canada affirmed collective rights? affirm: to validate and Have y...

Issues for Canadians Chapter 4 CHAPTER 4 To what extent has Canada affirmed collective rights? affirm: to validate and Have you ever thought about what makes Canada unique? What express commitment to makes Canada different than other countries, such as our close something neighbour to the south, the United States? collective identity: the Here’s one thing that makes Canada unique: collective rights. shared identity of a group Collective rights belong to groups of people and are entrenched in of people, especially because of a common Canada’s constitution. The purpose of collective rights is to affirm language and culture the collective identity of groups in society and to create a society where people of different identities belong. collective rights: rights guaranteed to specific Collective rights are part of the dynamic relationship between groups in Canadian Canada’s government and Canadian citizens. Throughout Canada's society for historical and history, laws that affect collective rights, and the promises of the constitutional reasons. These groups are: government to uphold them, have created opportunities and Aboriginal peoples, challenges for Canadians. including First Nations, This chapter presents some history about collective rights in Métis and Inuit peoples; Canada. As you read, evaluate how effectively laws have affirmed and Francophones and Anglophones. collective rights over time. Consider what implications this history has for Canadian citizens today. This is the cliff at Head- Smashed-In Buffalo FOCUS QUESTIONS Jump in southern What laws recognize the collective rights of First Nations peoples? Alberta. Aboriginal peoples of the plains — What collective rights do official language groups have under in particular, the Siksika, the Charter? Kainai and Piikani — What laws recognize the collective rights of the Métis? used the jump for thousands of years. Aboriginal peoples have a unique place in Canada as the first peoples of this land. How do the collective rights of Aboriginal peoples recognize this? 118  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? Based on these photographs, what challenges and opportunities do collective rights create for Canada? Wilma Jacknife is legal counsel for Cold Lake First Nations in Alberta. She works for the recognition of her people’s Treaty rights in the economic development of the Cold Lake region — rights set out in Treaty 6, one of the Numbered Treaties Canada negotiated with First Nations in the 1800s. Think critically: What might Treaties mean for citizenship in Canada today? This photograph shows celebrations to mark the opening of Métis Crossing in 2005, a historic site near Smoky Lake, Alberta, dedicated to the collective identity of the Métis. This chapter explores the history connected to Métis’ identity and collective rights. Think critically: To what extent is knowing history a responsibility that comes with citizenship? The students in this photo attend Francophone schools in Alberta. They have gathered in front of “L’empreinte francophone” (“The Francophone Imprint”), a sculpture that celebrates the history and identity of Franco-Albertans. The sculpture is on the grounds of the Alberta Legislature. The photo was taken on the day the sculpture was officially unveiled, in June 2007. Chapter 4 explores the collective rights of official language groups in Canada, including the collective rights reflected in Alberta’s Francophone schools. Think critically: In what way do Francophone schools assert the citizenship of Francophones in Canada? How do they affect the responsibilities of all Canadian citizens? 119 Issues for Canadians Chapter 4 Create a display for an exhibit on collective rights in Canada. Yo u r R o l e The Canadian Museum of Civilization is planning an exhibit on collective rights in Canada. The exhibit, called “Collective Rights: Past and Present,” will illustrate the impact of collective rights on citizenship and identity in Canada today. The museum is looking for your contribution to the exhibit. Your role is to create an interactive display that answers the question: How has collective-rights legislation over time shaped who we are as Canadians? Yo u r P r e s e n t a t i o n Your display should reflect: An understanding of the historical context surrounding legislation that affirms collective rights in Canada. An analysis of how collective rights have, over time, shaped Canadians’ unique sense of identity. As you work through the chapter, think about what you would put in your display. Some displays have charts, written text, or pictures illustrating the information. Others have sound recordings or a multimedia presentation. Think about what you will use to illustrate your ideas about collective rights in Canada. What do you already know about Canadian history that you can apply to these stamps? Why do you believe Canadians want to commemorate These stamps commemorate the link between events in Canada’s history that history and these reflect the identities of identities? Francophones, First Nations peoples and the Métis. 