2024 4 - Collective Rights in Canada (Aboriginal Peoples & Francophone-Anglophones) PDF

Collective Rights Social Studies 9 Chapter 4  Unit Focus Question: To what extent has Canada affirmed the collective rights? affirm: to validate and...

Collective Rights Social Studies 9 Chapter 4  Unit Focus Question: To what extent has Canada affirmed the collective rights? affirm: to validate and express commitment to something By the end of this unit you should be able to describe/explain: 9.1.7 Assess, critically, how the increased demand for recognition of collective rights has impacted the legislative process in Canada by exploring and reflecting upon the following questions and issues In what ways has the Canadian Charter of Rights and Freedoms fostered recognition of collective rights in Canada? In what ways does the Canadian Charter of Rights and Freedoms meet the needs of Francophones in minority settings? To what extent does the Canadian Charter of Rights and Freedoms meet the needs of Francophones in Québec? To what extent should federal and provincial governments support and promote the rights of official language minorities in Canada? How does the Indian Act recognize the status and identity of Indigenous peoples? How does legislation such as Treaty 6, Treaty 7 and Treaty 8 recognize the status and identity of Indigenous peoples? How do governments recognize Métis cultures and rights through legislation (i.e., treaties, governance, land claims, Métis Settlements in Alberta)?  Key Understandings What laws recognize the collective rights of First Nations peoples? What collective rights do official language groups have under the Charter? What laws recognize the collective rights of the Métis?  Charter Recap a. The Charter regulates government behavior, not the behavior of citizens. b. An historical example of the government violating rights and freedoms is Singh decision. c. If the government were to discriminate and only allow certain types of people to vote (e.g. brown eyed people), that would be a violation of individual rights and collective rights. d. When we say the Charter regulates government behavior, this includes the behavior of government organizations such as the cabinet. e.The Charter is embedded into the Constitution, which ensures that current and future governments cannot do away with our rights and freedoms f. The notwithstanding clause in the Charter allows for an Act of Parliament or of a Provincial Legislature to ignore certain sections of the Charter for a limited time.  What are Collective Rights? The word “collective,” means belonging to a group Collective rights are rights held by peoples in Canadian society that are recognized and protected by Canada's constitution. They are different from individual rights, which every Canadian citizen and permanent resident have. Collective rights are rights Canadians hold because they belong to one of several groups in our society. It is based upon the idea of mutual respect among peoples. Who Holds Collective Rights? Indigenous peoples including First Nations, Metis, and Inuit peoples Francophones and Anglophones Why do Some Peoples have Collective Rights and not Others? Collective rights recognize the founding peoples of Canada. Roots of country: Indigenous peoples Francophones Anglophones  What is their purpose? The purpose of collective rights is to affirm the collective identity of groups in society and to create a society where people of different identities belong. What laws recognize the collective rights of First Nations people?  Indigenous Rights are those rights which peoples have due to traditional use and occupancy of land. These rights encompass all aspects of life, including culture, land and traditions.  What name is correct? Indian First Nations or Europeans used this Indigenous term to describe Are umbrella terms the First Nations of for the diverse North America. It is Indigenous peoples thought to have who have collective derived from the rights that are confusion of the first explorers who recognized by thought they landed Canada’s in India. constitution. The Numbered Treaties 1871-2000  Royal Proclamation 1763 officially recognized that the “Indians” have rights to their ancestral lands and that government representatives are the protector of this right  The Royal Proclamation guaranteed: 1.Indian hunting grounds would be preserved (until treaties were signed) 2.British Monarch held exclusive rights to enter into negotiations with Indian peoples  Historic Treaties This led to 11 treaties signed between Queen of England(Canadian government) & First Nations groups According to this map, what treaty covers the area that includes Edmonton? Numbered Treaties Map What was in the agreements? First Nations agree to share the land & resources in peace. Canada’s government agreed to provide for certain things to replace the loss of FN way of life. Example: education, reserves, annuities, etc.  Terms of Treaty 6, 7, 8 Healthcare Education Hunting & Reserves Farming Payments or Fishing rights Assistance annuities Treaty 6 * * * * * * (1876-1899) Treaty 7 * * * * * (1877) Treaty 8 * * * * * (1899) Note: The terms of the treaties differ and not all First Nations signed treaties  British Perspective British “gave” Indigenous people chunks of land because: – they couldn't protect it – to make sure that Indigenous people wouldn't fight against them They thought that this was temporary and that the land would eventually be theirs when Immigration increased.  