Mi'kmaw Studies 11: The Indian Act PDF

[Mi'kmaw Studies 11: The Indian Act] **1. After watching the link, take jot notes to share new information learned. /2** [[https://www.youtube.com/watch?v=AgDaxBBsUxg]](https://www.youtube.com/watch?v=AgDaxBBsUxg) Indian Act concerns registered Indians, their bands, and the system of Indian reser...

[Mi'kmaw Studies 11: The Indian Act] **1. After watching the link, take jot notes to share new information learned. /2** [[https://www.youtube.com/watch?v=AgDaxBBsUxg]](https://www.youtube.com/watch?v=AgDaxBBsUxg) Indian Act concerns registered Indians, their bands, and the system of Indian reserves. It was first passed in 1876 and still in force with many changes Main document which governs how the Canadian government interacts with the first nation bands and their members. Original Indian act does two main things affecting all aboriginal people: It says how reserves and bands can operate It defines who is and who is not recognized as an Indian The Indian act defined how first nations had to conduct their affairs, like band elections. The act also required first nations to give up their legal identity and treaty rights to gain the right to vote. It restricted the right to travel freely, take political action, wear traditional dress and take part in traditional ceremonies. In 2002, Ottawa unveiled legislation to replace the Indian Act; BILL C-61, The first nations governance act. This act would put the power to control governance affairs in the hands of the first nations. Many first nations said that the government did not ask them before making the BILL. They rejected the BILL, because it doesnt recognize their status as nations with the right to make rules or themselves First nations governance act would make codes of conduct for first nations officials and require first nations to prepare budgets for public review. Would allow first nations to make bylaws for their reserves First nations do not like the new act but many people from the government see it as necessary. Your thoughts on the Indian Act? I think that they should've kept the treaties they've made with the First Nations before they've become Canada. I also believe that the Canadian government should hear the Indigenous people out and recognize their needs and redo the treaties and look at what they can provide the indigenous people. **2. While watching the video, pause to complete the chart and answer the questions below. /15** [[https://www.youtube.com/watch?v=\_cPimQFUSQ4&t=57s]](https://www.youtube.com/watch?v=_cPimQFUSQ4&t=57s) +-----------------+-----------------+-----------------+-----------------+ | Why is The | How did the Can | Problems with | What happened | | Royal | Gov't Encourage | Enfranchisement | with the Indian | | Proclamation so | the Native | ? | Act? | | important to | people to "Grow | | | | Native History? | up? | | | +=================+=================+=================+=================+ | In 1763, | -wanted | -law where men | -ban indigenous | | Britain issued | Indigenous | could give up | ceremonies way | | : The Royal | people to grow | their status as | to disconnect | | Proclamation: | up by | indians and | indigenous | | | abandoning | became british | people form | | -It became | their cultures, | subjects | their culture | | instructions | identities, | | | | for british to | languages, and | -loose treaty | -gave power to | | settle in | beliefs, so | rights | government | | canada | they could | | | | | become | -lose access to | -1969 tried to | | -official | canadians. | reserves | replace indian | | illegal for | | | act with | | settlers to | | -loose hunting | something | | claim land | | and fishing | called the | | occupied by | | rights | white paper | | indigenous | | | | | people unless | | -loose housing | -1985 indian | | it was | | | act was changed | | purchased from | | -looos health | | | the crown | | care | -\> end of | | (britain) | | | enfranchisement | | | | -loose land | | | -this meant | | | -first nations | | people could | | -loos annuities | could vote | | only buy land | | | without giving | | from the crown, | | -loose money | up status | | who could only | | | | | buy that land | | -done as a way | -women no | | from Indigenous | | to "civilize" | longer lost | | people. | | indigenous | status to marry | | | | | someone without | | | | -loose support | status | | | | from government | | | | | | -didn\'t expect | | | | | that native | | | | | people would be | | | | | resilient | +-----------------+-----------------+-----------------+-----------------+ | -royal | | | | | proclamation | | | | | recognized | | | | | first nations | | | | | as actual | | | | | nations, which | | | | | meant that | | | | | britain would | | | | | deal the nation | | | | | to nation in | | | | | the future | | | | +-----------------+-----------------+-----------------+-----------------+ | -First nations | -The | | | | were not part | proclamation | | | | of the process | set up britain | | | | of creating | as the | | | | this | indigenous | | | | proclamation so | "parent" that | | | | they had little | made Indigenous | | | | understanding | people like | | | | of what it | "children" in | | | | meant | their eyes | | | | | | | | | -historically | -This type of | | | | first nations | relationship | | | | did not follow | has shaped how | | | | the same belief | the government | | | | and practice of | for over two | | | | owning and | hundred years | | | | selling | has treated | | | | property as | indigenous | | | | Europeans | peoples | | | | | | | | | -They did not | -this | | | | speak English | relationship | | | | which created | ignored the | | | | an unequal and | fact that | | | | unfair process. | people had | | | | | their own rich | | | | -Although | identities | | | | proclamation | | | | | recognized | | | | | indigenous | | | | | people were | | | | | being cheated | | | | | through | | | | | colonization, | | | | | no one from | | | | | britain worked | | | | | with the | | | | | indigenous | | | | | people | | | | | | | | | | -that made | | | | | indigenous | | | | | people like | | | | | children in | | | | | their eyes. | | | | +-----------------+-----------------+-----------------+-----------------+ **Why is the Indian Act a difficult piece of legislation?