Diversity Competence in Policing PDF

Working with Diversity Competence  Policing with Diversity Competency Why do police services need diversity training? Watch the news report below about a racist song that circulated through a couple of police services and the RCMP (caution - viewing maturity required): http://www.youtu...

Working with Diversity Competence  Policing with Diversity Competency Why do police services need diversity training? Watch the news report below about a racist song that circulated through a couple of police services and the RCMP (caution - viewing maturity required): http://www.youtube.com/watch?v=oLIdWQi71kk  Policing with Diversity Competency Diversity Competency: possessing the cultural knowledge and understanding to serve communities. Police Services Approach:  The approach to policing that emphasizes ✓ The helpful, supportive aspect of the role ✓ With focus on problem solving, crime prevention ✓ And partnerships between police and community (Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017)  Policing with Diversity Competency Community Perception of Police:  It is necessary to have a positive public image because;  It enhances job satisfaction  It makes the professions safer  It makes police more effective in combatting crime (Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017) Perceptions (Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017) + Interaction Reinforces + + Community Community perceptions perceptions Generates Reinforcement more + of + Police Interactions attitude  Policing with Diversity Competency Recruiting Diversity  Not so easy - some cultures do not see policing work as a noble career due to experiences in their home country  Toronto initiative; women only recruitment seminars  Halton Regional Police; enhanced language training for employment specific language  Vancouver; Aboriginal cadet program (Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017)  Policing with Diversity Competency Recruiting Diversity  Toronto & Vancouver; community consultation committees made up of community members and police officers to address concerns in their respective cultural communities  Toronto; community police liaison committee for geographical areas  Vancouver; outreach program for Aboriginal population, as well as outreach worker for sex trade workers and other vulnerable populations (Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017)  Policing with Diversity Competency Cross-cultural Investigations Relationships with the cultural group prior to the investigation are crucial. Must have the confidence of the community and their leadership:  will require assistance of community members  will develop long lasting relationships with the community (Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017) Working with Diversity Competence  Policing with Diversity Competency Why do police services need diversity training? Watch the news report below about a racist song that circulated through a couple of police services and the RCMP (caution - viewing maturity required): http://www.youtube.com/watch?v=oLIdWQi71kk  Policing with Diversity Competency Diversity Competency: possessing the cultural knowledge and understanding to serve communities. Police Services Approach:  The approach to policing that emphasizes ✓ The helpful, supportive aspect of the role ✓ With focus on problem solving, crime prevention ✓ And partnerships between police and community (Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017)  Policing with Diversity Competency Community Perception of Police:  It is necessary to have a positive public image because;  It enhances job satisfaction  It makes the professions safer  It makes police more effective in combatting crime (Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017) Perceptions (Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017) + Interaction Reinforces + + Community Community perceptions perceptions Generates Reinforcement more + of + Police Interactions attitude  Policing with Diversity Competency Recruiting Diversity  Not so easy - some cultures do not see policing work as a noble career due to experiences in their home country  Toronto initiative; women only recruitment seminars  Halton Regional Police; enhanced language training for employment specific language  Vancouver; Aboriginal cadet program (Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017)  Policing with Diversity Competency Recruiting Diversity  Toronto & Vancouver; community consultation committees made up of community members and police officers to address concerns in their respective cultural communities  Toronto; community police liaison committee for geographical areas  Vancouver; outreach program for Aboriginal population, as well as outreach worker for sex trade workers and other vulnerable populations (Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017)  Policing with Diversity Competency Cross-cultural Investigations Relationships with the cultural group prior to the investigation are crucial. Must have the confidence of the community and their leadership:  will require assistance of community members  will develop long lasting relationships with the community (Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017) Valuing Diversity Working with Diversity Competence   What do you think diversity and inclusion in the workplace means? Diversity and  In the workplace, diversity means your staff consists of individuals who bring new perspectives and backgrounds to the table. Inclusion in the  Inclusion means that everyone in the diverse mix feels involved, Workplace  valued, respected, treated fairly, and embedded in your culture. https://www.google.com/search?q=diversity+and+inclusion+in+the+workplace&rlz=1C1GCEB_enCA1031CA1031&oq=diversity&gs_lcrp=EgZjaHJvbWUqBwgEEAAYg AQyEggAEEUYORiDARixAxjJAxiABDINCAEQABiDARixAxiABDIKCAIQABixAxiABDINCAMQABiDARixAxiABDIHCAQQABiABDIGCAUQRRg9MgYIBhBFGD0yBggHE EUYPdIBCDY2MTVqMGo3qAIAsAIA&sourceid=chrome&ie=UTF-8#imgrc=hkikOdjahaB-CM&imgdii=M4yoaMcErjDz0M   What are some benefits of Diversity in the workplace:  You get multiple perspectives…which can lead to  More innovation Diversity and  More creativity  Easier decision-making Inclusion in the  Better problem solving Workplace  If people feel valued, and included…you will get more employee engagement  Learning and development opportunities  Reduced turnovers  Because at the end of the day, when you are happy in your work life, it affects your life outside of work.  Self-awareness of one’s cultural/social identities, assumptions, values, norms, biases, stereotypes, preferences, experience of privilege and/or oppression, and how they shape one’s worldview. Understand how an individual’s positionality and communication Key Diversity affect how one selects staff, projects, what is taught, and/or interactions with clientele. Competencies- Self-awareness of Understand that cultural issues may generate emotional reactions. cultural values, assumptions and bias Commitment to lifelong learning of diversity, equity and inclusion and personal change. Ability to reframe mental models and openness to giving and receiving constructive feedback.  Engage in inquiry of the histories, social identities of diverse people and cultural groups, their cultural influences, and how they intersect. Ability to empathize and value ways of being, communicating, doing, and thinking other than Understanding our own. and valuing Knowledge of how to build trust with people others who are different from themselves across race, class, disabilities, gender, sexual orientation, and other human differences. Understand the barriers for diverse cultures to engage in Extension programs and services including the impacts of previous interactions and engagement with programs.  Embrace, integrate, and adapt to diverse cultural styles. Engage in dialogue about diversity, Interpersonal equity and inclusion. skills to engage across Ability to build and sustain trusting different relationships with diverse individuals and groups. contexts Intentionally incorporate voices and perspectives of diverse populations.  Identify and remove barriers to inclusion and belonging with the input and collaboration of stakeholders. Identify and address inequities and identify interventions to create Skills toward environments, policies and practices that foster diversity and social justice. transformation and inclusion Develop metrics, conduct diversity, equity and inclusion organizational assessments on an ongoing basis, and make improvements as they are identified. Utilize results of evaluations to influence strategic planning. SOCIAL INCLUSION Valuing Diversity Diversity, Equity and Inclusion ◦ Diversity – The practice or quality of including or involving people from a range of different social and ethnic backgrounds and of different genders, sexual orientations etc. ◦ Equity – the quality of being fair and impartial ◦ Inclusion – The practice or policy of providing equal access to opportunities and resources for people who might otherwise be excluded or marginalized, such as those who have physical or intellectual disabilities and members of other minority groups. ◦ ‘Diversity Equity’ – the core value and belief that there are no superior or inferior ethnic groups ◦ ‘Diversity Competency’- the ability to establish, develop and maintain relationships with people from diverse populations ◦ In the legal profession, why is it important to understand DEI? Would this affect the way you interact with people from various socio-economic backgrounds?  