Indigenous Perspective The land is not a right that can be given or removed. This is a legacy from the Creator not a commodity. It is every part of their culture. The Royal Proclamation was a nation-to-nation agreement and therefore the government must accept that it is binding.  Indigenous Voices “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 the European settlers, and share the land and its resources. Treaty 8 is fundamental to our people” -Elder Paul Eugene Beauregard, Big Stone Cree Nation, Alberta "Teach your children what we have taught our children, that the earth is our mother. Whatever befalls the earth befalls the sons and daughters of the earth. We do not weave the web of life; we are merely a strand in it. Whatever we do to the web, we do to ourselves."  Why sign treaties? First Nations negotiated the Numbered treaties for many reasons: – wanted to secure their future They were facing economic upheaval from smallpox epidemics, the eradication of the buffalo, the end of the fur trade, and the pressures of European settlement. – wanted to avoid war In the U.S, Indigenous peoples and Americans were fighting over territory. The First Nations of Canada wants to agree to live harmoniously with the Europeans.  “Perspective” Problems First Nations recorded the Treaties in their oral histories in their own languages. Canada’s government recorded the treaties in writing in English. Both sides relied on interpreters during the discussions. Differing perspectives and misinterpretations by both the Canadian Governments and the First Nations have caused conflict. For example, Canada’s government believes the First Nations gave up their land under the treaties. The First Nations disagree, as they do not see land as something anyone can “own” or “give up”.  What the First Nations thought they were getting… “ What I will promise, and what I believe and hope you will take, is to last as long as the sun shines and the rivers flow…I see the Queen’s councilors taking the Indian by the hand and saying we are brothers, we will lift you up, we will teach you…and receive 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 retaining their old modes of living with the Queen’s gifts in addition” – Alexander Morris, Lieutenant Governor, 1876  What the First Nations Actually Got… In 1876 Canada’s government passed the ___________, without the consultation of the First Nations peoples, because they viewed the natives as needing their guidance. What British law did this contravene? Hint: 1763 Answer: Royal Proclamation, 1763 Assignment Please start assignment 4.2 Numbered Treaty Map Assignment Link to textbook Chapter 4 The Indian Act 1876 Alternate Lesson on the Indian Act (podcast and slides) The Indian Act  What They Got continued… In essence the Act gave the Canadian government the right to control all aspects of the native communities including: ❑ Forced onto reserves that lacked fertile soil, means to fish or hunt, that isolated them from the white population. ❑ The government appointed (white) Indian Agents to run reserves. ❑ Chiefs of any bands were restricted to run for a term of 3 years, unless the federal government decided to remove them. ❑ Required to obtain government permission to wear traditional clothing. ❑ Banned traditional ceremonies. ❑ Banned from taking political action (Ex: voting) ❑ Children were forced to attend public residential schools. They were removed from their families. They were not allowed to wear traditional clothing or speak their traditional language.  What They Had Before… Before the Numbered Treaties and the Indian Act, Indigenous people had their own way of governing themselves. They had a distinct culture with their own religion, traditional ceremonies, language, and oral history. They lived off the land and provided for their families through traditional methods of farming and hunting.  An Indigenous Perspective “ We had our own government and laws before the arrival of Europeans, and we lived harmonious 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 as the grass grows, the water flows and the wind blows” – Elder Bruce Starlite, Tsuu T’ina First Nation, Alberta  Canada Takes Control (1871) The Department of Indian Affairs (DIA) was created to “look after” First Nations First Nations peoples were not consulted No other ethnic group was targeted in this way  The Indian Act This act gave legal power to the Canadian government to control the lives of Indigenous peoples The Indian Act refers to Indigenous people as “Indians” to this day.  Basic Summary All the laws related to Indigenouss are put together into one act. Indigenous Canadians were not legally qualified to make decisions for themselves. (treated as children). Canadian gov’t could make decisions about them without consulting them.  The Act legally defines who is an Indigenous Canadian – “Indian” Excerpt from the Indian Act: 3.3 The Term “Indian” means: First. Any male person of Indian blood reputed to belong to a particular band; Secondly. Any child of such person. Thirdly. Any woman who is or was lawfully married to such person. Excerpt Continued… Provided that any Indian woman marrying any other than an Indian or a non-treaty Indian shall cease to be an Indian in any respect within the meaning of this Act. How did the Indian Act affect First Nations women?  Indian Act – Indians as people? Status Indians were not considered “people” under the laws of Canada This denied them certain rights..  Indian Act: Voting Since Status Indians were not “people” they could not vote in Canadian elections. If they gave up status they could vote. Considering this reality, do you think Canadian politicians would have been concerned about First Nations issues?  