** **/2** The Indian act was difficult because it was designed to assimilate Indigenous people into Canadian society by erasing their cultural Identities and restricting their rights. It created an unequal system where indigenous people were treated badly. The Indian Act centralized control over all aspects of Indigenous life, including land use, governance and personal freedom. It required Indigenous people to give up their legal identities and treaty rights to gan basic tights like voting. The legislation aimed to "solve" the so-called "Indian problem" by extinguishing Indigenous rights, cultures, and even populations. **Did the Indian Act accomplish what it set out to do? Why or why not? /2** The act was created to enable the government to control these people **3.** **Read the article from the link below and complete the chart accordingly.** **/10** [[http://www.cbc.ca/news/indigenous/21-things-you-may-not-know-about-the-indian-act-1.3533613]](http://www.cbc.ca/news/indigenous/21-things-you-may-not-know-about-the-indian-act-1.3533613) +-----------------------------------------------------------------------+ | **Problems with the Indian Act** | +=======================================================================+ | They don\'t own the land they live on; assets on reserve are not | | subject to seizure under legal process making it extremely difficult | | to borrow money to purchase assets; and matrimonial property laws | | don\'t apply to assets on reserve. | +-----------------------------------------------------------------------+ | The act has been criticized by non-Aboriginal peoples and politicians | | as being too paternalistic and creating an unjust system with | | excessive costs that are considered uneconomical. | +-----------------------------------------------------------------------+ | The act imposed great personal and cultural tragedy on first Nations, | | many of which continue to affect communities, families and | | individuals today. | +-----------------------------------------------------------------------+ | **The indian act:** | +-----------------------------------------------------------------------+ | - - - - - - - - - - - - - - - - - - | | - - | +-----------------------------------------------------------------------+ | 1. | +-----------------------------------------------------------------------+ | 2. | +-----------------------------------------------------------------------+ | 3. | +-----------------------------------------------------------------------+ | 4. | +-----------------------------------------------------------------------+ | 5. | +-----------------------------------------------------------------------+ | 6. | +-----------------------------------------------------------------------+ **4.** **Read the article attached in the link below and complete the chart below, accordingly. /9** [[http://www.macleans.ca/politics/ottawa/why-dismantling-the-indian-act-will-be-nearly-impossible/]](http://www.macleans.ca/politics/ottawa/why-dismantling-the-indian-act-will-be-nearly-impossible/) Why it's not so easy to "get rid\" of the Indian Act. -------------------------------------------------------------------------------------------------------------------------------------------------------------------- Because the native people need the benefits from it Reserves were created to control their mobility Many people are very attached to their Indian status See value in being indians Status is the only thing they have to prove their nation\'s identity They receive some additional benefits because they are on the registry They will not be under the purview of Ottawa but their small land bases will not enable them to change this basic living conditions, poverty or economic problems. The poor reserves in isolated parts of the country will continue to struggle and reserves in more geographically fortunate areas will continue to flourish. Unless the government provided significant transfer payments to struggling reserves, we would be setting them up for failure. Canada has built the state on three theories: 1. 2. 3. The majority of Canadians would not likely agree to share ownership and decisions making about lands and resources with indigenous people. **6. On your test, you will be expected to respond to the questions below. Create a rough draft of your response, based on the following questions:** **1. What was the Indian Act and when did it take place?** The Indian Act is a Canadian law that governs the relationship between the Canadian government and first nations people. It was first passed in 1876 and has undergone numerous changes since then. **2. What were the main expectations outlined in the Indian Act?** The Indian act was designed to: - - - - **3. When did the Indian Act begin to change for the better for the Native People? Why?** Changes to the Indian Act began in the 1980's including: - - **4. Why is the Indian Act still in existence today?** The Indian Act remains because: - - **5. What are some of the problems with getting rid of (repealing) the Indian Act today?** Eliminating the Indian Act would be challenging because: - - - **6. How has the Indian Act contributed to the problems faced by Native people in Canada today?