120  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? L e t ’s g e t s t a r t e d ! Part of your task is to analyze the impact of collective rights on the identity of Canadians as a whole. Not all countries have legislation that protects and affirms collective rights. As you work through the chapter, look for information to help you answer the questions below. What are collective rights? What legislation establishes the collective rights of groups in Canada? Why do some groups have collective rights and not others? Why are collective rights important to all Canadians? How do collective rights, in the past and today, define who we are as Canadians? You could write each of these questions on a separate piece of paper, where you add notes and information as you read. Your notes could be a list or a mind map. 121 Issues for Canadians Chapter 4 YOU DID B e f o r e Yo u G e t S t a r t e d KNOW? FAQ: COLLECTIVE RIGHTS Collective rights set Canada apart from other What are collective rights? nations. For example, no In this chapter, collective rights are rights held by groups groups (peoples) in the (peoples) in Canadian society that are recognized and United States have protected by Canada’s constitution. rights recognized in the American constitution. Collective rights are different than individual rights. Every Canadian citizen and permanent resident has individual rights Collective rights reflect under the Charter of Rights and Freedoms, such as the right to the idea of mutual live anywhere in Canada. Collective rights are rights Canadians respect among peoples. hold because they belong to one of several groups in society. This idea has a long history in Canada. Who holds collective rights in Canada? For example, it shaped the Great Peace of Aboriginal peoples, including First Nations, Métis and Montréal in 1701, Inuit peoples. among thirty-nine First Francophones and Anglophones. Nations and the French. Why do some peoples have collective rights and not others? Based on the facts on this Collective rights recognize the founding peoples of Canada. Canada would not exist today without the contribution of page, why these peoples. are collective rights important to all Collective rights come from the roots of Aboriginal peoples, Canadians? Francophones and Anglophones in the land and history of Canada. What legislation relates to collective rights? Indian Act Historic and Modern Treaties Collective Rights Francophones First Nations Aboriginal and Canada’s Peoples Anglophones Constitution Canada’s The Métis The Inuit Modern Constitution Treaties Canada’s Modern Canada’s Manitoba Act Constitution Treaties Constitution 122  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? What laws recognize the collective rights of First Nations peoples? First Nations: the umbrella WHAT’S IN THIS SECTION name for the diverse Aboriginal peoples who have collective In this section you will read about the legislation that affects the rights that are recognized and collective rights of First Nations peoples. You will find: protected in Canada’s constitution. The constitution Facts and data about the goals of the Numbered Treaties. refers to First Nations as Perspectives on how the Numbered Treaties have been “Indians,” in keeping with the name used at the time of interpreted over time by First Nations groups and Canada’s negotiating Treaties. government. Indian: Europeans used the Examples of modern Treaties that establish collective rights for word Indian to describe the Aboriginal peoples, including Inuit and Métis peoples. First Nations of North America, A description of the goals of the Indian Act. although these peoples were diverse and had names for A news article about issues related to changing the Indian themselves. Many First Nations Act today. prefer not to use the word Indian to describe themselves. What are you looking for? As you read the section, look for: How past circumstances in Canada’s history have influenced interpretations of Numbered Treaties. The ways First Nations and government have interpreted Treaties over time. How the Indian Act attempted to define and assimilate First Nations peoples. How First Nations peoples exercise their collective rights and preserve their identities. These students are members of the Pikangikum First Nation in Ontario. Think critically: What legislation could affect their identity? What opportunities and challenges does it pose for their future and the future of all Canadians? 123 Issues for Canadians Chapter 4 W h a t a r e t h e N u m b e r e d Tr e a t i e s ? sovereignty: independence The Numbered Treaties are historic agreements that as a people, with a right to affect the rights and identity of some First Nations self-government in Canada. The Numbered Treaties have roots in the Royal What can you Proclamation of 1763. Britain made the proclamation at the learn about the end of the Seven Years’ War, as it sought to establish Numbered Treaties control over lands in North America formerly claimed by from this map? Identify France. The proclamation recognized First Nations’ rights to three facts related to their land, and established the principle of making treaties with location and dates. First Nations through peaceful negotiation. Identify a question posed Other laws also affect the collective rights of First Nations, by the map that would including the Indian Act and section 35 of the constitution. require further research. You can read more about the Indian Act on pages 100 and 137, and more about section 35 on pages 134 and 156. The Numbered Treaties This map shows modern provincial Arctic N and territorial W Ocean boundaries that E S did not exist when First Nations and Canada negotiated the Numbered Treaties. We have included them here to orient you. TREATY 11 1921 TREATY 8 1899 TREATY 10 Pacific 1906–1907 TREATY 5 1875 Ocean TREATY 6 TREATY 7 1876–1899 TREATY 9 1877 1905 TREATY 4 1874 TREATY 3 1873 TREATY 2 TREATY 1 1871 1871 Atlantic 0 500 km Ocean DID YOU KNOW? The collective rights of First Nations, Métis and Inuit peoples are a work in progress. Negotiations between Aboriginal peoples and Canada’s government continue today, including negotiations to establish modern Treaties and to clarify rights related to the sovereignty of Aboriginal peoples. 