Diversity, Equity and Inclusion Review of Definitions…. ◦ Stereotype - Conventional, formulaic, and usually oversimplified conceptions that falsify reality through overgeneralization and strip their subjects of individuality. - This is socially learned at an early age - It is supported through the media ◦ Marginalized groups – members of society that are denied rights and/or privileges that other groups often take for granted Diversity, Equity and Inclusion ◦ Racism – a set of attitudes, beliefs and practices used to justify the superior treatment of one racialized ethnic group and the inferior treatment of another ◦ Assimilation ideology – the expectation that an immigrant/refugee abandon their culture and adopt the culture of the host state. ◦ Prejudice – an adverse judgement or opinion formed without knowledge or examination of the facts ◦ Culture – patterns of behaviour and behavioural consequences that are shared and transmitted among members of a particular society Assignment #5 – Social Inclusion ◦ Assignment Breakdown: ◦ Part A - Following Instructions (5 marks) ◦ Part B - Individual Submission (20 marks) ◦ Part A – Instructions (5 marks) ◦ In descending order on the top left-hand side of the page, write down: ◦ SURMAME, followed by their First name ◦ Today’s date ◦ In-class Assignment #5 Assignment #5 – Social Inclusion ◦ PART B: Individual Submission (20 marks) ◦ Question 1 – Social Inclusion ◦ Define social inclusion. ◦ Question 2 – Social Exclusion ◦ Discuss social exclusion. Provide three (3) examples of social exclusion. Assignment #5 – Social Inclusion ◦ Question 3 – Affect of Social Exclusion ◦ In what ways does social exclusion negatively affect someone’s mental health and academic achievement? What other areas of someone’s life could be negatively affected by social exclusion? ◦ Question 4 – Social Exclusion & Discrimination (unfair treatment) ◦ Discrimination is often the underlying factor fostering social exclusion. What is the basis of discrimination and social exclusion – why do they occur? ◦ Question 5 – AODA ◦ Using reliable sources and in bulleted points, explain the main purpose(s) of the Accessibility for Ontarians with Disabilities Act? ◦ Include the sources used. Assignment #5 – Social Inclusion ◦ Question 6 – Benefits of Social Inclusion ◦ What are some individual and community benefits of promoting and supporting social inclusion? ◦ Question 7 – Marginalize Groups ◦ What are five examples of marginalized groups in Canada and why are they marginalized? Merriam-Webster.com defines marginalize as “to put or keep (someone) in a powerless or unimportant position within a society or group; to place in a position of marginal importance, influence, or power:”  Indigenous Socio-economic Conditions Indigenous Demographics (based on 2011 census) Remember, under the Indian Act, 1876 the federal government decides who is recognized as Indian (in 1951, a national registry was established). Since the 1960s, the Indigenous population has gradually increased. In 1985, Bill C-31 amended the Indian Act to address its gender inequality and 117,000 Indigenous Peoples who had lost their status, re-gained it (mostly woman and their children). From 1996 – 2006 the Indigenous population in Canada rose by 44.9 percent due to an increased birth rate, lower death rate, and the number of people who gained or lost status.  Over 1,400,000 reported Indigenous identity  First Nations – 851,560 (people descended from the original inhabitants of Canada who lived here for many thousands of years before explorers arrived from Europe)  Metis – 451,795 (members of ethnic groups native to Canada and parts of the United States that trace their descent to Indigenous North Americans and European settlers)  Inuit – 59,445 (a group of culturally similar Indigenous Peoples inhabiting the Arctic regions of Greenland, Canada and Alaska)  Indigenous birth rate is 1.5 times higher than the national average; population is younger on average; life expectancy 7 years shorter than the national average  80% of Indigenous Peoples live in Ontario, Manitoba, Saskatchewan, Alberta, and British Columbia  Western provinces and the territories have the highest ratio of Indigenous Peoples to the total population  Indigenous population is becoming more urban – 54% live in urban centres  In 2011, the average age for Indigenous Peoples was 28 (compared to 41 years of age for non-Indigenous). This creates a potential problem:  As the general Canadian population ages, social services will shift toward providing services for an aging/elderly population  Indigenous communities (both on/off reserve) will focus on providing education and finding employment for a relatively young population Economic Conditions  The economic activities of Indigenous Peoples and communities differ throughout Canada (remember Indigenous Peoples are not one homogeneous group)  Historically, Indigenous economies were based on survival and economies were formed around fishing, hunting and gathering  This influenced the structure of their groups, the size and duration of their settlements, gender labour roles, and interaction with other groups  A surplus of resources allowed for trade among different Indigenous communities, formed or reinforced alliances, or helped resolve disputes  The Indigenous economies were, and continued to be, influenced by:  Colonization  Social exclusion  Political & economic marginalization (treatment of a person, group, or concept as insignificant) Impact of Colonization Initially the arrival/presence of Europeans had minimal effect on the traditional economic activities of Indigenous groups - contact with the Europeans provided new trade opportunities. However, conflicts arose when hunting/trapping became less survival based and driven more by European market needs, and with increased European claims to Indigenous lands and resources. Many Indigenous economies were becoming weak and vulnerable as:  Settler economy advanced  Fur trade declined  Many communities’ economies were disrupted and vulnerable  The residual effect of colonization continues to impact the economic conditions of Indigenous Peoples in Canada today 1|P a ge Modern Indigenous Economies Indigenous Peoples contribute to Canada’s economy by participating in the labour force, and mixing of traditional survival type activities (hunting/fishing/trapping) with more formal type economic activities (i.e. selling/trading surplus of goods hunted/fished within their community). Economies vary and are dependent on geographical location, presence of industry, regulatory restrictions on land/resources, and whether one lives on/off a reserve. The majority of Indigenous Peoples in Canada participate in the formal labour market. Modern Indigenous economies are quite complex and are influenced by:  Evolutionary heritage of each community  Extent of communities/individuals drawn into formal economy (supply/demand, wage economy)  Federal government’s role in support and administration of Indigenous economies The Indigenous Peoples economic activities and contributions to Canada’s economy vary and include many industries and professions. In 2010, health care and social assistance jobs were the largest employer for Indigenous Peoples living in the provinces and off reserve, followed by retail and trade, public administration and construction. They were underrepresented in management positions and in natural and applied sciences. Economic Activities – First Nations According to Indigenous and Northern Affairs Canada (INAC), there are currently 617 First Nations in Canada, representing more than 50 nations/cultural groups. In 2012, there were 3,169 reserves in Canada (not all were inhabited). Their economic activities vary greatly with the largest representation in:  Public administration  Retail  Construction  Accommodation & food services Economic Activities – Metis Governments in Canada historically argued that Metis had no existing Indigenous rights and refused to negotiate with the Metis people. The Supreme Court of Canada recognized the distinct existence of Metis and their Indigenous rights in 2003. In 2006, the Metis had the highest employment rate amongst Indigenous Peoples at 74.6%. Their highest representation of employment is in:  Retail  Health care and social services  Construction  Manufacturing industries Economic Activities – Inuit The federal government and the Western Inuit signed the first land claim settlement in Canada’s three northern territories in 1984. This settlement guaranteed control of their land, subsurface rights to oil, gas and minerals, and the right to hunt and harvest anywhere in the claim area. Inuit also participate in the oil and gas industry, mining and resource development. Traditional subsistence activity like hunting, fishing and trapping, still provide them with food and supplement many incomes. Employment rates increased to 61.1% between 2001 and 2006. Inuit’s highest areas of employment are in:  Public administration  Healthcare and social assistance  Retail  Construction  Transportation  Education and accommodation/food services  The path to economic development for Indigenous Peoples is to access the natural resources and partnerships with corporations for resource development. Problem/obstacle – a lot of the lands are currently under claim. Government Support Remember, the federal government’s aggressive assimilation policies throughout the 19th and early 20th centuries helped create a paternalistic relationship with First Nations Peoples. The government believed First Nations did not have the ability to care for themselves, their families, or provide proper education, etc. The residual effects of European settlement on First Nations lands, and the integration of their economies with the supply and demand formal economies also increased First Nations economic vulnerability. Eventually, they became ‘wards of the state’ – with increasing dependence on the federal government for funding and services. 2|P a ge Social Conditions Social conditions of Indigenous Peoples in Canada vary greatly based on where they live, income level, family, cultural factors and Indigenous classification (First Nations, Metis and Inuit). The following section outlines the social concerns regarding housing, employment, education, and health for First Nations Peoples. The federal government through the Department of Aboriginal Affairs and Northern Development Canada (AAND) is responsible, and provides funding, for virtually all the social programs and services delivered to First Nations Peoples (and the Inuit) registered with status. Funds for social programs on reserves are provided by the federal government to First Nations band administrators. Place of Residence  Indigenous Peoples live throughout Canada (in isolated northern communities and reserves to large urban centres)  They can live on or off reserves  The reserves can be very isolated (more likely in the north); close to urban centres (more likely in the south); or even within urban centres 2011 census:  49.3% lived on reserves  ½ of population lived in Ontario, B.C., and Alberta  Highest concentration living in urban areas – Winnipeg, Edmonton, and Vancouver Education The federal government funds 518 band-operated schools in Canada, and bands want complete control over education (via the First Nations Education Act). Remember, the federal government has a treaty obligation to fund First Nations education, and it is well documented that post-secondary education for Indigenous Peoples is underfunded. As well, provincial funding for non-Indigenous students is more per student and provincial teachers are paid more. Some communities don’t have high schools, so students leave their communities to attend secondary school in the city and board with other families. 