** The Indian act has: - - - - **[Sample Clauses in the Indian Act:]** +-----------------------------------+-----------------------------------+ | Sample Clause from The Indian Act | How would this have impacted the | | prior to 1951. Please write it so | Native | | it is understood what it | | | means...include the date as well. | Community? | +===================================+===================================+ | 1. | This destroyed traditional | | | governments and forced people to | | 1876 | think of themselves in new ways. | | | This led to people losing their | | The Indian Act is created. | culture and women being ignored. | | | | | Any existing Indigenous | Indigenous communities lost | | self-government structures are | control over their governance, | | extinguished: | traditions, and cultural systems. | | | | | An Indian is defined as "any male | Women's identity and rights were | | person of Indian blood" and their | tied to their marital status, | | children. | erasing their cultural and legal | | | status. | | Provision include: | | | | families were divided based on | | - - - | the imposed identity rules , | | | weakening community. | +-----------------------------------+-----------------------------------+ | 2. | This made it harder for | | | indigenous people to make money | | 1880 | and dependent on the colonial | | | system. | | Permit: | | | | Indigenous farmers were unable to | | Indigenous farmers are expected | engage in independent trade, | | to have a permit to sell : | making them reliant on colonial | | | systems. | | cattle | | | | This reduced the economic growth | | grain | within indigenous communities. | | | | | hay | | | | | | or produce | | | | | | They must also have a permit to | | | buy clothes and groceries. | | +-----------------------------------+-----------------------------------+ | 3. | Forced assimilation led to loss | | | of culture, family separation and | | 1884 | trauma across generations. | | | | | Residential schools: | Children lost connection to their | | | heritage and language. | | Attendance in residential schools | | | becomes mandatory for status | Families were forcibly separated, | | Indians until they turn 16. | leaving a legacy of emotional and | | | physical harm. | | Children are forcibly removed and | | | separated from their families and | Many children faced physical, | | are not allowed to speak their | emotional, and sexual abuse in | | own language or practice their | these schools. | | own religious rituals. | | | | Paternalistic policies and | | The sale of alcohol to indigenous | restrictions on freedoms created | | peoples is prohibited. | stigmas against indigenous | | | populations. | +-----------------------------------+-----------------------------------+ | 4. | This made it harder for | | | indigenous people to keep their | | 1885 | traditions. | | | | | Ban from spiritual ceremonies: | The key cultural and spiritual | | | practices were criminalized, | | Indigenous people are banned from | disrupting community rituals. | | conducting their own spiritual | | | ceremonies such as the potlatch. | It restricted freedom of movement | | | and created a system of control. | | A pass system is also created and | It also kept the Indigenous | | Indigenous peoples are restricted | people from interacting with the | | from leaving their reserve | outside world. | | without permission. | | | | The pass system confined the | | | indigenous peoples to reserves, | | | isolating them from the broader | | | society. | +-----------------------------------+-----------------------------------+ | 5. | This made it hard to know who was | | | who, and the government could use | | 1886 | this to force people to fit in or | | | not. | | The definition of Indian is | | | expanded: | The government had the power to | | | redefine the identity of the | | The definition of Indian is | Indigenous people and they could | | expanded to include "any person | decide who and who's not | | who is reputed to belong to a | indigenous. | | particular band or who follows | | | the Indian mode or life, or any | Enfranchisement forced | | child of such person." | individuals to abandon their | | | Indigenous identity to gain legal | | Voluntary enfranchisement is | or social benefits. | | allowed for anyone who is "of | | | good moral character" and | | | "temperate in his or her habits". | | +-----------------------------------+-----------------------------------+ | 6. | It made it harder for indigenous | | | people to get an education, which | | 1899 | stopped them from growing | | | professionally and leaving their | | Education: | communities. | | | | | Indigenous individuals who attain | Indigenous people were | | higher education, such as | discouraged from seeking / | | becoming a doctor or lawyer, are | getting higher education. | | automatically enfranchised, | | | losing their Indian status. | Those who pursued education often | | | became enfranchised and couldn\'t | | | go back to their communities. | +-----------------------------------+-----------------------------------+ | 7. | This stopped Indigenous people | | | from expressing their culture and | | 1914 | made them feel more distanced | | | from the government. | | Official permission: | | | | | | Indigenous peoples are required | | | to ask for official permission | | | before wearing any "costume" at | | | public events. | | | | | | Dancing is outlawed off reserve. | | | | | | In 1925, it was outlawed | | | entirely. | | +-----------------------------------+-----------------------------------+ | 8. | It Destroyed sacred cultural | | | artefacts, further serving | | 1914 | connections to traditional | | | practices. | | Use of Ceremonial objects | | | prohibited: | | | | | | Use of Ceremonial objects, | | | including totem poles, masks, and | | | sacred pipes, is prohibited, and | | | offenders face fines or | | | imprisonment. | | +-----------------------------------+-----------------------------------+ | 9. | It took away people's rights to | | | their land and control over their | | 1918 | resources. | | | | | Lease out Indigenous land: | The land was often teased at | | | unfair rates, benefitting | | The Canadian government gives | settlers at indigenous expenses. | | itself the power to lease out | | | Indigenous land to non-Indigenous | | | persons if it is being used for | | | farming. | | +-----------------------------------+-----------------------------------+ | 10. | Forced assimilation into Canadian | | | society, stripping individuals of | | 1920 | their cultural identity and legal | | | protections. | | Forcibly enfranchised: | | | | | | All Indigenous peoples are | | | forcibly enfranchised, terminated | | | their Indian status and imposing | | | Canadian citizenship. | | +-----------------------------------+-----------------------------------+ | 11. | This stopped indigenous | | | communities from seeking justice | | 1927 | or reclaiming stolen lands. This | | | stopped indigenous communities | | Banned from hiring legal | from getting justice or | | presentation: | reclaiming stolen lands. | | | | | Indigenous peoples are banned | | | from hiring lawyers or legal | | | presentation regarding land | | | claims against the federal | | | government without the | | | government's approval. | | +-----------------------------------+-----------------------------------+ | 12. | This rule had an impact. It | | | discriminated against | | 1951 | descendants, splitting up | | | Indigenous communities. | | A person loses Indian status if | | | both their mother and grandmother | | | gained status through marriage. | | +-----------------------------------+-----------------------------------+ | 13. | Indigenous families were denied | | | the right to manage their | | Status indian death: | inheritance. | | | | | When a Status Indian dies, the | The government often mismanaged | | government has complete power | or exploited these assets. | | over his or her will and | | | inheritance. | | | | | | 42.