124  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? The Numbered Treaties were agreements between the Queen annuity: an annual payment. and First Nations. Under the Numbered Treaties, annuities are First Nations agreed to share their lands and resources in peace. mostly symbolic today. Canada’s government agreed to terms covering First Nations’ For example, the members of Treaty 8 each receive education, reserves, annuities and other matters. The terms differ $5.00 per year. from Treaty to Treaty. (See the chart below.) reserve: land for the exclusive For First Nations, the Numbered Treaties are sacred — nation-to- use of First Nations nation agreements, solemnly made, that cannot be changed without their agreement. Treaty rights and citizenship go together for First Nations now, in the past and into the future. Terms of Treaties 6, 7 and 8 This chart summarizes the terms in the written versions of the major Numbered Treaties in Alberta. Payments, Hunting and Farming Annuities and Health Care Education Fishing Rights Reserves Assistance Special Benefits Treaty 6 (1876–1899) ✓ ✓ ✓ ✓ ✓ ✓ Treaty 7 (1877) ✓ ✓ ✓ ✓ ✓ Treaty 8 (1899) ✓ * ✓ ✓ ✓ ✓ * Mentioned in the written report of the negotiations, but not mentioned in the written terms of the Treaty. DID YOU KNOW? Not all First Nations peoples signed Treaties. Their collective rights are affirmed in section 35 of the constitution. You can read more about the constitution and section 35 on pages 134 and 156. To what extent do you believe it’s important to follow up on agreements? Think of a situation in your own life where you have reached an agreement with someone. Our Elders view the Treaty as something that is sacred. It is an agreement between the First Nations in this region and her Majesty the Queen — so, the people of Canada. We saw it as a way to live in harmony with European settlers, and to share the land and its resources. Treaty 8 is fundamental to our people. — Elder Paul Eugene Beauregard, Bigstone Cree Nation, Alberta, October 2007. We had our own government and laws before the arrival of Europeans, and we lived in harmony with Mother Earth. We signed the Treaty to live in harmony with the people of Canada and their government. To us, this makes all the people of Canada Treaty people, just as we are. The Treaty is forever: for as long the as the grass grows, the water flows and the wind blows. — Elder Bruce Starlite, Tsuu T’ina First Nation, Alberta, January 2008. 125 Issues for Canadians Chapter 4 First Nations in the west and Canada negotiated the Numbered Treaties for many reasons. Canada wanted to build a railway to link the province of British Columbia to the rest of Canada and to open the west to immigration. B.C. joined Confederation on condition that Canada would build the railway. This photo shows railway workers in the 1890s, a few years after the railway was complete. First Nations and Canada’s government wanted to avoid war. Just to the south, Aboriginal peoples and the United States were fighting wars over territory. This photo shows the graves at the site of the Battle of the Little Bighorn in what is today Montana, where more than 100 Aboriginal and 250 American soldiers died in 1876. First Nations wanted to secure their future. They were facing economic and social upheaval from smallpox epidemics, the eradication of the buffalo, the end of the fur trade, and the pressures of European settlement. This photo shows buffalo bones collected on the Canadian prairies in the 1880s and 1890s. The Royal Proclamation of CRITICAL 1763 recognized the rights of First Nations to their lands in THINKING parts of North America claimed C H A L L E N G E In by the British. Britain issued the what way did the Numbered Royal Proclamation after it Treaties acknowledge the past? defeated France in the Seven Years’ War and became the dominant In what way did they respond 126 colonial power in North America. to events of their time?  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? Perspectives play a role in the interpretation of the Treaties. Canada’s government believes First Nations gave up their land under the Treaties. Many First Nations disagree, especially since their worldviews do not think of land as something anyone can “own” or “give up.” To us, the land is a legacy, not a commodity. It is every part of our culture. The land from which our culture Gabriel and Clemence Anderson springs is like water and air. It is one and indivisible. — Gabriel and Clemence Anderson, Elders, Bigstone Cree Nation (Treaty 8). Translated from Cree by Darrell Anderson Gerrits (Osaw Maskwa), 2005. First Nations recorded the Treaties in their oral CRITICAL THINKING histories in their own languages. Canada’s C H A L L E N G E How does government recorded the Treaties in writing in the way you understand English. The oral and written records disagree on the past affect the way you key aspects of the Treaties. understand groups in society today? How do perspectives affect understandings of the past? This is Darlene Littlebear-MacIntosh of the Onion Lake First Nation in Alberta, which is located fifty kilometres north of Lloydminster and straddles the Alberta- Saskatchewan border. Darlene LIttlebear- MacIntosh takes care of the talking sticks — the oral record — of Treaty 6 for her people. Each talking stick corresponds to a provision in the written Treaty, with one exception. The first stick, considered the most important, describes Treaty 6 as an agreement between First Nations and the Queen of Britain, who represented the people of Canada. Thinking critically: How does the first stick demonstrate a First Nations perspective on the Treaties? The written record of Treaty 6, shown here, is in English, but the treaty negotiations took place in several languages and relied on interpreters. Thinking critically: Why might an English record differ from a record in another language? 127  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? 