2011 data:  28.9% of Indigenous population between 25-64 years old did not have a high school diploma (only 12.1 % of non-Indigenous)  68% of Indigenous Peoples 35-44 years old likely to have a high school diploma (compared to 88.7% of non-Indigenous) Read the article regarding post-secondary education funding for First Nations via the link below: http://www.cbc.ca/news/indigenous/debunking-the-myth-that-all-first-nations-people-receive-free-post-secondary-education- 1.3414183 (this link is also posted on the course eLearn site) Income and Employment Income levels for Indigenous Peoples are directly related to the educational level achieved:  2006: average income for Indigenous Peoples - $18,962 (compared to $27,097 for non-Indigenous)  2009: the rate of employment of Indigenous Peoples - 57% (compared to 61.8% for non-Indigenous)  2009: Indigenous youth employment rate – 45.1% (compared to 55.6% for non-Indigenous)  2012-2013: 33.6% of on-reserve First Nations Peoples received social assistance (compared to 5% for non-Indigenous)  This figure is much higher in some Indigenous communities where social assistance rates are higher than 80% Health Although the overall health of Indigenous Peoples has improved in recent years, it continues to lag behind the general Canadian population. Indigenous Peoples are three times more likely to be diagnosed with Type 2 diabetes; they contract 8% of all HIV infections in Canada, and are eight-ten times more likely to get tuberculosis. Substance use (drugs/alcohol/solvents) continues to be a serious issue in many First Nations communities. Suicide rates for Indigenous Peoples in Canada have been alarming higher than the general population for some time. A 2000 study found that suicide and self-inflicted injuries were the leading causes of death for First Nations Peoples under 45 years old. Suicide rates among First Nations youth are about five to six times the national average (Inuit youth rates are about ten times the national average). There are many reasons for the high rates of suicide and may include:  Depression due to social, cultural, or generational dislocation  Drug and substance use/addiction  Lack of housing, food and access to opportunity  In small/isolated communities, the traumatic experience of youth suicides can lead to ‘suicide clusters’ 3|P a ge Housing Under colonial governments (pre-confederation – 1867), most Indigenous communities have inadequate housing and infrastructures, mainly in rural and northern communities and on reserves. Housing and living conditions vary greatly amongst Aboriginal Peoples and depend on:  Geographical location  Rural or urban setting  Live on or off reserve  Generally speaking, Indigenous Peoples live in poorer housing conditions than non-Indigenous people. Watch the Tragedy at Pikangikum video (get who, what, where, why, when information – particularly the number of deaths by suicide in a nine year period, and the coroner’s number one recommendation) http://www.cbc.ca/player/play/2204884962. VIDEO NOTES: __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ __________________________________________________________________________ Sources: Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017 First Nations Peoples in Canada. Retrieved January 17, 2017 from https://www.aadnc-aandc.gc.ca/eng/1303134042666/1303134337338 First Nations. Retrieved January 17, 2017 from http://www.thecanadianencyclopedia.ca/en/article/first-nations/ Indigenous and Northern Affairs Canada. Retrieved January 17, 2017 from https://www.aadnc-aandc.gc.ca/eng/1100100010002/1100100010021 4|P a ge  Indigenous Peoples and the Criminal Justice System Systems of Justice Comparison Anglo-Canadian Justice Traditional Indigenous Justice Laws formulated by elected representatives Laws formulated by the community through tradition and consensus Laws tied to man-made economy Laws tied to the natural environment, only a few universally condemned actions Protestant ethic and Christianity the moral foundation of law Traditional Indigenous religions the foundations of codes of behaviour Personal offences seen as transgressions against the state as Personal offences seen as transgressions against the victim and represented by the monarch his/her family; community threatened only when the public peace is threatened Law administered by representatives of the state in the form Laws usually administered by the offended party (i.e. family, clan) of officially recognized or operated social institutions Force and punishment used as methods of social control Arbitration and ostracism (isolation) usual peacekeeping methods Individualistic basis for society and the use of the law to Communal basis for society; no legal protection for private protect private property property; land held in trust by an individual and protected by the group Indigenous Peoples Overrepresented in Canada’s Criminal Justice System  Indigenous Peoples are overrepresented in the criminal justice system (as offenders and inmates)  They are underrepresented as officials, officers, court workers and lawyers  Rates of Indigenous incarceration continue to increase. In 2013:  Federally-sentence Indigenous offenders accounted for 23.2% of the inmate population (compared to 17% in 2001)  Indigenous women represented 33.6% of all federally sentenced women  Federally-sentenced Indigenous offenders are younger than non-Indigenous inmates (21.3% of Indigenous offenders were 25 years or younger – compared to 13.6% for non-Indigenous)  Indigenous inmates are released later in their sentences and overrepresented in solitary confinement  Are more likely to have previous sentences  Are classified as higher risk for longer periods of their sentence View Aboriginal Prison Report video via the link below. Pay particular attention to Correctional Investigator, Howard Sapers’ findings/comments on the reasons for the unsuccessful reintegration of Aboriginal offenders: https://www.youtube.com/watch?v=qLRF7l35EqM Historical and/or social reasons contribute to the overrepresentation of Indigenous Peoples in the criminal justice system:  History of dislocation from families and traditional communities  Effects of the residential school system and forced assimilation  Loss of cultural/spiritual identity  Experiences in the child welfare system (sexual/physical abuse)  History of suicide, racism and discrimination  Substance use/addiction and/or victimization  Lower educational achievement  Poor living conditions and poverty Page 1  Exposure to and/or membership in street gangs Victimization – Indigenous Peoples are 58% more likely to be the victim of crime and are:  Twice as likely to be victims of both non-spousal and spousal assault (the injuries sustained in a spousal assault are twice as likely to be severe)  Three times more likely to be victims of sexual assault Indigenous Police Services: Existing police services across the country were not always aware of the cultural differences and needs of Indigenous communities. In the 1970s and 1980s Indigenous Peoples began to develop their own police services. Indigenous police recruitment programs helped the RCMP and other police services add Indigenous constables to their staffs.  In Ontario 1,969 bands began hiring band constables with limited authority  By 1973 additional more comprehensive policing power was delivered by First Nations branches of larger police services  In 1991, the federal government introduced First Nations Policing Policy to meet the needs of Indigenous communities  By 2012-2013, there were 396 Indigenous communities with a police service, employing 1,261 police officers  Most larger municipal police services have an Indigenous services branch  Most reserved territories across Canada are served by the RCMP View Alberta Town Struggles with Gangs and Violence via link below. Pay particular attention (take notes) to the Hobbema Community Cadet Program information: https://www.youtube.com/watch?v=pfYPXOtAX_s Addressing Concerns re: Indigenous Peoples and the Criminal Justice System  Recommendations from Royal Commission on Aboriginal People (RCAP 1995) and Justice Linden’s report on the Ipperwash Crisis (2004) that Cultural awareness training be mandatory for all police and corrections officers What is Gladue?  Gladue refers to a right that Indigenous Peoples have under 718.2 (e) of the Criminal Code  It applies to all self-identified Indigenous Peoples (status and non-status), regardless of whether they live in or outside of the Indigenous community  Criminal Code amended in 1996 to address over-representation, racism and systemic discrimination in and out of the criminal justice system of Indigenous Peoples. Section 718.2(e): Judges allowed to examine alternatives to imprisonment which are reasonable for the circumstances for all offenders “with special attention to the circumstances of Aboriginal offenders” Gladue give judges discretion to use sanctions outside of the mainstream prisons for Indigenous men and women when appropriate What is a Gladue Report?  