(1): | | | | | | The Minister has exclusive | | | jurisdiction and authority in | | | matters and causes related to | | | deceased indians. They exercise | | | this power in accordance with | | | regulations set by the Governor | | | in Council. | | +-----------------------------------+-----------------------------------+ | 14. | indigenous communities were | | | unable to fund legal battles for | | Raising fund or provide money for | land rights. | | prosecution of any claim: | | | | It prevented communities from | | Every person who gets money from | organizing effectively. | | an Indian for "raising a fund or | | | providing money for the | | | prosecution of any claim which | | | the tribe or band of Indians to | | | which such Indian belongs," could | | | be fined two hundred dollars and | | | not less than fifty dollars or | | | jailed for any term not exceeding | | | two months. | | +-----------------------------------+-----------------------------------+ | 15. | It showed the stereotypes of | | | Indigenous incompetence and it | | Selling and supplying alcohol: | reinforced the negative | | | perceptions of indigenous peoples | | Selling or supplying alcohol to | in broader society. | | Indians is a crime. The | | | punishment is up to six months in | | | prison and a fine of up to \$ | | | 300. | | +-----------------------------------+-----------------------------------+ **[Trick or Treaty]** **[Treaties are important to aboriginal people because:]** Treaties are important because they guarantee rights to land, culture, and practices like hunting and fishing. They show that a nation exists and that its people have rights. --------------------------------------------------------------------------------------------------------------------------------------------- ----------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------- **[Treaties are important to non-aboriginal people because:]** Treaties are important to non-Aboriginal people because they show what Canada must do to help Indigenous peoples and make sure everyone gets along. They also regulate how settlers use the land and resources. **[The earliest treaties identified: ]** The first treaties said that they identified which lands settlers could use, settle conflicts, make peace and alliances were confirmed without indigenous nations giving up land ownership. **[What has happened to treaty promises throughout Canada's history?]** The treaty promises have been broken. The Indian Act took away Indigenous people's land rights and cultural practices, which was against the treaties. **[The numbered treaties were: ]** The Numbered Treaties are 11 agreements between the Crown and First Nations (1871-1921), allowing settlers to use land from western Ontario to the Yukon. These treaties promised reserved lands, money, and hunting/fishing rights. **[The numbered treaties made promises to the Native people from the Canadian Gov't which included: (5 things)]** In the Numbered treaties was promised the right to hunt and fish on treaty land, land for indigenous use, payments, education, and continued cultural practices. **[How were treaties agreed to under duress? (3 examples)]** The treaties were made under pressure because indigenous communities faced hunger and disease. The Canadian Government withheld emergency resources until treaties were signed. Negotiations often happened during crises, which was bad for indigenous groups. **[The Numbered treaties sought to :]** The Numbered treaties aimed to assimilate Indigenous peoples by introducing European style education and settlement patterns, which disrupted traditional ways of life. **[The Numbered treaties also imposed sedentary settlement patterns. These were a problem because: ]** Settled communities were a problem because they stopped indigenous peoples from moving around seasonally, which meant they could not get resources and their way of life changed. **[Three specific examples of the tricks that were used in order to ensure that treaties were signed by the native people : ]** The Treaty terms were misrepresented, for example, oral agreements did not match written ones. Clauses were added after the signatures without the indigenous leaders knowing. And with Language barriers, leaders couldn\'t verify written terms. **[Modern treaties now cover: ]** Modern Treaties cover Indigenous land ownership, financial transfers, resource management and law making powers. They cover 40% of Canada. **[Unceded land means: ]** "Unceded land" is land that was taken by settlers without compensation. **[In signing historic treaties, indigenous people understood that the land : ]** Indigenous people knew the land would be shared, not sold or given up. **[Were indigenous lands ever ceded? ]** Even in treaty agreements, Indigenous lands were never ceded. **[The earliest treaties with the French and English were negotiated in good faith. This means: ]** Early treaties were based on respect and aimed for peaceful coexistence and alliances. **[Later, how did law makers interpret the treaties? ]** Lawmakers löater used treaties to justify the enslavement of Indigenous peoples, enforcing policies such as land surrender and cultural suppression. **[Treaties of Importance to the Mi'kmaq]** **[Refer to the Google Slides Presentation to Complete the attached Questions and Chart.]** 1. 