2007 A Perspective from Treaties 6, 7 and 8 The chiefs of Treaties 6, 7 and 8 took out full- page advertisements in Alberta newspapers to mark the Aboriginal Day of Action on June 29, 2007. The advertisements stated that: First Nations negotiated the Treaties to share the land, so that First Nations peoples and non-First Nations peoples could benefit. First Nations marked the Aboriginal Day of Action Treaties were, and are, nation-to-nation on June 29, 2007 with marches on Parliament Hill agreements. and provincial legislatures. This photo shows a march in Winnipeg. Examine the photo for evidence First Nations were, and are, diverse peoples. of the perspective of these marchers on Treaty The chiefs called on Canadians to lobby the rights. Think critically: In what way is this march federal government to recognize the true spirit an expression of democratic rights? In what way and intent of the Treaties. does it affirm the identity of the marchers and their citizenship in Canada? DID YOU KNOW? Modern agreements — or modern Treaties — between Aboriginal peoples and governments in Canada also establish collective rights. For example: Nunavut Land Claims Agreement (1993): established Inuit title to more than 350 000 square kilometres in Nunavut. Sahtu Dene and Métis Comprehensive Land Claim Agreement (1994): established the rights of the Sahtu Dene and Métis to 41 437 square kilometres in the Northwest Territories, and to negotiate an agreement to govern themselves. Nisga’a Final Agreement (2000): established the rights of the Nisga’a Nation to more than 1900 square kilometres in British Columbia and to govern themselves. Prime Minister Paul 2005 Martin makes a [Moving forward will] require a new partnership statement at the among us and a new relationship with First First Ministers and Nations, Inuit and the Métis Nation—one based on National Aboriginal Leaders meetings in mutual respect, responsibility and accountability. Kelowna, B.C., on We recognize the Treaty and Aboriginal rights November 25, 2005. protected in our constitution. This is the Think critically: How foundation for our relationship… Today we could you find out the position of reaffirm our commitment to renewing our Canada’s current approach to implementing self-government and government on treaties, and to the resolution of Aboriginal rights Treaty rights? to land and resources… – Prime Minister Paul Martin in an address to the meeting of First Ministers and Aboriginal leaders in Kelowna, B.C., November 24, 2005. 135 Issues for Canadians Chapter 4 1870 A Timeline of Two Views of the F I R S T N AT I O N S P E R S P E C T I V E S Numbered Treaties 1880 The next seven pages present a timeline spanning more than a century. Here’s how to use the timeline. The top of each page presents information about the perspectives 1890 of First Nations on the Numbered Treaties. Most of these perspectives come from First Nations in Alberta covered by Treaties 6, 7 and 8. Analyze these for evidence that First Nations viewed, 1900 and continue to view, the Treaties as nation-to-nation agreements that establish rights. Use an organizer like the one below. Perspective: First Nations 1910 Date Source Main Idea Affirms First Nations? 1876 Mistahwahsis, – Treaty is permanent Yes Treaty 6 negotiations – securing the future 1920 1930 1940 1950 The bottom of each page presents information about the views of Canada’s government on the Numbered Treaties. Analyze these for CANADIAN GOVERNMENT VIEWS 1960 evidence that Canada’s government has had different views of Treaty rights over time. Use an organizer like the one below. 1970 Views: Canadian Government Date Source Main Idea Affirms First Nations? 1876 Alex. Morris, – Treaty is permanent Yes and No 1980 Treaty 6 negotiations – First Nations should learn European ways – First Nations can keep traditional 1990 ways 2000 Chief Morris Scennacappo of Rolling River First Nation in Manitoba participates in a demonstration in front 2010 of Canada’s parliament buildings in 2002. The demonstration concerned 128 changes to legislation that affected the rights of First Nations.  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? 1876 F I R S T N AT I O N S P E R S P E C T I V E S 1870 A Perspective from Treaty 6 What we speak of will last as long as the sun 1880 shines and the river runs. We are looking to the future of our children’s children. — Cree spokesman Mistahwahsis about the 1890 terms of Treaty 6, August 22, 1876. Examine the medal carefully. What 1900 messages about the meaning of the Canada’s government struck medals like this to Numbered Treaties does it convey? commemorate the To what extent do the statements on this Numbered Treaties. This 1910 page convey the same messages? medal dates from 1874. The medal shows two people shaking hands: one symbolizes Canada’s 1920 government and one symbolizes First Nations peoples. 1930 1940 1950 CANADIAN GOVERNMENT VIEWS 1960 1876 What I will promise, and what I believe and hope Indian: Many First Nations you will take, is to last as long as the sun shines prefer not to use the word 1970 and the rivers flow… I see the Queen’s Indian to describe themselves. It is used here Councillors taking the Indian by the hand saying because Alexander Morris we are brothers, we will lift you up, we will teach used it. 1980 you, if you will learn, the cunning of the white man… I see Indians gathering, I see gardens growing and houses building; I see them 1990 receiving money from the Queen’s Commissioners to purchase clothing for their children; at the same time, I see them enjoying their hunting and fishing as before, I see them 2000 retaining their old modes of living with the Queen’s gift in addition. — Alexander Morris, August 18 and September 7, 1876 2010 during the negotiation of Treaty 6. Morris represented Canada during the negotiations. 