Indian Act: Reserves Once the act was passed, Status Indians were not permitted to own land They were “wards” of the State (Canada) Nanaimo, Indian Reserve #1 Indian Act: Reserves First Nations were removed from their traditional territories and forced to live on “reserve” lands Indian Reserves were usually small pieces of land, and were meant to be temporary. Most reserve land was poor quality land, unsuitable for farming.  Indian Act: Political Interference The act ignored traditional First Nations forms of government (Hereditary) It imposed the Euro-Canadian town council on First Nations Band councils and chiefs would be elected, just like a mayor.. Assimilation  The Act Affected Traditional Indigenous Government The Indian Act made new rules about who could qualify as members of a band. Membership in a band determined who could vote in band elections. Traditionally women were often equally involved in Native government practices. Elders were advisors. The Indian Act took away the influence of women and Elders.  The Indian Act Makes Cultural Activities Illegal In 1884 the potlatch was banned. In 1895 Indigenous people are not allowed to wear traditional clothing or participate in traditional dances. Indian Act: Residential Schools Gave further responsibility to the federal government for Native education. Result - Residential School System ▪ a cooperation between Church and State to assimilate First Nations children.  Lasting Impacts Education for the most part was poor (1945 very few students passed grade 9 and over 40% of teaching staff had no professional training) Many children died from illnesses, fires, murder Physical and sexual abuse had long term effects on students Children learned isolation, abuse, anti-Indigenous education, were unable to express love and unable to receive love for much of the year!!!! The schools broke the connection between the children and their family and culture. It destroyed the central aspect of ‘relationship’  Intergenerational Effects Residential School Survivors have long lasting Inter-generational negative effects: - Identity crisis - Unable to connect to family, culture - Long term effects of physical, sexual and psychological abuse - a major factor in the high rates of: substance abuse, suicide and family problems Schools destroyed one of the most important values of the First Nations: Kinship and Family Relationships Legacy of Residential schools  Intergenerational effects It is estimated there are 86,000 people alive today who attended Indian residential schools, according to Statistics Canada. Wab Kinew Documentary  You lose your Native status if… You earn a university degree You are out of Canada for over five years. You become a Canadian citizen Why would the government make this rule? What do they hope will happen? How does this picture illustrate the government’s goal?  REFLECT What was the government’s overall goal with the Indian Act?  Quotes from Indigenous People Instead of implementing the treaties and offering much [The Indian Act has] needed protection to First deprived us of our Nations rights, the Indian Act subjugated to colonial independence, our dignity, rule the very people whose our respect and our rights it was supposed to protect. responsibility. Harold Cardinal June Delisle How do these two people interpret the Indian Act? Use your knowledge of the Charter of Rights & Freedoms (1982) for this activity. Example: mobility rights List the Charter rights that were violated by the Indian Act  Protected Rights and Freedoms Under the Charter Fundamental Freedoms ○ Freedom to express your opinions. ○ Freedom to choose your own religion. ○ Freedom to organize peaceful meetings and demonstrations. ○ The freedom to associate with an person or group. Democratic Rights ○ The right to vote for members of the House of Commons and of provincial legislatures. ○ The right to vote for a new government every five years. Mobility Rights: ○ The right to move anywhere within Canada and to earn a living there. ○ The right to enter, stay in, or leave Canada. Legal Rights ○ The right to be free of imprisonment, search and seizure without reasons backed by law and evidence. ○ The right to a fair and quick trial by an impartial court that assumes that you are innocent until proven guilty. Equality Rights ○ The right to be free of discrimination because of race, national or ethnic origin, religion, gender, age, or mental or physical disability.  Focus Question To what extent does Canada affirm the rights of Indigenous peoples (collective identities)? The Indian Act affirms… European Identity The Canadian Government believed that “We need to make the Indians lead the normal life of the ordinary Canadian citizen” – TR MacInnis, Indian Affairs 1939 (This is because in the past, Canada’s colonial system practiced ETHNOCENTRISM – this is the belief that one’s culture is superior to all other cultures).  Assimilation & Control Each reserve had an official or “Indian Agent” with the power to decide how the government would fulfill its duties. (case-by-case basis) 1876 was a time when the government thought it was okay to make laws for First Nations without consulting them.  Status Indians: Tax Exemption In general, Indigenous people in Canada are required to pay taxes on the same basis as other people in Canada (GST & PST) Except where the limited exemption under Section 87 of the Indian Act applies. Section 87 says that the "personal property of an Indian or a band situated on a reserve" is tax exempt. The Indian Act prevents non-Indigenous governments from taxing the property of Status Indians on a reserve Is this benefit worth all that was lost?  