2. +-----------------------------------+-----------------------------------+ | **Student 1: Nelly** | **Student 2: Makaela** | +===================================+===================================+ | **Responsibilities: (what you | **Responsibilities:** | | have to do)** | | | | 1. 2. 3. 4. 5. | | 1. 2. 3. 4. 5. | | +-----------------------------------+-----------------------------------+ | **Rights: (what you get to do)** | **Rights:** | | | | | 1. 2. 3. 4. | 1. 2. 3. 4. | +-----------------------------------+-----------------------------------+ 3. 4. **C)** +-----------------------+-----------------------+-----------------------+ | | **Which groups did | **What was the result | | | this treaty/ law or | for both sides?** | | | Act involve?** | | +=======================+=======================+=======================+ | **1610 Concordat** | European Catholics | - - | | | (Vatican) and | | | | Mi\'kmaq | | | | | | | | Signed between Chief | | | | Membertou and the | | | | Pope | | | | | | | | Turn/recognize the | | | | Mi\'kmaq as a | | | | catholic Nation. | | +-----------------------+-----------------------+-----------------------+ | **The Treaty of | European Nations: | - - - - - | | Utrecht: 1713** | | | | | The British and | | | **(You will have to | French empires were | | | do your own research | primary parties. | | | for this one)** | | | | | Indigenous Groups: | | | | | | | | The Mi'kmaq and other | | | | Indigenous peoples of | | | | the Wabanaki | | | | Confederacy were | | | | indirectly involved. | | | | Their territories | | | | were affected by | | | | decisions made | | | | without their | | | | consent. | | +-----------------------+-----------------------+-----------------------+ | **Treaty of 1725** | Natives and the | - - - - - - | | | British fishing | - - - | | | communities in New | | | | England. | | +-----------------------+-----------------------+-----------------------+ | **Treaty of 1752** | Signed in Halifax | - - - - - - | | | Nov. 22, 1752, | - - | | | between Governor | | | | Hopson and Mi'kmaw | | | | Chief Jean Baptiste | | | | Cope | | +-----------------------+-----------------------+-----------------------+ | **Treaty of 1760-61** | Mi'kmaq, Maliseet, | - - - - - | | | and the British | | +-----------------------+-----------------------+-----------------------+ | | **Signatories: Who | **What was the Result | | | are the nations and | for Both Sides?** | | | individuals | | | | representing each | | | | side?** | | +-----------------------+-----------------------+-----------------------+ | **Royal Proclamation | British Crown and | - - - - - - | | of 1763** | Indigenous Nations | - - - - | +-----------------------+-----------------------+-----------------------+ | **Treaty of 1776** | Mi'kmaq, Maliseet and | - - - - | | | United States | | +-----------------------+-----------------------+-----------------------+ | **Indian Act, 1876** | Federal government | - - - - - - | | | and Canadian | | | | Aboriginals | | +-----------------------+-----------------------+-----------------------+ | **Jay Treaty of | Indigenous Nations of | - - - - - | | 1894** | North America (e.g., | | | | various tribes) and | | | | the British and U.S. | | | | Governments | | +-----------------------+-----------------------+-----------------------+ | **The Gradual Act of | The British colonial | - - - - - - | | Civilization** | government in Canada | | | | and the Indigenous | | | | peoples living under | | | | British rule. | | +-----------------------+-----------------------+-----------------------+ | **Gov't Changes in | Canadian Federal | - - - - | | 1868-1869** | Government and | | | | Indigenous MNations | | | | under the Crown\'s | | | | authority. | | +-----------------------+-----------------------+-----------------------+ **D) What is meant by "Wards of the Crown"?** Indigenous peoples were placed under the legal guardianship of the crown, restricting their freedom and making them dependent on the government. **E) What does "Enfranchise" mean?** Enfranchisement is the process by which Indigenous individuals were given citizenship rights under Canadian law. It often required abandoning Indigenous status and culture. **F) Why did the Government create a new law which "Enfranchised" Native People?** The Government aimed to reduce the number of „Status Indians," decreasing government responsibilities toward Indigenous communities. By Integrating Indigenous peoples into settöer society, the government hoped to erase distinct Indigenous identities and cultures. They were managing „wards of the Crown" was costly. Enfranchisement was a way to decrease expenses by removing government obligations. The Forced enfranchisement required Indigenous peoples to abandon their culture, language, and community ties, aligning them with settler norms and reducing resistance. The goals of Residential Schools were to assimilate Indigenous children into Canadian Society, to erase Indigenous cultures, languages, adn traditions, and to prepare children for life within white settler society. **[Cede, Yield and Surrender Transcript and Questions]** One morning in 1817, in what is now southern Manitoba, representatives of the British Crown prepared to meet with members of the Cree and Chippewa Nations. The intention was treaty making, the object was land. The British authorities told the Cree and Chippewa they needed land for settlement. The Indians asked, how much land? The phrase used in the reply was, \"As far as one can see day light under the belly of a horse\". This poetic description was an attempt to bridge the cultural differences between the two parties to the treaty. But the final result was only vagueness. Treaties such as the Selkirk Treaty were a regular feature of the colonization of the British of what is now Canada. In the 16 and 17 hundreds, the soldiers and sailors of France and England attempted to destroy each other in a long series of wars for international supremacy. Their battle grounds included the territories of New France and New England where settlers with the help of the Indians were by then trapping, trading, clearing farms and building towns. When the wars reached the New World, settlers on both sides of the conflict quickly affirmed their friendship with the Indians in an attempt to secure fighting allies or at least guarantee Indian neutrality. The British formalized these guarantees by writing them down in an Agreements of Peace and Friendship. From the earliest days of European exploration, to the late 1700\'s in what eight of these agreements drawn up and signed by both parties as European legal tradition dictated. 