A pre-sentencing or bail hearing report usually prepared by a Gladue caseworker at the request of the judge, defense lawyer or Crown attorney. The Report contains:  Recommendations to the court about what an appropriate sentence might be  Information about the Indigenous person’s background (i.e. history regarding residential schools, child welfare removal, physical or sexual abuse) Gladue Courts (Aboriginal Peoples Court)  Began in Toronto 2001  All Crown attorneys, judges, and defense counsels have extensive training in the concepts of Aboriginal justice, and in the alternative programs available to Aboriginal offenders. Options available:  Sentencing circles (a community-directed process, conducted in partnership with the criminal justice system, to develop consensus on an appropriate sentencing plan that addresses the concerns of all interested parties)  Elders panels  Sentencing to residential Aboriginal treatment centers for alcohol and drug abuse  Sentencing into the care of designated community members or an available healing lodge Page 2 Historically:  Aboriginal accused relied almost solely on legal aid (government funded legal assistance) for their legal defense  Spent less time with a lawyer than a non-Aboriginal accused  Spent more time in pre-trial custody  Most often pled guilty  Less frequently applied for alternative measures The Aboriginal Court Worker Program was created to address the above, to assist Aboriginal clients through criminal justice system, and to ensure they were aware of available programs Corrections and Conditional Release Act - new Provisions allow for:  Transfer of inmate from a correctional facility to a First Nations community in non- institutional setting, under 24 hour supervision of community members  Transfer to a spiritual or healing lodge or treatment center  Allow First Nations communities to participate in the creation of the inmate’s release plan into the community FYI – For more detailed information and statistics see The Incarceration of Aboriginal People in Adult Correctional Services link below. http://www.statcan.gc.ca/pub/85-002-x/2009003/article/10903-eng.htm#a1 The following summary is directly from the Statistics Canada link/report indicated above: Summary The representation of Aboriginal adults in custody has historically been, and continues to be, higher than their representation in the overall population. The gap in socio-economic conditions between Aboriginal and non-Aboriginal people has frequently been presented as context to this representation. Analysis of Census and correctional services data from selected provinces suggests that age, while one of the strongest factors in criminal behaviour may not be the strongest explanation for the representation of Aboriginal people in custody. Rates of incarceration based on education and employment characteristics, on the other hand, suggest that a lack of a high school diploma and employment contribute to the representation of Aboriginal adults aged 20 to 34 in custody. Analysis also suggests that while education and employment may reduce an Aboriginal person's risk of incarceration, the risk still remains higher than for their non-Aboriginal counterparts. As such, factors other than education and employment are likely involved in the representation of Aboriginal offenders in custody. Other factors could include income, housing and criminal justice processes. Finally, information on the rehabilitative needs of Aboriginal offenders provides an indicator of risk factors for re-offending and returning to correctional services—factors that may also contribute to the representation of Aboriginal offenders in custody. Sources: Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017 First Nations Peoples in Canada. Retrieved January 20, 2017 from https://www.aadnc-aandc.gc.ca/eng/1303134042666/1303134337338 First Nations. Retrieved January 20, 2017 from http://www.thecanadianencyclopedia.ca/en/article/first-nations/ Indigenous and Northern Affairs Canada. Retrieved January 20, 2017 from https://www.aadnc-aandc.gc.ca/eng/1100100010002/1100100010021 The Incarceration of Aboriginal People in Adult Correctional Services. Retrieved January 20, 2017 http://www.statcan.gc.ca/pub/85-002- x/2009003/article/10903-eng.htm Page 3 Menu Search Sign In Thunder Bay · Audio New school opens in Pikangikum First Nation nearly a decade after old one burned down Remote community's only school burned down in 2007, students learning in portables since then Jody Porter · CBC News · Posted: Oct 13, 2016 6:00 AM EDT | Last Updated: October 14, 2016 Lily Kejick, 16, says learning to play a traditional hand drum gives her courage to share songs with her community. (Jody Porter/CBC) Superior Morning 5:09 Carolyn Bennett in Pikangikum The Minister of Indigenous Affairs was in Pikangikum earlier this week for the opening of a brand new school in that community. We'll find out more of the minister's thoughts on First Nation education. Kids in a remote First Nation in northern Ontario are attending classes in a proper school building for the first time in nearly a decade. The Minister of Indigenous Affairs visited the Eenchokay Birchstick, kindergarten to Grade 12 school, in Pikangikum First Nation on Wednesday. The community's previous school burned down in 2007. Since then, the approximately 900 school-aged children in Pikangikum were attending classes in a series of portables. Pikangikum First Nation documents decades-long quest for government help Fire destroys reserve's only school, sparks support movement Pikangikum First Nation fire kills 3 children, 6 adults "It's really fun being in the new school after being in portables," said Lily Kejick, 16. "It's just really hard being in portables, but since we're in the new school, everything is going great. It's so awesome." About 900 students attend classes at the new school in Pikangikum First Nation, from junior kindergarten to Grade 12. (Jody Porter/CBC) The Grade 10 student says gym and music are her favourite classes and she'd like to become a music teacher after she graduates. Kejick also takes part in a special program at the school called Project Journey. It's funded by the federal government and supported by Pikangikum First Nation and the Ontario Provincial Police to provide youth in the community with cultural activities such as canoeing, drumming and hunting. Indigenous Affairs Minister Carolyn Bennett begins a tour of Pikangilkum's new school in the two-storey foyer, featuring an eagle floor mural. (Jody Porter/CBC) "I really wanted to help out my community and it just brings happiness to me to see other people getting together," Kejick said. Indigenous Affairs Minister Carolyn Bennett praised Project Journey and said she wants to focus federal investments in community-based, on-the-land education. "You learn physics by trying to get your canoe to go ahead in the wind; you learn chemistry by using the chemicals in the brain to tan the deer hide; you learn biology by cleaning a fish — these are real teachings," Bennett said. Words of inspiration are spelled out in English and Ojibway syllabics throughout the school. (Jody Porter/CBC) Bennett acknowledges that the per student, per year funding for First Nations students falls short of what some provinces spend, but she said change must be about more than dollars and cents. She told First Nations leaders in northern Ontario that she wants to "decolonize" education and encouraged them to come up with their own systems of education, what she called an "Indigenous pedagogy." CBC's Journalistic Standards and Practices | About CBC News Corrections and clarifications | Submit a news tip | Report error Popular Now in News 1 Trudeau presents premiers with plan to address Trump's border concerns as tariff threat looms 507 reading now 2 UPDATED Ford threatens to cut off Ontario's energy supply to U.S. if Trump follows through on tariffs 445 reading now 3 Labour minister says Ottawa will remain on sidelines as postal strike nears four weeks 269 reading now 4 Bank of Canada makes another hefty rate cut with slower pace of cuts going forward 145 reading now 5 Entertainer and mentalist The Amazing Kreskin dead at 89 124 reading now TRENDING VIDEOS 0:28 3:37 9:54 1:30 VIDEO VIDEO VIDEO VIDEO VIDEO Horrific crash cancels final Man gunned down in Freedom Convoy leaders Southern Manitoba woman, Trump repeats tar round of UCI Track Cycling Brampton driveway in Tamara Lich and Chris Barber 23, dies following dental talks Trudeau visit Champions League targeted attack: Peel police have unfinished business procedure interview CBC News Toronto The National RECOMMENDED FOR YOU ? 2:49 UPDATED Trudeau presents premiers Labour minister says Ottawa LAPD says Hannah Bank of Canada m with plan to address Trump's Ford threatens to cut off will remain on sidelines as Kobayashi found safe, a another hefty rate border concerns as tariff Ontario's energy supply to postal strike nears four month after family reported slower pace of cut threat looms U.S. if Trump follows weeks her missing forward through on tariffs Darren Major Muriel Draaisma Jenna Benchetrit Politics Canada - Toronto Politics World Business |  Residential Schools and the ‘Sixties Scoop’ The Indian Residential School System in Canada What federal legislation created the Indian residential school system in Canada?  Education was/is a treaty obligation of the federal government (the Native Nations had negotiated for schools, because they viewed education as an addition to their own cultural forms of education)  British North America Act, 1867 required the federal government to provide Aboriginal children with an education and integrate them into Canadian society  Amendment to the Indian Act in 1884 made attendance of status Indians under 16 years old mandatory  In 1920, mandatory for every Indian child to attend a residential school and illegal for them to attend any other school What was the primary objective/purpose of the residential school system?  Government sponsored-religious schools to educate, convert, and integrate/assimilate Aboriginal children into Euro- Canadian society/culture  Separate children from the influence of family and culture  Destroy all aspects of Aboriginal culture in the young children to interrupt the flow of Aboriginal culture from one generation to the next When was the residential school system in place – year range?  From the 1870s - until the last residential school closed in 1996 (Gordon Residential School in Punnichy, Saskatchewan)  Approximately 150,000 First Nations, Inuit, and Metis children attended Where was the residential school system implemented?  