Joshua Lee - Chapter 4 Notes 4.2 PDF

Lesson 4.2 - Laws Recognizing Rights of First Nations (Pages 123 - 140) What laws recognize the collective rights of First Nations peoples? The Royal Proclamation ​ The Royal Proclamation was issued by King George III of England in 1763 ​ It was a statement of how lands in North America would...

Lesson 4.2 - Laws Recognizing Rights of First Nations (Pages 123 - 140) What laws recognize the collective rights of First Nations peoples? The Royal Proclamation ​ The Royal Proclamation was issued by King George III of England in 1763 ​ It was a statement of how lands in North America would be divided at the end of the Seven Years War between England and France ​ This act gave all French Lands in Canada to the British. ​ It also recognized the First Nations rights to land, by giving them all lands west of the Appalachian mountains ​ It also gave the British the ability to obtain land from the First Nations legally by signing “treaties” ​ It angered “American” colonists who could no longer move west into lands they had fought for in the war ​ This would eventually lead to the American Revolution and create the USA ​ When British Loyalists leave the USA and come north to British North America, they bring the promise of the “proclamation” with them Different Policies ​ The Canadian policy towards Aboriginal lands must respect the promise made in the Royal Proclamation; land can only be taken through negotiation and the signing of treaties ​ The American policy towards Aboriginal lands no longer needed to respect the promises of the proclamation, although they still tried to offer reserves and settle matters peacefully ​ Often, Aboriginals fought back, resulting in wars that the American military would win Numbered Treaties ​ Numbered Treaties are historic agreements that affect the rights and identity of some First Nations in Canada ​ There are 11 numbered treaties in total ○​ Treaties 6, 7, and 8 affect Alberta ○​ Treaties 4 and 10 also include small portions of Alberta General Terms of the Treaties ​ Would live on areas of land called reserves, where they could live a “traditional” lifestyle ​ Would receive annuities ○​ Yearly sums of money  ​ Right to an education ​ Farming ​ Hunting ​ Fishing supplies Perspectives on Treaties First Nations Canadian Government ​ Faced problems ​ Canada desired more land and expansion to -Disappearance of the buffalo the west -End of fur trade ​ Get the west before the USA and connect to -Pressures of European settlement B.C -European diseases ​ Wanted to bring in more settlers ​ Often signed treaties without understanding ​ Treaties were peaceful; wanted to avoid them violent uprisings (as had occurred in the ​ NEeded assistance from government USA) ​ First Nations do no not recognize ownership ​ Believe First Nations gave up their land of land under treaties ​ First nations recorded treaties orally in their ​ Canada recorded treaties in writing own language Treaty Handshake Ka-miyo-wicehtoyahk​ Friendship. To get along well​ Ka-witaskihtoyahk​ for us to live in peace side by side as nations​ Ka-witaskehtoyahk​ for us to live as good neighbours share land, be allies​ Ka-miyo-ohpikihitoyahk​ raise each other’s children well grow well together Treaty 6 ​ When? ○​ 1876-1889 ​ Who? ○​ Plains and Wood Cree ​ Where? ○​ Central area of Alberta and Saskatchewan ​ Why?  ○​ Many First Nations were dying out because of a Smallpox Epidemic and the vanishing Buffalo. Wanted the promise of medical care. ○​ Some First Nations resisted signing the treaty. Specifics of Treaty 6 ​ Medicine chest would be kept at the home of the Indian Agent for use by the people. ​ Guarantee of assistance for famine or disease. ​ Many Cree leaders were initially opposed to signing the treaty, such as Poundmaker and Big Bear. ​ They too, eventually signed as they saw the demise of their people. Treaty 7 ​ When? ○​ 1877 ​ Who? ○​ Blackfoot Confederacy ​ Where? ○​ Southern Alberta ​ Why? ○​ Connects Southern Alberta to B.C. ​ Build railroad ○​ Keeps out Americans Specifics of Treaty 7 ​ Most chiefs were very cooperative and supported the Treaty. ​ They welcomed government assistance because they were starving, dying from disease, and had problems with American whiskey traders from Montana. Treaty 8 ​ When? ○​ 1899 ​ Who? ○​ Cree, Beaver and Chipewyan nations ​ Where? ○​ Parts of Alberta , BC, Saskatchewan and the Northwest Territories ​ Why? ○​ More Europeans were moving into Western Canada because of the Gold Rush. Specifics of Treaty 8 ​ The largest treaty signed in Canada; ○​ 840,000 km of land ○​ 39 different First Nations ​ Government promised food ○​ Starvation occurring in late 1800s ​ Old and poor would be taken care of ○​ Medical care provided as needed ○​ No interfering with their way of life ​ Hunting and fishing rights ​ Annuities The Indian Act ​ Created in 1876 ​ Allowed the federal government exclusive authority to make laws in relation to "Indians and Lands Reserved for Indians". ​ Also a way to administer treaty rights ○​ Creates the “Department of Indian Affairs” ​ “Indian Agents ” would be assigned to each reserve to represent the government and make decisions ​ The act was originally aimed at assimilating First Nations peoples. ○​ Defined how they