1. The last of these wars between France and England raged for 7 years and changed the face of North America forever. The spectacular fortress of Louisbourg fell in 1758. Quebec, the heart of New France fell the year after. Any French hope for control of the New World was dashed. At the end of the war King George the III of England issued an important directive on Indian rights. Now called simply the Royal Proclamation of 1763 this document played such a central role in the definition of Indian rights, it is sometimes called the Indian Magna Carta. It confirmed that a vast area in the interior of North American was Indian country and would be preserved as hunting grounds for the Indians. The Eastern boundary was formed by the Appalachian mountains. But the Western boundary was left undefined. King George ordered that no one could use these lands without the public permission of the Indians themselves. And only the Crown or its authorized representatives, he said, could actually acquire the land if indeed the Indians were willing to part with it. And so in a single brief document, a British monarch had laid out the basic formula for treaty negotiation in Canada. From this point on, the British Crown would be the central agent in the transfer of Indian lands to colonial settlers. And land was something that settlers would be looking for plenty of. During the American Revolutionary war, at least 40,000 American settlers remained loyal to the British Crown. When Britain finally surrendered the American colonies to local forces in 1781, these loyalists, suddenly traitors in their own land, had to flee. They came North. And they came looking for land, but under the provisions of the Royal Proclamation, no land could be given to anyone before Indian title was cleared. So the government machinery for treaty making quickly got underway. 2. It was the French fort in Quebec and it fell in 1758. It was frenchs military post. 3. New France fell in 1759. 4. The Royal proclamation established that lands not already under British control belonged to the Native people. It stated that land could not be taken without agreements made with Indigenous people and only the Crown could purchase land from them. It became a key document in defining Native land rights and treaty processes. The king of England came in to confirm by royal proclamation that any land in British North America that was not already British belonged to the native people. And you cannot touch the land without the King's permission and he will talk to the Native people and give them money for it. Only England could actually acquire the land if the native people would agree to it. 5. 1776 the people in British North America were mad because all their tax dollars were sent over to England and started a war with england. They revolted which is called the American revolution. They didn\'t want to be controlled by England. The US won the revolutionary war. They kicked the loyalists out of the US, killing them, burning out their houses, etc. The Loyalists who came to Canada could not come and just take the land, they had to ask the King and the King had to reimburse the Natives. After the American Revolution, Loyalists who fled to Canada could not settle on Indigenous lands without treaties clearing Native title, as required by the Royal Proclamation. The Proclamation recognized Native rights to land and required negotiations for land transfers, impacting settlement policies. **Historian John Taylor:** *The Royal Proclamation said that the Indians had rights in the land. That individuals could not come up and make deals with Indians for the land. The land could only be alienated to the Crown at the general meeting for that purpose. And what followed was a series of land surrenders or land surrender treaties, if you like. Which were the means whereby Indians gave up their land for settlement purposes or whatever else the Crown wanted to do with the land.* There were a total of 31 Indian treaties signed before Confederation in an attempt to secure rights to what was then called Upper Canada. The colonials recorded their understanding of treaty provisions in writing. The Indians recorded their understanding in stories; memories of promises made in a sacred time. Some tribes, particularly those in the East, embedded their vision of the treaty in wampum, precious beads, which themselves took on the sacred character. No matter how they were remembered, most of these treaties were drawn up and signed in a hurry, sometimes only days, and there were often tremendous weaknesses in them. A famous example of sloppy staff work was the gun shot clause of a treaty prepared in September 1787. The Crown was attempting in one manoeuver to acquire all the lands North of lake Ontario between present day Kingston and Toronto. The Indians were prepared to share their lands but they wanted to know exactly which lands were involved. The area in question was described to them in this way, \"from the lakeshore as far inland as a gunshot could be heard on a clear day.\" But whose gun, whose ears, and what season, winter or summer? The terms were too vague and the Indians declined to deal further. The gunshot treaty fell apart. But most treaties didn\'t. In the 1840\'s, surveyors and excavators found rich deposits of iron, nickel and copper on the shores of Lake Superior. Access to these minerals meant wealth and local mining companies appealed to the Crown for support. So the government sent in William J. Robinson and instructed him to extinguish all the Indian titles to the land. 6. There were a total of 31 Indian treaties signed before Confederation in an attempt to secure rights to what they called upper Canada. 7. The British recorded treaties in written documents following European legal traditions. Natives recorded treaties through stories and symbols like wampum belts, which were sacred. 