129 Issues for Canadians Chapter 4 1870 A Perspective from Treaty 6 F I R S T N AT I O N S P E R S P E C T I V E S First Nations were and are independent peoples with their own processes of government and ways of organizing their nations. 1880 Why did they — and do they — expect to remain in charge of decisions affecting their culture and identity? How might their Treaty rights figure in their perspective? 1890 This photo dates from 1910 and shows a settlement 1900 of the Blackfoot Confederacy in southern Alberta. 1910 1920 1930 Compare and contrast the information on this page. What issues about First 1940 Nations governance can you identify? 1950 1876: The Indian Act 1960 CANADIAN GOVERNMENT VIEWS Canada’s parliament passed the Indian Act, which made rules about the lives of First Nations peoples without consulting them. At the time, Canada’s government viewed 1970 First Nations as peoples who needed guidance. This connected to Canada’s colonial past, and the attitude that European ways were superior to the ways of other peoples. 1980 Under the Indian Act, How does the excerpt from the Indian Act, below, reflect Canada’s government this? You can read more about the Indian Act appointed Indian on page 137 and page 138. e Agents to run reserves. e mal ty- all be th f twen 1990 This photo shows e s h e o t ag to vo full Howard Sibbald, en titled d o f the ose an Indian Agent at the 61. Th the b all b e e rs of ns sh l Nakoda reserve near me m b i a dera 2000 ye a rs. n d of In d a s t he e[f Calgary from 1901 to one f any ba place ll be 1904. Canada’s h iefs o t im e and e y sha e e c h a d t h ss th government appointed 62. Th d , at suc ir ect, an rs , [unle e d ea.] elect t] ma y ree y e the m 2010 Indian Agents without e r nmen io d of th o r emov Act, 1876. go v er s t consulting First Nations. rap ecide — Ind ian ed fo ent d elect ve rn m 130 al go feder  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? A Perspective from Treaty 7 This photo shows two Siksika school children. Their mother, Mary Running Rabbit, stands behind them on the right. The Siksika Nation is part of Treaty 7. The two women have taken the children to a spiritual leader, who has drawn circles on their faces. The circles represent the cycle of the sun from sunrise to sunset. The circles show that this family values its culture and identity. What hopes and expectations might this family have for the education of these children? How might Treaty rights to education have figured in their plans for the future? WHAT’S A LAW VERSUS A POLICY? Governments create laws, and they also create policies. A law This photo is undated, but was probably describes principles or conditions that must be followed. A taken during the 1920s or 1930s. The aim policy describes objectives of the government, within the law. of the people in this photograph — to affirm the identity of the children — Example: First Nations Education contrasts with the aim of the government’s policy on residential schools, below. The last The Numbered Treaties — the law — said that the federal residential school in Canada closed in 1996. government was responsible for providing education to First Nations. The policy of the federal government was to provide this through residential schools. 1879: Residential Schools Canada’s government commissioned MP Nicholas Davin to recommend how to provide First Nations with education and to assimilate them at the same time. The Davin report in 1879 recommended residential schools. Residential schools removed children from their families and disrupted their connections to their languages, cultures and identities. Residential schools allow “aggressive civilization” by separating the children from the parents… Residential schools make a certain degree of civilization within the reach of Indians despite the deficiencies of their race… The Indians realize they will disappear. — Adapted from the Report on Industrial Schools for Indians and These photos show Thomas Moore before and Half-Breeds by Nicholas Flood Davin, March 14, 1879. after his entrance into the Regina Residential School in 1897. How does the message of these Recently, Canada’s government has begun to photos compare with the photo above? compensate former students of residential schools for the trauma they suffered. 131  Issues for Canadians Chapter 4 Indian: First Nations 1939 1870 sometimes use this A Perspective from Treaties 6, 7, and 8 F I R S T N AT I O N S P E R S P E C T I V E S term because it was, and continues First Nations in Alberta organized the Indian Association of to be, a term with legal and Alberta. What do the objectives of the association, quoted 1880 below, tell you about the reason it was founded? constitutional significance. It is not a term First The aims of the Indian Association of Alberta shall be: Nations chose for 1890 themselves. 1. To maintain treaty rights. 2. To advance the social and economic welfare of Indian peoples. 3. To secure better educational facilities and opportunities. 1900 4. To cooperate with federal, provincial and local governments for the benefit of Indians. — Constitution of the Indian Association of Alberta. 1910 1946 A Perspective from Treaty 6 1920 We made treaties with Great Britain and the trust was given to the Canadian government to live up to our treaties. Ever since the first treaties, First Nations have felt that [Canadian] officials have not complied with those treaties. 1930 — John Tootoosis, Poundmaker Cree Nation, 1947. 1940 John Tootoosis, Poundmaker Cree Nation, helped found the Union of Saskatchewan Indians in 1946. 1950 1939 CANADIAN GOVERNMENT VIEWS 1960 The economic adjustment of the Indians to modern life is a large problem. We need to make the Indians lead the normal life of the ordinary Canadian citizen. 