What has Happened Over the Years? Pressure has caused Canada’s government to revise the Indian Act several times, however the Act remains in force today. First Nations and Canada’s government agree that the Indian Act needs updating. But First Nations rejected the government’s attempt in 2002. Click the image to find out more A serious confrontation Indigenous peoples have struggled throughout Canada's history for recognition of their Indigenous and treaty rights. In many cases, federal and provincial governments and Canadian courts have been unreceptive to Indigenous claims.  Mi'kmaq Lobster Dispute A conflict brewing since the 1700s Click the link to learn more…  Wet'suwet'en Conflict with Coastal Gas Link This conflict has began in 2019 and led to the 2020 blockades of railway infrastructure. The conflict continues today.  The Road Forward? Today, both the Canadian Government and the First Nations people see the flaws in the Numbered Treaties and the Indian Act. The problem is, neither side can agree on what changes need to be made. A grassroots movement for indigenous sovereignty, indigenous rights and respect for the treaties. Goals include stopping environmental degradation and economic and social inequality.  The Apology The Government of Canada delivered a Statement of Reconciliation to all Indigenous peoples that included an apology to those who had experienced sexual and physical abuse while attending a residential school. Apology on June 11, 2008, the Prime Minister, Stephen Harper  Righting the Wrongs In particular, it mentioned that the Canadian government regretted the treatment of Indigenous People: "As a country, we are burdened by past actions that resulted in weakening the identity of Indigenous Peoples, suppressing their languages and cultures, and outlawing spiritual practices." This recognition and admission of the government is one step towards healing for Residential School Survivors Their struggles are many!!!! Their pain is real!!!!  Healing the Wounds of History Facing the largest class-action lawsuit in Canadian history from former students, the Government negotiated an agreement. It included: Payment to all surviving former students of federally administered residential schools. The establishment of the Truth and Reconciliation Commission (TRC).  Truth and Reconciliation Commission Established in 2008 and given a mandate to: – Tell Canadians about the history of Indian residential schools and the impacts they had on Indigenous children – Guide a process of reconciliation between and within Indigenous families, communities, churches, governments, and non-Indigenous Canadians. After 6 years the TRC is wrapped up with numerous ceremonies across Canada ending in June, 2015  What will the future hold? Action? More talk? We can all play a part. Examine the TRC’s recommendations to see what part you might play today and in the future to affirm collective rights in Canada. Revisit slide 58 (Focus Question) - What additions would you make to your answer now?  In the News The Federal Government and First Nations Leaders have reached a $40 billion dollar agreement to compensate people harmed by the discriminatory child welfare system that harmed First Nations communities for decades. Metis and Collective Rights What laws recognize the collective rights of the Metis? The Metis Metis: a Unique Perspective Métis considered part of Canada’s Indigenous peoples under section 35 of constitution. Métis do not have any historical treaties with Canadian government. Métis consider rights to land, and rights to use land in traditional ways, as inherent rights, rights they have because they are first nations peoples.  Métis History The Métis are descendants of marriages of Cree, Inuit, Ojibway, Algonquin, Saulteaux, and Menominee Indigenouss to Europeans (Predominantly the French), and are one of three recognized Indigenous peoples in Canada, along with the First Nations and Inuit. Their homeland consists of the Canadian provinces of British Columbia, Alberta, Saskatchewan, Manitoba, Ontario, and Quebec, as well as the Northwest Territories. The Métis Homeland also includes parts of the northern United States (specifically Montana, North Dakota, and northwest Minnesota)  The Manitoba Act Métis led 1870 Red River Resistance resulted in the Manitoba Act passed by Parliament in 1870. Provisional government established by Métis with Louis Riel as its president. Riel championed the cause for both Métis and Francophone rights. Established; – Manitoba a bilingual province – Had education rights for Catholics and Protestants. – Métis land rights. – Métis would receive over 500,000 hectares of land plus land they had established along the Red River.  What they actually Got… Scrip Canada’s government issue scrip to Métis, instead of establishing Métis lands in Manitoba. Métis offered choice: to accept scrip or become “Treaty Indians” under Numbered Treaty. Government view was; Métis did not have same rights to land as First Nations – did not require reserves. Scrip could be exchanged for land, but Métis Métis perspective was/is – Métis have found it difficult to use scrip to establish a large rights to land as an Indigenous people. tract of land where they could all live together. Many Métis sold their scrip and left Manitoba and moved west (Alberta and Saskatchewan)  And They Fought Back… Led by Louis Riel, the Northwest Resistance of 1885 was about protecting Metis lands in Saskatchewan, as railway and settlers moved westward. – Métis view was a way to assert their rights – like Red River Resistance. – Canadian government – saw it as an attempt to overthrow Canada's authority.  