8. By the 1840's surveyors and excavators found rich deposits of iron, nickel and copper on the shores of Lake superior. Access to these minerals menat weathand local mining companies appealed to the crown for support. So the government sent William. J. Robinson and instructed him to extinguish all the Indians\' titles to the land. **Former Grand Chief of the FSIN Perry Bellegarde:** *Why were treaties struck in the first place? Why were treaties made in the first place? They were made for the simple reason that the Crown, the sovereign, recognized that they did not, did not have title to the land. That the title remained with the Indian nations of the\...of Canada. That\'s who had the title. Now, in order for the Crown or the sovereign to settle the land, they had to have access to this title, they had to gain title to the land. And they only way they could do that was through treaties.* In 1850, Robinson quickly concluded 2 treaties with the Ojibway. One near Lake Huron, the other near Lake Superior. The Robinson Treaties were the forerunners for all treaties for the next century. They contained provisions for annual payments to Indian bands, freedom to hunt and fish on unused lands, and they reserved special use for the Indians only. Confederation: a nation is born, a young nation among many older nation and a new nation with a voracious appetite for real estate. The Americans were stretching West as well and quite possibly would look North in their search for fertile farm land. The Canadian Prairies were a great temptation. And so the race began. Under the authority of the new federal government of Canada, treaties were signed clearing the rights between the lands of Ontario and British Columbia. All the treaties after confederation were numbered. One, at Stone Fort, Two at Manitoba Post, three at the northwest angle of Lake Superior, Four at Qu\'Appelle in present day Saskatchewan, Five at Lake Winnipeg, Six in the Cree territory stretching across Saskatchewan and Alberta, and Seven with the Blackfoot in Alberta. With these seven treaties, the gap between British Columbia and the rest of Canada was closed. All possibility of American encroachment from the South had been cut off. The signing of the numbered treaties had been a great administrative victory for the young Canada. Unlike the Americans who had butchered their Native people in series of bloody and costly Indian wars, the Canadian had accomplished their settlement of the west diplomatically, peacefully, fairly\...or was it fair? Back in the 1830\'s and 40\'s, buffalo had roamed the prairies unhindered. 50 or 60 million by one count. For the Indians of the plains, these huge beasts had provided food to eat, clothing to wear, shelter from the weather, and medicine for their ills. For thousands of years, the buffalo was a way of life. But when the whites came, the buffalo became a business, the end was inevitable. And the end came fast. By 1880, for all practical purposes, the buffalo was extinct. 9. The treaties were signed because the crown recognized that they did not own the land and needed Native permission to settle. The settlers wanted access tro land for farming and resources. And Natives people nedded support due to starvation and 40% of the land of Canada is legally our land. They were made so that the crown, the sovereign, recognized that they did not, did not have title to the land. 10. The confederation is that a nation was born, a young nation among many older nations and a new nationwide voracious appetite for real estate. 1867 Canada became a country. Nova scotia, new brunswick, In 1949 Newfoundland joined Canada. 11 What caused the new Canadian Government to sign treaties for land between Ontario and British Columbia by 1850? Because the Amerias were stretching West as well and quite possibly would look North in their search for fertile farmland. The Canadian Prairies were a great temptation. Were afraid that Americans would take over the Natives Land. Treaties were signed clearing rights between the lands of Ontario and British Columbia. So for Canada to claim the land they had to make treaties. They didn\'t want the Americans to take over the land. **Historian John Taylor:** *The Indians knew that there were far more of these people further east and they were coming west. They knew that the cards were ultimately stacked against them in terms of sheer power. So in that sense, you could say that the treaty was forced on that group of people. But the idea of treaties was something that Indians themselves wanted. Why you might ask would want treaties if they understood them as giving up their land? Well first of all, they didn\'t understand them as giving up their land, and secondly they saw the treaty as a mechanism to protect them for the future.* Starvation and disease quickly took the people of the plains from proud, self-sufficiency to a grim dependency on the will and whim of the white man and signing a treaty was the quickest way to get help. **Former Grand Chief of the FSIN Perry Bellegarde:** *The treaties were basically signed because they were forced to, they had to sign. A lot of the times, they didn\'t want to sign the treaty, they didn\'t want to agree to the treaty. But because of starvation, because of disease, the people were dying, our Indian people were suffering and they felt by signing the treaties, by getting these annuities in place, they could buy food, they could buy blankets from the Hudson\'s Bay Company. They could get the things they needed to look after the people, to look after their band.* It was assumed that with the buffalo gone, Indians would settle down and begin farming. So a common feature of treaties was the setting aside of lands known as reserves for the exclusive use of the Indian people. The size of each reserve was proportional to band population. But whether the population should be counted at the time of the signing or at a later date when the Indians might choose to begin farming was a subject of great debate. **Former Grand Chief of the FSIN Perry Bellegarde:** *Indian people couldn\'t leave the reserves till the 50\'s. So in effect, they were captives in their own land. They were prisoners in their own land, they had to get a permit to leave their own reserve boundaries and they had to get that from the Indian agent. But the initial attempt of the reserves was there was a place they would be protected, you know their way of life to go on.