would govern themselves ○​ Restricted mobility and political rights (couldn’t leave reserve or vote) ○​ Prevented them from wearing traditional clothing and having traditional ceremonies ○​ Enforced residential schooling ​ Until 1960, they had to give up their legal identity and Treaty rights in order to vote Indian Act: Today ​ The rights exclusive to First Nations people in the Indian Act are beyond legal challenge under the Canadian Charter of Rights and Freedoms. ​ The act today does two things: ○​ Defines who is a Status Indian ○​ Sets rules for how reserves and bands can operate. ​ Sets rules and procedures for life on reserves ​ Acknowledges the Federal Government has a unique relationship and obligation to Indigenous peoples. Residential Schools ​ Putting First Nations children in schools was not only a way to educate them, but also to assimilate them. ​ Children were removed from their homes and forced to live at the school. ​ Children were forbidden to practice their culture or speak their native language- they had to learn english ​ Parents would not see their children for months at a time (10 months to a few years) ​ Operated from the 1870’s till the late 1990’s. ​ 150,000 students attended ​ Many students returned home with substandard skills to work in urban settings, and were often ashamed of their aboriginal heritage. ​ Many accounts of physical, emotional, and sexual abuse have surfaced in recent years Residential Schools: Apology ​ PM Stepen Harper formally apologized on behalf of the government in 2008 ​ $10,000 for the first year, $3000 for every other year attended ​ PM Justin Trudeau apologized in 2015, 2017, and 2022 ​ Pope Francis apologized for Church’s role in 2022 Affirmation of Rights ​ Four things affirm Aboriginal Collective Rights ○​ Royal Proclamation ○​ The Numbered Treaties ○​ The Indian Act ○​ Section 32 of the Constitution, 1982 ​ The existing Aboriginal and Treaty rights of the Aboriginal peoples of Canada are recognized and affirmed. ​ Aboriginal peoples include the First Nations , Inuit and Metis peoples of Canada Issues That Exist Today ​ Today, there are many current issues related to: ○​ Aboriginal Rights ○​ Treaties ○​ Conditions of reserves ○​ Destruction of the environment ○​ Effects of residential schools ○​ Aboriginal health care and education Truth and Reconciliation ​ The Truth & Reconciliation Commission of Canada (TRC) was a truth and reconciliation commission organized by the parties of the Indian Residential Schools Settlement Agreement. ​ The commission was part of a response to the abuses inflicted on Indigenous peoples through the Indian Residential School System, and the harmful legacy of those institutions. ​ The Commission took 7 years to complete. (2008-2015) ​ Upon closing, the commission issued a document identifying 94 "Calls to Action" to "redress the legacy of residential schools and advance the process of Canadian reconciliation". ​ Redress: remedy or compensation for a wrong or grievance ​ Reconciliation: the restoration of friendly relations Idle No More ​ An activist group started by aboriginal women, ​ “Idle No More” has staged ○​ Protests, marches, flash mobs, and blocked bridges and highways to gain attention ​ They stand up for aboriginal sovereignty (the ability to self govern), respect for their treaties, and protection of the environment. ​ It calls on the government to address a number of First Nations issues, ○​ Such as missing and murdered aboriginal women. Stop and Think 1.​ To what extent do you believe it’s important to follow up on agreements? Think of a situation in your own life where you have reached an agreement with someone. It is important to follow up on agreements as it helps with trust and clears up misunderstandings from each other. I had made an agreement with my grandpa that I would read the whole bible. We would follow up on each other, talking about what I had read and what I thought about it. This made my relationship with God stronger and also my relationship with my grandpa. 2.​ What was Canada’s perspective on the Treaties? Canada desired more land and expansion to the west Get the west before the USA and connect to B.C Wanted to bring in more settlers Treaties were peaceful; wanted to avoid violent uprisings (as had occurred in the USA)  Believe First Nations gave up their land under treaties Canada recorded treaties in writing 3.​ What was the First Nations’ perspective on the Treaties? Faced problems -Disappearance of the buffalo -End of fur trade -Pressures of European settlement -European diseases Often signed treaties without understanding them NEeded assistance from government First Nations do no not recognize ownership of land First nations recorded treaties orally in their own language 4.​ How does the way you understand the past affect the way you understand groups in society today? How do perspectives affect understandings of the past? By understanding the past, it is easier to understand the groups today. Perspectives affect how we understand the past as we get to know perspectives of the groups. It lets us understand why some groups are the way they are today and how the past affected them. It also helps us understand and not make the same mistakes we made like the residential schools.