Vivre la Resistance! Louis Riel led this resistance which ended in a military conflict between the Metis and Canada’s government. Metis sent petitions to Ottawa about land rights, however the government did not respond.  Louis Riel Riel was hung for treason in Regina on Nov. 16, 1885. Many Anglophones agreed with the sentence. Most Francophone's opposed the sentence and saw it as a betrayal of the Francophone-Anglophone agreement at the foundation of Confederation. Today many people consider Louis Riel a “Father of Confederation”  1938 – Métis Population Betterment Act This Act established twelve temporary Métis settlements. The first time in Canada’s history a government provided the Métis people with land.  However… Temporary settlements did not give Métis control over the land. Four settlements proved unsuitable for farming, hunting or fishing, land went to government of Alberta. Métis nation of Alberta 1932 lobbied for Métis settlements during “Depression”  1982 Constitution Métis lobbied to be recognized in Canada’s constitution. Métis included in Constitution; included in section 35 of Constitution recognizing the Métis as one of Canada’s Indigenous peoples with rights.  1990- Present 1990 ▪ Alberta’s government enacted legislation under which the Métis settlements as a permanent land base with the rights to manage their own affairs. ▪ Métis have the right to participate in the development of oil and gas resources on settlement lands 2003 ▪ The Supreme Court ruled that the Métis have the right to hunt and fish, as one of Canada’s Indigenous people. 2007 ▪ Alberta’s government put rules in place that restrict the Métis rights above without agreement from the Métis. These issues have yet to be resolved.  A Métis Perspective See textbook page 159 Why are the collective rights of the Métis important to Audrey Poitras and Gerald Cunningham?  Focus Question To what extent does Canada affirm the rights of Metis people (collective identities)? What collective rights do official language groups have under the Charter? Canada’s Constitution  Francophones and Anglophones Both Francophones and Anglophones have collective rights as part of our constitution. Both groups have these rights because they are viewed as the founding peoples of Canada, along with the First Nations.  What Rights do we Have? Official Bilingualism Section 16-20 of the Charter Rights establish French and English as official languages of Canada, and the right of Canadian citizens to conduct their affairs with the federal government in either official language. Minority Language Education Section 23 says that French or English speaking minority populations of sufficient size in any province has the right to publicly funded schools to serve their language community.  How did Bilingualism Tie in with Confederation? Under the BNA Act of 1867, Confederation established Canada and bicultural and bilingual Rights for Francophones and Anglophones are part of what made confederation possible It also made French and English official languages of Parliament It guaranteed public schools for both Protestant and Catholics, which then corresponded with French and English  A Francophone Perspective “It’s one thing to have a right and it’s another to access that right. A right makes a difference in your life only when you use it. For Francophone students to become contributing members of our country and the world, they need to learn in their first language, and in an environment that supports their identity…people in the majority don’t have to think about what supports their identity. The supports are just there. But they aren’t “just there” for us…the fact that the right exists (for Francophones to have separate publicly funded schools) and that we’re using the right, makes me a proud citizen.” – Claudette Roy, C.M., Alberta  The Charter and Francophone Education in Alberta 1982: The Charter of Rights and Freedoms becomes part of Canada’s Constitution 1983: Francophone communities begin to lobby for their minority language education rights 1984: Alberta’s first two publicly funded Francophone schools open 1990: The Supreme Court affirms the right Present: In Alberta there are now 26 publicly funded Francophone school and 5 Francophone school boards The Charter and Quebec The Charter, along with Bill 101 identified French-speaking people as a distinct people and French is the language that expresses their identity The law requires signs to use French in Quebec, but cannot prohibit the use of English in addition. Francophone students in Quebec are to attend Francophone schools. Anglophone students are to attend Anglophone schools. Immigrant students can  A Quebec Perspective “ The Charter of Rights and Freedoms says you can be equal and different at the same time…In Canada, we believe in sharing our different cultures, while also being full participants in overall issues. That’s the beauty of our country. The Charter reflects our common goal to add our different identities to Canada, not replace them. The Charter is clearly a fundamental law that defines who Canadians are.” – Denis Coderre, Montreal M.P, Minister of Citizenship and Immigration 2002  Focus Question To what extent does Canada affirm the rights of official language groups (collective identities)?