Schools stretched across much of Canada  Around 80 residential schools by 1930  Most were in the western provinces and territories, some in northwestern Ontario and northern Quebec, one in Nova Scotia Mohawk Institute Residential School (Brantford)  Created in 1828 as a ‘mechanics’ day school for Six Nations boys  Operated by the Anglican Church of Canada  1831 became a residential school for boys – girls started attending in 1834  1884 attending residential school mandatory – accepted Native children from surrounding reserves  Farming the land around the school was a regular routine for the children until 1963  School closed in 1970 – Six Nations assumed ownership of the building a year later Who/what funded the residential school system, and why? Native Bands (initially provided support/funds for education)  Aboriginal leaders realized children would need new knowledge/skills to cope with diminishing access to natural resources, expanding settlement, and preparation for non-Native jobs  Peter Jones, Ojibwa/Methodist, began 4 schools in southern Ontario (bands donated ¼ of treaty money to help fund the schools)  They believed state schools and Aboriginal Peoples would work together to preserve their traditional culture, while preparing their children for the rapidly changing world around them  Native Peoples stopped funding and attending the schools when they found that the curricula required children to reject Native language/culture/beliefs/traditions 1|Page Federal Government  Federal government funded the residential school system (generally underfunded) as part of treaty obligations, but also realized education was effective way to implement assimilation policy  Government had a very paternalistic view - believed it was responsible for educating/caring for Aboriginal Peoples – like a parent would care for their child  Believed the best chance for Aboriginal success was to learn English, adopt Christianity and Canadian customs  Canadian lifestyle/culture would be passed on to Aboriginal children – Native traditions diminish or disappear in a few generations (‘kill the Indian in the child’)  Policy of ‘aggressive assimilation’ through education Who/what administered the residential school system, and why did they believe it was their responsibility to do so?  European settlers believed their culture/religion was the height of human success  Saw the Aboriginal Peoples as ignorant, savage, like children needing guidance  Education became the primary way to education/convert/assimilate  Roman Catholic, Anglican, United and Presbyterian churches recruited by the federal government to run the schools  Churches believed they had a responsibility to educate and convert (proselytizing – spreading the word)  Christianity would replace Native culture and spirituality  Agreed to administered the churches and provide staff in exchange for land grants and grants per student (this created competition between churches – vied to ‘save souls’ and receive funding/money)  Department of Indian Affairs took over the residential school system in 1969 ending church involvement Who taught at the residential schools, why did they teach there, and were they qualified? Residential school survivors’ complaints about the staff were supported by studies done in the early 1960s. These studies (with few exceptions) placed staff into three categories: 1. Fairly new immigrants 2. Canadians from lower socio-economic backgrounds 3. Small number of Aboriginal Peoples  Churches provided cheap staff that were ill-prepared, poorly educated, lacked qualifications, and often couldn’t speak English  In 1967, researcher Richard King stated staff at the Yukon Indian School at Mopass was “generally deviant in the white man society.” Why didn’t each Indian reserve have its own school? A school was not established on each reserve despite funding guarantees in certain treaties (i.e. The Stone Fort Treaty, 1871 stated – ‘and further, Her Majesty agrees to maintain a school on each reserve hereby made, whenever the Indians of the reserve should desire it.’):  Too costly to have a school on each reserve across the country (attempted to make schools self-sufficient)  Wanted distance between children and their families/culture – part of the assimilation plan What was the curriculum at the schools, and was it effective? Some early schools were classified as industrial and successfully trained Aboriginal children with a skilled trade. However; they faced prejudice and little employment opportunities in the workforce. Also, in 1897 the minister of the interior stated “We are educating these Indians to compete industrially with our own people, which seem to me a very undesirable use of public money.” The industrial-trade schools were eventually phased out. Over time the education at the residential schools was considered inferior:  Lessons were taught in either French and English (many children spoke neither)  Boys focused on training for manual labour jobs in agriculture, woodworking, tinsmithing  Girls taught domestic work (laundry, sewing, cooking, cleaning)  Schools operated on a half-day system (half-day in class, the other half doing work around the school)  Most students reached only a grade 5 education by the time they were 18 years old  Many students left unable to read, write or even speak English/French 2|Page Why did the students work on the residential schools’ grounds/property in addition to going to school? In theory, the churches/government stated working at the school helped develop employment skills. In reality – students were free labour (run the schools as cheaply as possible).  By 1940s – clear the ½ day system failed to provide residential students adequate training/education  By 1950s – funding increased and ½ day system abandoned in 1951 What were the living conditions at the residential schools? Remember – the purpose of the residential schools was to eradicate all aspects of Aboriginal culture, assimilate Aboriginal children into mainstream Euro-Canadian society, and to prevent Aboriginal culture from passing down generation to generation.  Students wore uniforms, their hair was cut short, boys and girls were kept apart, days strictly regimented  Uniforms often fit poorly and were often not adequate for the season (i.e. not warm enough in winter)  Forbidden to speak own language, practice their customs/traditions (severe punishment if rules violated)  Food was low in both quantity and quality (underfed and malnourished)  Poor sanitation  At least 3,200 children died in the overcrowded residential schools  Susceptible to diseases (tuberculosis/influenza)  Evidence students subjected to medical experimentation  No increase in funding to improve situation even after inquiries/recommendations made What type of abuses occurred in the residential schools? Survivors speak of abuse in four main categories: 1. Sexual Abuse Supreme Court Justice Douglas Hogarth referred to one abuser as a sexual predator and sexual terrorist. Stating – ‘As far as the victims are concerned, the Indian residential school system was nothing more than institutionalized pedophilia.”  In 1990, Rix Rogers (special adviser to the minister of National Health and Welfare on child sexual abuse) stated “a closer scrutiny of the past treatment of Native children at Indian residential schools would show 100 percent of children at some schools were sexually abused.”  In 1994, the RCMP task force created to investigate past sexual assaults at the schools discovered thousands of victims 2. Physical Abuse There are many cases of physical abuse recorded in the Department of Indian Affairs files. Teachers/staff that were sympathetic to the children and reported abuse by others were often fired. Corporal punishment was common for minor infractions, and severe beating common for those who ran away (and were caught). 3. Emotional Abuse Emotional/psychological abuse is a very damaging kind of abuse, and was constant in the residential schools. Children were regularly mocked, and called insulting names specifically aimed at their race. Students were often punished in front of the entire class, sometimes naked or just in their underwear. 4. Spiritual/cultural Abuse Spiritual and cultural abuse was inherent in the real purpose of the schools – assimilation. Remember, one objective of the schools was to eliminate the Aboriginal way of life and spiritual beliefs in the children, so they would not pass on their culture/beliefs to the next generation. What is the long-term impact of the residential school system? A 1948 federal government review of the residential school system determined it was a dismal failure. The government proposed phasing out the schools and integrating Aboriginal students into the mainstream education system. Many residential schools remained open until the 1960s, with the last one closing in 1996. It has been acknowledged by the federal and provincial governments, and the religious institutions involved that the residential schools has had a devastating effect on Aboriginal communities across Canada for generations. The residential school system is commonly referred to as a form of cultural genocide. 3|Page  Disrupted lives, families and communities by severing the ties through which Aboriginal culture was taught and sustained  Forcibly separated children from their families for extended periods of time; generations of Aboriginal children grew up without experiencing a nurturing family life  Forbade them to acknowledge their heritage and culture, or speak their own language  Systematically undermined Aboriginal culture across Canada – contributing to a general loss of language and culture  Many of the leaders, teachers, parents and grandparents of today’s Aboriginal communities experienced the residential school system first-hand  Many lack sufficient parenting skills, and as result of experiencing abuse, abuse their children/family  High incidence of domestic violence in Aboriginal families and broken homes  The cycle of physical and sexual abuse (‘learned’ at the schools) continues and the dysfunction can last for generations  Many survivors have extremely low self-esteem – causing high rates of alcoholism, substance abuse, and suicide  Suicide and self-inflicted injury among First Nations Peoples aged 10-44 is the leading cause of death  First Nations women attempt suicide eight times more than other Canadian women, and First Nations men five times more than other Canadian men  Feeling of isolation – don’t feel they belong in either world (neither truly Aboriginal nor part of Canadian society)  Struggle to fit in and often face discrimination in both societies 1966 & 1967 Hawthorn Reports  Federal government commissioned Harry Hawthorn to investigate the social conditions of Aboriginal peoples across Canada  Concluded the “the Aboriginal peoples were Canada’s most disadvantaged and marginalized population. They were citizens minus”  Attributed this to years of failed government policy, especially the residential school system, which ill-prepared students for working in the contemporary economy  Also called Aboriginal child welfare services “unsatisfactory to appalling” – federal government provides funding for child welfare services to reserves Attempts at Resolution Aboriginal leaders and communities agree that no amount of money can ever compensate Aboriginal