Chapter 4 - Collective Rights PDF

Chapter 4 - Collective Rights Canada’s Charter of Rights and Freedoms Collective Rights in Canada What are collective rights? What groups in Canada are entitled to these collective rights? Why? What defines and creates collective rights? In 1867, when Canada was formed, which three groups made...

Chapter 4 - Collective Rights Canada’s Charter of Rights and Freedoms Collective Rights in Canada What are collective rights? What groups in Canada are entitled to these collective rights? Why? What defines and creates collective rights? In 1867, when Canada was formed, which three groups made up Canada? English French First Nations Collective rights are therefore extra rights given to these three groups 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 Key Vocabulary Legislation: laws passed by the government 1982 Constitution Act: Canada’s foundational legislation. All other laws must follow the rules in the constitution Section 35 of the Constitution: the section that defines and affirms the rights of aboriginal people in Canada Indian Act: an 1876 law that defined the relationship between Canada and First Nations, which included a policy of assimilation Key Vocabulary Numbered Treaties: agreements between Canada and the First Nations to take over First Nations land into Canada Reserve: land set aside for First Nations use Assimilation: becoming culturally like the dominant or majority group  Flowchart of Collective Rights Which groups are entitled to collective rights in Canada? Collective Rights - Affirm a group’s identity, such as language, traditions, or culture - Rights held by a group that are protected by the constitution - Only Canada has these rights - Held by Anglophones, Francophones, and Indigenous peoples - Recognize the founding peoples of Canada and protect their identities Section 1: Aboriginal Collective Rights 8th Fire Episode 2: It’s Time 8th Fire Episode 3: Whose Land is it Anyway? Complete Indigenous Land and Worldview Source Assignment In Google Classroom The Numbered Treaties and Collective Rights The Numbered Treaties and Collective Rights Answer questions using pgs. 123 - 127 in the textbook Perspectives on the Numbered Treaties and Collective Rights Read pg. 137-138 in text Treaties First Nations Perspective Government Perspective - Struggling, starving, dying of - They are taking over the land diseases - wanted help - Expected the First Nations to - Willing to SHARE the land for move onto reserves and out of peace, protection and aid the way of European settlers - Wanted food, medicine, farming - Thought treaties would “expire” help as First Nations were assimilated - Treaties are a partnership that into Canadian culture lasts forever Education/Residential Schools First Nations Perspective Government Perspective - Adding new knowledge to their - Change “Indians” into Canadians current culture (reading, writing, - Convert to Christianity math, farming, etc) - Get rid of their “savage” culture - Live at home and have schools - Students will live at schools built nearby - “Kill the Indian in the child” - Improve themselves, not lose themselves Kent Monkman Indian Act First Nations Perspective Government Perspective - Get what was promised in the - Assimilation of First Nations Treaties - Deal with the “Indian Problem” - Maintaining sovereignty and - Controlled the First Nations autonomy (control over their own peoples like Children affairs) (paternalism) Constitution Act - 1982 First Nations Perspective Government Perspective - Keep the Treaty Agreements in - All Canadians should have the place same rights - Get collective rights as aboriginal - Get rid of old laws - Treaties, peoples of Canada Indian Act - Start fresh with the new Constitution  Compromise between the two perspectives was Section 35 of the Constitution Section 35 of the Constitution Act Section 35 is the part of the Constitution Act that recognizes and affirms Aboriginal Rights. The Canadian government did not initially plan to include Aboriginal rights so extensively within the constitution when the Act was being redrafted in the early 1980s. Early drafts and discussions during the patriation of the Canadian Constitution did not include any recognition of those existing rights and relationships, but through campaigns and demonstrations, Aboriginal groups in Canada successfully fought to have their rights enshrined and protected. Section 35 of the Constitution Act It is important to understand that Section 35 recognizes Aboriginal rights, but did not create them—Aboriginal rights have existed before Section 35. Section 35 of the Constitution Act states: 35. (1) The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed. (2) In this Act, "aboriginal peoples of Canada" includes the Indian, Inuit and Métis peoples of Canada. (3) For greater certainty, in subsection (1) "treaty rights" includes rights that now exist by way of land claims agreements or may be so acquired. (4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons. Section 35 of the Constitution Act Section 35 of the Constitution Act, 1982 recognizes and affirms existing Aboriginal rights, but does not define them. Aboriginal rights refer to the activities, practice, and traditions of the Aboriginal peoples. Indian Act Exploration Assignment In Google Classroom Section 2: Language Collective Rights Official Language Groups Federal (all of Canada) French and English are equal Citizens can communicate with the federal government in either language Provincial New Brunswick is an officially bilingual province Every other province is either officially French or English Section 23 of the Constitution states that any minority population of sufficient size has the right to publicly funded education in their province History of French in Canada 1608: Samuel de Champlain founds the city of Quebec 1774: Britain passes the Quebec Act 1867: Confederation establishes Canada as a bilingual, bicultural nation 1969: The Official Languages Act reasserts the equality of both languages 1982: The Charter confirms bilingualism and establishes minority education rights Minority Language Education Most importantly: If you are a Francophone in an English-majority province, you have the right to an education in French If you are an Anglophone in a French-majority province, you have the right to an education in English Education is important to maintaining one’s identity and avoiding assimilation  Complete Official Language Education Questions Use pg. 141-149 in Textbook Quebec’s Bill 101 Quebec’s Bill 101 Bill 101: Charter of the French Language Created in 1977, which was before the new Constitution The goal of the bill was to protect and promote the French language in Quebec - Worry was that French identity was being lost - The government wanted to make French the everyday language of education, business and government Rules of Bill 101 1. All signs must be in French 2. Francophones and immigrants in Quebec must attend Francophone schools Rules of Bill 101 Challenge of #1: Violates freedom of expression of Anglophone businesses, Supreme Court decides law can require French to be prominent, but cannot prohibit use of English Rules of Bill 101 Challenge of #2: Violates equality rights. Francophones do not have the right to Anglophone education (this was not the intent of section 23 that protects Francophone education) but immigrant parents have the right to Anglophone education if their child has already received education in English.  Francophone Community Profile of Alberta Graph Interpretation Activity Posted in Google Classroom Section 3: Metis Collective Rights  Fill in Notes using Rupertsland Institute Slideshow Presentation  Truth and Reconciliation Commission Exploration of the Calls to Action - Assignment in the Google Classroom  Chapter 3 and 4 Exam Coming Soon Complete study guides in chapter 3 and 4 notes packages