1970 — Adapted from a statement by T.R.I. MacInnes, secretary of Canada’s Indian Affairs Branch. 1980 A Nakoda man, whose name is unknown, ploughs a field on the Nakoda 1990 reserve near Calgary. Government policies and the Indian Act sought to replace the traditional ways 2000 of First Nations with European ways, such as farming. For example, at points in its history, the 2010 Indian Act prohibited First Nations people from 132 wearing traditional clothing.  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? 1970 A Perspective from Treaties 6, 7, and 8 To preserve our culture it is necessary to preserve our status, rights, lands and traditions. Our treaties are the basis of our rights… The treaties are historic, moral and legal obligations… The government must declare that it accepts the treaties as binding… — The Indian Association of Alberta, Citizens Plus, 1970. Harold Cardinal, elected leader of the Indian Association of Alberta, Compare the delivers his perspective on Treaty rights to Prime Minister Pierre Trudeau statement above with and his cabinet in June 1970. Harold Cardinal considered First Nations the statement below. people as full citizens of Canada, with all the rights of individual Canadians, and with collective rights in addition. He captured this idea Why might the government with the term “citizens plus,” which became the title of a paper on have made the statement Treaty rights he helped author for the Indian Association of Alberta in below? Why might First 1970. Part of the paper is quoted above. Nations have protested against this statement? 1969 Canada cannot be a just society and keep discriminatory legislation on its statute book. The barriers created by special legislation, such as treaties, can generally be struck down. The treaties need to be reviewed to see how they can be equitably ended. — Adapted from the “Statement of the Government of Canada on Indian Policy,” 1969. Jean Chrétien was Minister of Indian Affairs when Canada’s government released the “Statement of the Government of Canada on Indian Policy.” The release triggered an intense protest from First Nations. 133  Issues for Canadians Chapter 4 1980 F I R S T N AT I O N S P E R S P E C T I V E S 1870 entrenching: fixing firmly A Perspective from Treaties 4, 6, and 10 within We, the First Nations, proclaim our dedication and commitment 1880 patriate: to bring to a country to the recognition of our unique history and destiny within something that Canada by entrenching our treaty and Aboriginal rights within belongs to the the constitution. Only in this way can we truly fulfill the sacred country 1890 obligation handed down to us by our forefathers for future generations. Anything less would result in the betrayal of our heritage and destiny. 1900 — Adapted from a presentation to Canada’s parliament by the Federation of Saskatchewan Indians, December 1980. This photo shows First Nations delegates from the Federation of 1910 Saskatchewan Indians in London in 1980 to petition Britain’s parliament for inclusion of Aboriginal rights in Canada’s constitution. Britain, as a former colonial power, controlled Canada’s constitution. First Nations, Métis and Inuit peoples realized Britain might consider 1920 changing the constitution before it was patriated. In the end, their work ensured Canada made this change. The result: section 35 of Canada’s constitution recognizes First Nations, Métis and Inuit peoples as Aboriginal peoples, and recognizes their existing Treaty 1930 and Aboriginal rights. 1940 1950 1982: The Constitution 1960 CANADIAN GOVERNMENT VIEWS I speak of a Canada where men and women of Aboriginal ancestry, of French and British heritage, of the diverse cultures of the world, demonstrate the will to share this land in peace, in justice, and with 1970 mutual respect. — Prime Minister Pierre Trudeau, April 17, 1982 at the proclamation ceremony for the constitution. 1980 1990 Prime Minister Pierre Trudeau led negotiations to patriate Canada’s constitution in 1982. He did not agree, at first, with including the 2000 rights of First Nations, Métis and Inuit peoples in the constitution. He believed Aboriginal people needed to be equal with other Canadians. He viewed laws that set them apart — such as the Numbered Treaties or provisions in the constitution — as obstacles 2010 to their equality. Aboriginal peoples viewed these laws differently — as affirmations of their identity. They used their democratic rights to 134 voice their perspective. Issues for Canadians Chapter 4 HOW TO I D E N T I F Y A N D A N A LY Z E I N F O R M AT I O N S O U R C E S There are many types of information sources — for What’s the difference example: between primary and Written documents, such as letters, news articles, secondary sources? diaries, biographies, legal documents, quotes or Primary sources are created by interviews. people who actually saw or Websites and e-mails. participated in an event and Recordings and videos. recorded their reactions to that event immediately after the Photographs, paintings and drawings. event occurred. Secondary Artifacts such as clothing or objects. sources are created by Using the questions below, work with a partner to someone not present at the identify two examples of information sources in this event, or are interpretations of section. How does the source contribute to your events that already occurred. understanding of the issues regarding collective rights? Create a chart to organize your ideas. How to Identify and Analyze Example Example Information Sources Is the source primary or secondary? Is the source reliable and knowledgeable about the subject? How do you know? What views or perspectives does the source contain? How does this affect its validity? When was the source created? Why was it created? What does the source tell you about collective rights? Compare and contrast two sources from this chapter to determine to what extent they affirm the collective rights of First Nations, Métis or official language minorities. Identify the sections in the Charter of Rights and Freedoms associated with the collective rights you describe. Using your research skills, find one or two other sources to support your examples from the chapter. Refer to the Skills Centre on pages 360 to 362 to give you ideas for other types of sources you can research. Write a paragraph summarizing your information and share it with the class. 