People for the suffering they endured as a result of the federal government’s aggressive assimilation policy, including the creation of the residential school system and the negative effects these had on generations of Aboriginal Peoples. Legal proceeding (criminal) - bring those responsible for abuses to justice through criminal prosecution (not always feasible - many perpetrators and witnesses have died) and very emotional/difficult for survivors to recall/testify Legal proceeding (civil) - civil lawsuit can provide financial compensation. Also, a civil court decision becomes precedent that other courts must follow – ensuring that survivors will be treated equally Public recognition – victory in the public forum (court system) acknowledges in Canada’s mainstream judicial system, that a legitimate wrong occurred and the victims deserve compensation – seek vindication as a matter of principle Level playing field - court system is seen as a ‘level playing field’ between the plaintiff and defendant and/or complainant and accused (precedents ensure equality of treatment, stories are made public in mainstream Canada) Alternative Dispute Resolution (ADR) – slow process with churches and state/government disagreeing over amount of culpability (responsibility) and only allows compensation for physical and sexual abuse. Moves negotiation into the private sphere of backroom deals On May 10, 2006, through the ADR process, the Indian Residential Schools Settlement Agreement (IRSSA) was reached where financial compensation for survivors was outlined, and the Truth and Reconciliation Commission was created: Under the agreement any Aboriginal person who could prove their attendance in a residential school qualifies for a “common experience payout” (CEP) of $10 000 for their first year in school and $3 000 for each subsequent year (in 1991 there were 105 000 living survivors) Those who alleged serious sexual or physical abuse/trauma were provided a hearing for their cases and an adjudicated settlement if the case was proven Healing Foundation: Supports applicants of the common experience payout and those going through hearings, and tracks the results of the process 4|Page The Truth and Reconciliation Commission had a five year mandate (2008-2013) to: (a) Acknowledge Residential School experiences, impacts and consequences; (b) Provide a holistic, culturally appropriate and safe setting for former students, their families and communities as they come forward to the Commission; (c) Witness, support, promote and facilitate truth and reconciliation events at both the national and community levels; (d) Promote awareness and public education of Canadians about the Indian Residential School (IRS) system and its impacts; (e) Identify sources and create as complete an historical record as possible of the IRS system and legacy. The record shall be preserved and made accessible to the public for future study and use; (f) Produce and submit to the Parties of the Agreement a report including recommendations to the Government of Canada concerning the IRS system and experience including: the history, purpose, operation and supervision of the IRS system, the effect and consequences of IRS (including systemic harms, intergenerational consequences and the impact on human dignity) and the ongoing legacy of the residential schools; (g) Support commemoration of former Indian Residential School students and their families in accordance with the Commemoration Policy Directive Truth and Reconciliation Commission final report and ‘calls to action’ link: http://www.trc.ca/websites/trcinstitution/File/2015/Findings/Calls_to_Action_English2.pdf Prime Minister Stephan Harper formally apologizes to the First Nations, Inuit, and Metis peoples on behalf of the Canadian government and all non-Aboriginal Canadians link: https://www.youtube.com/watch?v=xCpn1erz1y8 Cultural Genocide is defined as “deliberate and systematic destruction of culture, traditions, language, and ways of being of a specific cultural group.” Article 2 – United Nations Convention on Genocide (1948) Genocide is - any of the following acts committed with intent to destroy in whole or in part a national, ethnic, racial or religious group: A) Killing members of the group B) Causing serious bodily harm to members of the group C) Deliberately inflicting on the group conditions of life calculated to bring about its destruction in whole or in part D) Imposing measures intended to prevent births within the group E) Forcibly transferring children of the group to another group The ‘Sixties Scoop’ What does the term Sixties Scoop refer to? As residential schools were being phased out during the 1960s-70s-80s a significant problem came to light. Generations of Aboriginal children raised in the residential schools, rather than in family homes, were poorly equipped to raise their own children. Poverty, alcoholism, abuse, and other social problems were prevalent on Native reserves (a residual effect of the residential schools) and social services believed many children needed protection/intervention. After decades of systemically destroying the Aboriginal family structure, these communities had a very difficult time rebuilding harmonious families and communities.  Thousands of Aboriginal children were apprehended and removed from their families by social services, often without parental/band knowledge or consent  Scoop spanned decades and continued into the late 1990s  Children were placed in foster care or adopted into non-Native families in Canada and the United States (the highest number occurred during the 1960s – hence the name ‘Sixties Scoop’)  Department of Indian Affairs records indicate 11,132 status Indian children were adopted between 1960 and 1990 – however, it is believed the number is much higher because many Native children were not recorded as status in adoption or foster care homes 5|Page What role did the 1951 amendment to the Indian Act play in creating this child welfare approach? Prior to 1951, the federal government was responsible for the well-being (welfare) of Aboriginal children. All other children in the country were under the protection of provincial welfare and social services. Aboriginal children did not fall under provincial responsibility. In 1951, the Indian Act was amended – all provincial laws pertaining to child welfare were to apply to Aboriginal children as well.  As of 1951, the welfare (well-being) of Aboriginal children fell under the jurisdiction of provincial child welfare services and child welfare workers. Although it would be several years before actual intervention as the federal and provincial governments debated over how to fund the services. What level of government administered the child welfare system, and what was the governments’ rationale for the scoop? As outlined above, the provincial governments took responsibility for Aboriginal child welfare and provided social services. Several reasons were given for removing Aboriginal children from their homes/communities:  Poverty  Inadequate housing  Unsafe drinking water, no running water  No available schools  Poor/no health care  Parental substance use  Removing the children created even greater despair on the reserves  Instead of funding counselling and other services on the reserve – apprehension and removal of the children became policy of choice Why did social workers at that time believe that a great number of Aboriginal families were unable to care for their children? The social workers often lacked knowledge about Aboriginal cultures, diet, traditions, and upon attending the homes often mistook the living conditions, diet, etc., as severely inadequate. Many First Nations leaders argued the governments and social workers still believed Native Peoples were culturally inferior and unable to adequately care for their children. What is the socio-cultural impact of the Sixties Scoop (the long-lasting negative consequences for Aboriginal children)? Many Aboriginal children of the Sixties Scoop are adults now and often face cultural and identity confusion issues after their assimilation into Euro-Canadian society. Identity issues can be compounded when adoptees re-unite with one of the most ostracized and oppressed groups in North America.  Social work professor Raven Sinclair describes the experience as creating “tremendous obstacles to the development of a strong and healthy sense of identity for the transracial adoptee. Feelings of not belonging in either mainstream Euro-Canadian society or in Aboriginal society can also create barriers to reaching socio-economic equity.” Kimelman Inquiry – Headed an inquiry commissioned by the Manitoba government to review Indian and Metis adoption and placements during the 1960s-1980s. The committee reviewed the file of every Native child who had been adopted by an out of province family in 1981 and Judge Kimelman stated: 'Having now completed the review of the files... the Chairman now states unequivocally that cultural genocide has been taking place in a systematic, routine manner.’ Sources: Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017 First Nations Peoples in Canada. Retrieved January 17, 2017 from https://www.aadnc-aandc.gc.ca/eng/1303134042666/1303134337338 First Nations. Retrieved January 17, 2017 from http://www.thecanadianencyclopedia.ca/en/article/first-nations/ Truth and Reconciliation Commission. Retrieved January 17, 2017 from http://www.trc.ca/websites/trcinstitution/File/2015/Findings/Calls_to_Action_English2.pdf 6|Page  Assimilation and Residential Schools Assimilation – The Oxford Online dictionary defines assimilation as the “absorption and integration of people, ideas, or culture into a wider society or culture.” It is the process by which members of an ethnic minority group lose cultural characteristics that distinguish them for the dominant cultural group, or take on the cultural characteristics of another group. Assimilation Legislation The Act to Encourage the Gradual Civilization of Indian Tribes in this Province, and to Amend the Laws Relating to Indians (commonly referred to as the Gradual Civilization Act, 1857). th  Passed by the 5 Parliament of the Province of Canada (remember this pre-dates confederation – the Dominion of Canada created in 1867) Required male Indians and Metis over age 21 to voluntarily:  read, write and speak either English or French  choose an approved surname that would be legally recognized  give up all their legal/treaty rights, and land claims Any male Indian or Metis that voluntarily agreed to the above would:  become British subjects (but with far fewer rights)  be eligible to vote  receive 20 hectares of land from the reservation to farm  This government policy encouraged Indian and Metis men to accept the economic and social customs of European society (i.e. private land ownership and wealth)  This policy/act was called ‘enfranchisement’ - a legal process for terminating a person’s Indian status and giving full Canadian citizenship  Key strategy to aggressively assimilate Aboriginal populations into European society/culture  Was based on the assumption Aboriginal Peopls would freely give up their legal rights and ancestral identities for the ‘privilege’ of gaining full Canadian citizenship  Only one person voluntarily enfranchised – Elias Hill of Six Nations, and the idea that Aboriginal Peoples would voluntarily give up their legal rights and culture did not happen as the government had expected The Gradual Enfranchisement Act, 1869  Created the elective band council system (which remains to this day)  A ‘band’ – a body of First Nations that the government set aside lands for their common use, hold money for their common use/benefit, and have been declared a band by the Governor in Council  A member of a band is a person whose name appears on a band list and met eligibility requirements  This act granted the Superintendent of General Indian Affairs a lot of control over status Indians (i.e. could decide who was of ‘good moral character’ to deserve certain benefits)  Greatly restricted the governing powers of band councils  Regulated alcohol consumption  Determined eligibility for band and treaty benefits  Began the gender-based restrictions to status (marginalization of Aboriginal women) The Indian Act, 1876  Law to combine all other previous Indian laws that aimed to eliminate First Nations culture and assimilate the First Nations Peoples into Euro-Canadian society It is the principal statute the federal government uses to manage Indian affairs; gave federal government exclusive responsibility over:  Indian rights/status  local First Nations governments  shared monies  reserve lands 1|Page What are Indian Reserves?  A tract of land designated (reserved) under the Indian Act and treaty agreements for the exclusive use of an Indian band  Band members have the right to live on reserve lands, and band administrative and political structures are often located on reserves  Reserve lands are not strictly owned by bands – land is held in trust by the Crown  Only Indians of the band can live on reserves  Another attempt at assimilation – introduced Aboriginal Peoples to agriculture, Christianity, and a sedentary way of life based on private property (however – many Aboriginals Peoples were moved to areas not suitable for agriculture)  No federal or provincial property tax on reserve land, or no liens can be placed on Indian reserve property or seized for debt (this is still in effect today) The Indian Act, 1876 continued  It outlined the federal government’s obligation to the First Nations Peoples (i.e. provide education)  Part of a long history of assimilation policies aimed to end the cultural, social, economic, and political uniqueness of Aboriginal Peoples  It only applies to First Nations Peoples, not Metis or Inuit (little contact between Inuit and Canada at that time)  Gave the Superintendent of General Indian Affairs further powers to control band councils through the Indian Agent (federal government employee of Indian Affairs in charge of administration on reserves)  Developed legal parameters regarding how chiefs and council were selected  Defined who was an Indian - ‘status’ (a legal recognition of a person’s First Nations heritage which gives certain rights, i.e. the right to live on reserve lands)  Continued the marginalization of Native woman (i.e. First Nation woman who married a non-Indian lost her status; non-Indian woman who married an Indian qualified as Native – very exclusionary and sexist)  It included devastating prohibitions designed to eliminate what were thought to be uncivilized and savage cultural practices  The Indian Act, 1876 has a number of clauses that allow the federal government to create ‘residential schools’ – another attempt to assimilate Aboriginal Peoples into Euro-Canadian society (the residential schools will be covered later)  The Indian Act has been changed several times, most significantly in 1951 and 1985 where the focus was on removing particularly discriminatory sections Bill C-31 (a bill to Amend the Indian Act, 1876)  Passed into law in April 1985  Effort to bring the Indian Act in line with the Canadian Charter of Rights and Freedoms’ gender equality rights  Proposed significant changes to Indian status and band membership Three main goals of Bill C-31:  To address gender discrimination in the Indian Act  To restore Indian status to those who had been forcibly enfranchised under prior discriminatory laws/provisions  To allow bands to control their own band membership as a step toward self-government Residential Schools  The residential schools system in Canada will be explored/investigated through an in-class exercise and videos. Details will be explained in class. Sources: Boyington, et al., Diversity and Indigenous Peoples of Canada. Toronto: Emond Montgomery Publications, 2017 First Nations Peoples in Canada. Retrieved January 23, 2017 from https://www.aadnc-aandc.gc.ca/eng/1303134042666/1303134337338 First Nations. Retrieved January 23, 2017 from http://www.thecanadianencyclopedia.ca/en/article/first-nations/ 2|Page A History of Treaty-Making in Canada  The impact of treaty making in Canada has been wide-ranging and long standing. The treaties the Crown has signed with Aboriginal peoples since the 18th century have permitted the evolution of Canada as we know it. In fact, much of Canada’s land mass is covered by treaties. This treaty-making process, which has evolved over more than 300 years between Aboriginal and non-Aboriginal people in Canada, has its origins in the early diplomatic relationship developed between European settlers and Aboriginal people.. As the two parties made economic and military alliances, Canada began to take form. These diplomatic proceedings were the first steps in a long process that has led to today’s comprehensive claims agreements between the Crown and Aboriginal groups. 2 Colonial Conflict: British and French Era 1534-1763 Treaty of Albany 1701 The Iroquois Confederacy had long been one of the dominant peoples in the Great Lakes region. Because of France’s alliance with the Huron, Algonquins, Montagnais and Abenaki, and the inability of the Iroquois to access French trade, the Iroquois initiated trade and alliances with Dutch merchants, and later with the British along the Hudson River. Through agreements such as the Covenant Chain, the Iroquois and the British formed a military alliance that would last well into the 19th century. This alliance greatly assisted Great Britain’s colonial wars against the French, and helped the Iroquois to control much of the fur trade. With new weapons, the Iroquois set out to disrupt Huron control of the fur trade. These raids persisted until 1701 when France, its Aboriginal allies and the Iroquois signed a treaty at Montréal known as the Great Peace. Through the agreement, the different Aboriginal groups in the Great Lakes ended attacks and share the lands, as if it were “a dish with two spoons”. In Early colonial diplomacy a masterful stroke of colonial geopolitics, the Iroquois Confederacy not only assured itself a stable peace with the other Aboriginal European colonists and Aboriginal people had long traditions of people of the area, it also secured British protection for those same diplomacy and treaty relations developed over centuries prior to lands and interest. Just prior to the conference at Montreal in 1701, contact. Diplomacy between Europeans and Aboriginal peoples Iroquois leaders, who had gone to Albany, New York, agreed to quickly developed into treaty-making that adopted aspects of each sell all the lands of the Great Lakes to the British in exchange for culture. Both groups adapted practices and protocols from each their protection and continued right to hunt and fish throughout the other in order to facilitate the process. This framework, evolved over territory. Through two diplomatic manoeuvres, the Confederacy had the next 300 years as relations developed and enabled the disparate gained protection from French attack, promises of British defence Aboriginal and European groups to work on goals of mutual interest. and access to the rich fur lands of the Great Lakes. Economically, the establishment of trade alliances made expensive European colonial projects commercially successful. With the assistance of Aboriginal hunters in the fur trade, exports of furs to Europe generated huge profits for relatively small expense. As colonies grew and European conflicts spread to North America, both French and British colonial and military leaders began to depend heavily upon their new Aboriginal allies for help in defending their colonies and attacking their enemies. 