136  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? What is the Indian Act? So far, this chapter has explored the collective rights of First Nations assimilate: become part of a different cultural group in the Numbered Treaties. This exploration mentioned the Indian Act, because the Indian Act demonstrated something ethnocentrism: the belief important about the way Canada’s government understood Treaty that one’s culture is superior to all other cultures rights. This page and the next examine the Indian Act in more depth. Indian Act: federal legislation related to the The Numbered Treaties confirmed the Canadian government’s rights and status of First duty to protect the collective rights of First Nations. The Indian Nations peoples (“status Act was one way the government attempted to do this. Under the Indians”), first passed in act, the federal government is able to develop specific policies and 1876 and amended several times programs to administer Treaty rights to First Nations. The act affirmed the collective rights of First Nations. It also created officials for each reserve — “Indian Agents” — with the power to decide individually how the government would fulfill its duties. This meant there were many interpretations of what Treaty YOU DID rights meant on a case-by-case basis. KNOW? The Indian Act dates from 1876. At the time, Canada’s Under section 87 of government thought it appropriate to make laws for First Nations the Indian Act, some without consulting them. This connects to Canada’s colonial past, First Nations people when people of European descent believed their cultures superior living on reserves do to other cultures (ethnocentrism). not pay taxes. Most The act defines who may be registered as a “status Indian” with First Nations people, Treaty rights. This means the federal government mostly controls however, do pay these decisions, not First Nations themselves. The Indian Act was taxes. — and is — a way for the government to administer Treaty rights to Treaty peoples. The act originally aimed to assimilate First Nations peoples. – It defined how First Nations peoples had to conduct their affairs, such as band elections, although First Nations had their own ways of governing themselves. – At points in its history, the act restricted the right of First Nations people to travel freely, to take political action, to wear traditional dress, and to take part in traditional ceremonies. – Until 1960, the act required First Nations people to give up their legal identity and Treaty rights to gain the right to vote. Pressure from First Nations has caused Canada’s government to revise the Indian Act several times. The act remains in force today. 1. Why might the Indian Act both challenge and affirm First Nations identity today? Propose a response and back it up with evidence from this page. 2. How could you check your response with the views of First Nations? Create a brief research plan for gathering the views of First Nations in Alberta. Refer to pages 355 to 359 in the Skills Centre for tips on developing a research plan. 137 Issues for Canadians Chapter 4 Changing the Indian Act First Nations and Canada’s government agree that the Indian Act needs updating. But First Nations rejected the government’s attempt in 2002. What issues about updating the act does this news article reveal? o w to battle bill First N a ti o n s v C-61, the la ce th e In dian Act: Bill June 14, 2002 legislation to re p O tt aw a has unveiled fairs where it OTTAW A — o ve rn an ce A ct. co m m u n it y governance af ffairs Minister G le A First Nations ower to hand ,” said Indian h is le gi sl at ion puts the p Nations people themselves “T st e hands of Fir ely before them adequat gnize their belongs, in th n o t co n su lt Bob Nault. vernment did it does not re co y F ir st N at ions say the go bill in principle, because. Man ct the lves es of ill. They reje les for themse establish cod drafting the b s with the right to make ru ns Governance Act would budgets for n io e status as natio y measures, the First Nat ire First Nations to prepar r their reserves. g it s m an d re q u la w s fo Amon fficials an make by in full irst Nations o st Nations to ed up the bill conduct for F s well, it would allow Fir atthew Coon Come ripp lled the bill “the.A M ca public review irst Nations Grand Chief rs on Parliament Hill. He o f F te st o Assembly Nations pro reds of First wn political view of hund t II.” t to d et ermine our o e can manage, ar Indian Act, P we as First Nations have a ri gh s. W e ar e n o t children. W societie “I believe that tablish our own political irs,” he said. a es fa es the bill as institution s, to is te r an d ru n our ow n af f th e G ra n d River, describ min ns o say s. coordinate, ad son, chief of the Six Natio an a new rule book,” she ated. b er ta Ja m ie it tl e m o re th r- o ld In d ia n Act is outd Ro sm. It ’s “l e 12 6- y ea rs pe ctives. fo rm o f co loniali n ee d ed b ec ause th ev en ts , vi ews and pe new l is to lt says the bil — Based on re search in Minister Nau SPOTAND RESPOND TO THE ISSUE What should be done about the Indian Act today? Consider the steps in Spot and Respond to the Issue on pages 12 and 13. What individuals and groups does this issue affect most? How does it connect to their sense of citizenship and collective identity? Arron Turkey, 6, of the Six Nations of the Grand River in Ontario, takes part in a protest along with Elder Gordon Lee of Ermineskin Cree Nation, Alberta, on Parliament Hill to protest the 138 First Nations Governance Act, June 14, 2002.  