3 Colonial Conflict: British and French Era 1534-1763 Peace and Friendship Treaties Events in Europe often had major impact in the New World. The commander of the 1713 Treaty of Utrecht ceded the mainland of the Maritimes, or British forces at Acadia, to Great Britain, leaving Île Royal (Cape Breton Island) and Montreal, protected Île St-Jean (Prince Edward Island) as the sole French possessions in the Huron Wendate the area. As Great Britain began to organize and exert its authority and their interests over its colony of Nova Scotia, it had to contend not only with the around the site of their remaining French colonists, but also with France’s Aboriginal allies in village near Québec. the region. Fearing Aboriginal people’s alliance with the French, the Through a mixture of colonial authority negotiated a series of treaties with the Mi’kmaq military and diplomatic and Maliseet peoples. Through these treaties made between 1725 missions, the Indian to 1779, peace and friendship would be assured between the Department and colony and the Aboriginal population. The Mi’kmaq and Maliseet its superintendant, could benefit from better trade conditions, and the assurance that Sir William Johnson, were able to establish peaceful, if somewhat their religious practices would be undisturbed. On the whole, these uneasy, relations with the various First Nations peoples. treaties were simple agreements with promises of peaceful relations. There were no land cessions whatsoever in the agreements and with the exception of the 1752 and 1760-61 treaties where a specific trade The Royal Proclamation of 1763 clause was included, these treaties only served to re-establish normal After the Seven Year War, Britain was now the primary European relations between the parties after military conflicts. power throughout much North America and controlled all of the valuable commercial fur trade. While the British may have been the dominant European power in North America, they did not fully Treaties at the End of 7 year War control the continent. The British realised that the success of Britain’s For most of this period, France and Britain waged almost constant American colonies depended upon stable and peaceful relations with war against each other’s colonies. Aboriginal allies proved to be First Nations people. In 1763, a Royal Proclamation was issued to essential components for both armies, and in some cases were announce how the colonies would be administered and establishmed indispensable. The British, desperate for military assistance during of a firm western boundary for the colonies. By establishing this the final French-British conflict in North America, the Seven Year War, boundary, all the lands to the west became the “Indian Territories” created the Indian Department in 1755 in an effort to strengthen where there could be no settlement or trade without the permission alliances with the Iroquois Confederacy as well as attempt to calm of the Indian Department and strictly control by the British Military. fears of colonial fraud and abuses against First Nations people and The Proclamation also established very strict protocols for all dealings their lands along the colonial frontier. with First Nations people. The Indian Department was to be the The end of the war in 1763 not only brought about major changes primary point of contact between First Nations people and the in the colonies, but also in the diplomatic relations between colonies. Furthermore, only the Crown could purchase land from First Aboriginal groups and the British. As the French lost their two most Nations people by officially sanctioned representatives meeting with important settlements, Québec and Montréal, its long-standing the interested First Nations people in a public meeting. The Royal Aboriginal alliance came to an end when their allies declared their Proclamation became the first public recognition of First Nations neutrality in the European conflict at the 1760 Treaty of Swegatchy. rights to lands and title. Another treaty, the Murray Treaty named for General James Murray 4 British Era 1764-1860 Treaties and a growing colony In the late 18th century, the relationship between First Nations people and the Crown was still very much based upon commercial and military needs. As British administration was being organised throughout the Great Lakes basin, the Indian Department’s primary goal was to maintain the peace between the vastly outnumbered British soldiers and traders scattered in a network of trading posts and the well armed and numerous First Nations groups inhabiting these lands. Under the direction of Sir William Johnson, the Indian Department acted as the intermediaries between the Military and First Nations leadership, securing lands for forts, assuring access to trade, furs and goods as well as issuing yearly presents and organising peace conferences. As Johnson stated in a letter to the British government, because of the powerful position of First Nations groups, only by protecting their interests could British commercial As a response, a series of land surrender treaties were negotiated interests flourish in the interior. by officials of the Indian Department with the different Ojibway or Abishnabe peoples inhabiting the lands along the St. Lawrence River The outbreak of the American War of Independence and the and down around the Great Lakes. By mostly preceding the arrival subsequent recognition of the United States of America in 1783 had of settlers in the area, these land treaties allowed for the remarkably severe impacts upon the relationship between the British Crown and peaceful establishment of an agricultural colony. At the same time, its First Nations allies. The loss of the American colonies brought in an effort to compensate their First Nations allies for their losses some 30,000 United Empire Loyalist refugees to the remaining British incurred during the war with the Americans, two parcels of lands were colonies in North America. A powerful block of people who had set aside as reserves for the Six Nations, one at the Bay of Quinte, lost everything because of their support for the British cause, these and the other along the Grand River. loyalists called upon colonial administrators for new lands. Settlers were not the only refugees; First Nations people who had fought For British military leaders and the Indian Department, it was along side the British, especially the Six Nations of the Iroquois considered vital that the strong military alliances between the British Confederacy, were also dispossessed by the war. and First Nations people be maintained during last decades of the 18th Century. Fearing a future conflict with the new American State to the South, the large number First Nation warriors were considered an important part of the colony’s defence. The Indian Department strived to bolster the damaged alliances by trying to secure fair deals on land treaties, protecting First Nations lands, as well as, issuing yearly presents and arms during gatherings and conferences with First Nation chiefs and leaders, even those in American territories. These alliances proved to be strong as war did eventually break out between Britain and its former colonies. During the War of 1812, First Nations people fought along side the British and Canadian colonists against American invasion in what is now southern Ontario. 5 British Era 1764-1860 Shifting Relationships Robinson Treaties In less than 50 years after the Land surrender treaties continued to be concluded up to 1862. first land surrenders brought On the whole, these treaties were agreements for relatively small settlers to Upper Canada, the tracts of land with individual First Nation groups. In the 1850s, two non-Aboriginal population treaties fell outside the norm and would become the template for now outnumbered First future treaties in the West. As settlement lands were filled, attention Nations people in the turned for the first time to northern areas where minerals had been Great Lakes basin. As more discovered along the shores of Lake Superior and Lake Huron. Two colonists arrived, the pace treaties, called the Robinson-Huron and Robinson-Superior treaties, of land treaties increased were negotiated with the various Ojibway peoples inhabiting the to allow land for their farms. In all, some 35 land surrenders treaties area which ceded First Nations lands and rights to the Crown in were concluded and covered all the lands of Upper Canada, from exchange for reserves, annuities and a continued right to hunt the productive farm lands in the south to the natural resource rich and fish on unoccupied Crown lands. This formula of concluding lands of Lake Superior and Georgian Bay. As more and more land agreements with numerous bands for large tracts of lands would was coveted, settlers began to pressure and push for those lands become the model for the Post-Confederation Numbered Treaties. held by First Nations people. Some of these land treaties, however, proved to be somewhat problematic because of poor descriptions, missing signatures and confusion of boundary lines. After a century of Douglas Treaties, 1850-1854 complaints and a commission of inquiry, two new treaties, the Williams On North America’s West Coast, quite a different relationship Treaties, were concluded in 1923 to settle any outstanding Aboriginal developed between European settlers and the region’s Aboriginal title in the lands in Central Ontario. inhabitants. For years, settlement had been overshadowed by commercial plans of the Hudson’s Bay Company (HBC). Holding a trade monopoly for the entire British half of the Oregon territory, the “Civilising the Indian” HBC was content to keep its diplomatic dealings with the West Coast Peaceful relations between the United States and Britain brought a Aboriginal peoples strictly to commercial matters relating to the fur fundamental change in the British perception of First Nations people. trade. Following the relocation of the HBC primary post to Vancouver As military threats upon the colonies passed with the end of the War of Island and a new mandate to establish a colony, the HBC’s Chief 1812, so did the military role of First Nation allies. As that role waned, Factor, and then colonial Governor after 1854, James Douglas signed new ideas and approaches towards this relationship began to take 14 treaties with various Coast Salish communities on Vancouver hold. Fed by a belief in the superiority of British ideals and society, Island between 1850 and 1854. These treaties surrendered land and a missionary fervour, initiatives were created to bring British required for settlement around various HBC posts, exchanged for “civilisation” to indigenous people throughout the British Empire. lump sum cash payments and goods, and the continued right to In the colonies of Upper and Lower Canada, the Indian Department hunt and fish. Treaty making was curtailed in the 1860s due to British became the vehicle for the expression of the new plan of “civilisation”. Colombia’s reluctance to recognize Aboriginal peoples’ land title, Based upon the belief that it was Britain’s duty to bring Christianity and contrary to all other British colonial jurisdictions. agriculture to the First Nations people, Indian agents shifted their roles from solidifying military alliances towards encouraging First Nations people to abandon their traditional ways of life and to adopt a more agricultural and sedentary, more British, life style. 6 Canadian Era 1867-Present The Numbered Treaties In 1869, after nearly 200 years of control, the HBC sold the Rupert’s Land Charter to Canada. Through this transfer, Canada gained full control of all resources in the now renamed Northwest Territories. This control also permitted the opening of a very