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? Analyzing Historical Context In this chapter, you have explored laws related to the collective rights of some peoples in Canada. These laws have included Treaties 6, 7 and 8, the Indian Act and Canada’s constitution. In the coming pages of the chapter, you will find information about other laws and collective rights. Collective rights have roots in history. How can understanding historical context help you understand collective rights, and their role in Canadian society today? ! HOW DO YOU ANALYZE HISTORICAL CONTEXT? Analyzing historical context is part of analyzing why things happened in the past. It’s about looking at a law, for example, and investigating the time in which the law was created. If you are researching a law, you need to research events in the past that may have affected the law. You also need to research views and perspectives from the past connected to the law. This will help you understand how and why the law came about. Understanding historical context can help you develop an informed position on issues, because the past can influence the views, perspectives and actions of people in Canadian society today. 139 Issues for Canadians Chapter 4 Tr y t h i s ! Research in more depth one of the laws found in this chapter. Choose from the list below. Use the questions in the chart below as a model for analyzing the historical context of the law you choose. Laws Affirming Collective Rights Treaties 6, 7 and 8 Minority Language Education Indian Act Rights Official Bilingualism Manitoba Act Section 35, Constitution Act TOPIC: Treaty 8 Inquiry Student Notes 1. When was the law created? 1899 2. What events had an impact on - Royal Proclamation of 1763 the law? - Loss of the buffalo... 3. What views and perspectives First Nations perspectives: had an impact on the law? - Treaty 8 was a permanent nation-to-nation agreement... Government views: - Colonial attitude that non-European peoples needed guidance... 4. What issues concerning the law have - To what extent has Canada’s arisen over time? government honoured the terms of the Treaty? - How should Canadians respond to the collective rights of Treaty 8 First Nations? 5. Why have these issues arisen? - The government’s policy of residential schools because... - The impacts of Indian Act on First Nations because... 6. How does the law affect citizenship - Treaty 8 First Nations continue to for all Canadians today? seek recognition of their Treaty rights, so... Read the chart carefully. How do the questions relate to the perspective of Treaty 8 First Nations today? Choose one question and describe a connection. 140  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? What collective rights do official language groups have under the Charter? Anglophone: a person whose WHAT’S IN THIS SECTION first language is English This section presents information about the collective rights of Francophone: a person whose first language is Francophones, set out in Canada’s Charter of Rights and French Freedoms. You will find: official language A map about language majorities and minorities in Canada. community: one of the Interviews with a Francophone student and an Anglophone groups in Canadian society whose members speak an student, describing how their collective rights affect their official language of quality of life. Canada — French or Backgrounders about the history of the rights of Canada’s English — as their first language official language communities. Flow charts showing the effect of those rights in Alberta and Québec. What are you looking for? This Francophone school in As you read the section, look for: Fort McMurray has classes The challenges and opportunities Francophones face from Kindergarten to in maintaining their culture and identity. Grade 12. Alberta has Francophone schools The effectiveness of the Charter in fostering because of the official Francophone identity. language minority education rights of Franco-Albertans, recognized and protected in Canada’s Charter of Rights and Freedoms. 141 Issues for Canadians Chapter 4 What are official language minorities? The next page presents an interview with a Francophone student from Saint-Isidore, Alberta, followed by an interview with an Anglophone student in the city of Québec. What do Francophone students in Alberta and Anglophone students in Québec have in common? Use information from the map below to formulate your answer. Languages spoken by the majority in Canada, 2001 Majority French-speaking Majority English-speaking Arctic N Ocean Majority Inuktitut-speaking W E S YUKON NORTHWEST NUNAVUT TERRITORIES NEWFOUNDLAND AND LABRADOR BRITISH COLUMBIA Saint-Isidore Pacific ALBERTA MANITOBA Ocean ´ QUEBEC PRINCE EDWARD ISLAND SASKATCHEWAN ONTARIO NOVA Québec SCOTIA NEW BRUNSWICK 0 500 km Atlantic Ocean Use evidence from the map to complete the activities below. Go to the Skills Centre on pages 345 and 346 for tips on reading this map. 1. Minority means a small group within a larger group. Why are Francophones in Alberta, such as those living in Saint-Isidore, considered to be living in a “minority setting”? 2. What challenges and opportunities does affirming Francophone and Anglophone identity create for Canada? Describe a challenge and opportunity for Francophones 142 in Saint-Isidore, and a challenge and opportunity for Anglophones in Québec.  To w h a t e x t e n t h a s C a n a d a a f f i r m e d c o l l e c t i v e r i g h t s ? Une Élève