* Now, seventy years after the last treaty was signed, a lingering issues is whether the size of a reserve should have been pegged to a single census as it was or be changed to meet the growing needs of a band as its population increased. After land, a major concern within treaties was education. It was well known to the Indians that the only replacement to the buffalo would be schooling. They asked for schools and teachers. They asked also for medicine. The horrors of epidemic tuberculosis and small pox are almost unimaginable today. With no natural immunities, Native bands were easy prey for disease. Sometimes small pox would carry away half a band in a single season. These diseases had all been brought to the Indians by the whites. 12\.. Why did the Native people want treaties? Four reasons. Native people believed that land could not be owned and they thought that they shared the land with the Europeans which meant that they wanted to maintain access to it. They were starving and dying through diseases forced them to seek resources and protection through treaties. The treaties offered essential support like food and medicine. They saw the treaties as a way to protect their rights and ensure survival. **Historian John Taylor:** *At the time Treaty 6 was signed, the famous medicine chest clause was inserted at Indian insistence that the Indian agent should keep a medicine chest at his house for use. Today Indian thinking is this means medical care, in general terms, the medicine chest may be all they had at that time and place but today we have a broader range of medical care and this is a symbol for that.* **Former Grand Chief of the FSIN Perry Bellegarde** *The interpretation of that clause is very different for the federal government employees or bureaucrats and the Indian leadership because to us and to our elders and leaders who negotiated and signed that treaty, it refers to health care and health benefits for our people. And because our traditional way of healing is still present and alive but we recognized that we would need that assistance.* With the disappearance of traditional sources of food and shelter, many treaties offered annuities. Annual payments of 3, 4, or 5 dollars a head which might buy blankets, tools and provisions to help the Indian people survive the winters. Continual demands of Native nations was that the sale of liquor on or around reserves be utterly prohibited. The advent of whisky had been almost as destructive as the loss of the buffalo and unscrupulous white traders took full advantage of Natives. Even at treaty signing, whisky traders hovered near by to quickly separate the Indian from his treaty payment. Once medicine and emergency assistance was promised, it wasn\'t long before the Agreement was reached. Treaties 1 to 7 were concluded within six short years but clearly the bargaining positions had hardly been equal. For 22 years, no new treaty activity occurred for no new land was needed. But in the 1890\'s business boomed once again. And now the business was gold. The stuff of dreams, pluck it from the earth and retire a millionaire. They stumbled on gold in the Klondike in the 1890\'s and the rush was on. The Indian title had to dealt with of course, and access to the Yukon fields could only be gained through treaty. Treaty number 8 to clear title through the Yukon access route between Edmonton and the gold fields was negotiated with the Cree, Beaver and Chippewayan. These groups were gravely concerned that once they signed a treaty, they would be expected to act like white men. They didn\'t want to pay white man taxes nor fight against the white mans enemies. The treaty commissioner David Laird, assured them this would never be the case. We assured them that the treaty would not lead to any forced interference with their mode of life. That it did not open the way to any imposition of tax. And that there was no fear of military service. This verbal promise duly reported by the chief commission to Ottawa does not appear in the treaty itself but the Indians who signed were comfortable they would no longer fear either taxation or conscription. 13\. What is the famous medicine chest clause? What do Native people argue that this should mean today? One benefit was that they put the medicine chest clause, which was the insistence that each native can keep a medicine chest in each of their homes. They gave them a first aid kit, the natives thought they got health care in their reserves. 14, What were annuities? Why were they issued? The government gives annual money so they could buy blankets and tools to survive the winter. 15\. Why did Native Nations demand that the sale of liquor on or around reserves be utterly prohibited (not allowed)? Native people started drinking alcohol, Europeans made the natives drink, searching for alcoholism. Natives did not want any liquor anymore. They took advantage of the natives. 16\. What did Treaty Commissioner David Laird promise the Cree, Beaver and Chippewayan people in the 1890s? (4 things) Was this ever written down? Was this promise kept? In the treaties there was promised no taxes, no forced military service, no interference wit5h their lands, and continued control over indigenous land. These promises were not written in the treaty. The promise was kept, the policies like the federal taxes and military drafts contradicted these promises. The natives were concerned that they had to pay tax. They said that they weren\'t Canadian and shouldnt pay taxes to their government. They were concerned that once they signed a treaty, they would be expected to act like white men. They didn\'t want to pay white man taxes nor fight against the white man\'s enemies, The treaty commissioner David Laird, assured them this would never be the case, We assured them that the treaty would not lead to any forced interference with their mode of life. That it did not open the way to any imposition of tax. And that there was no fear of military service. **Former Grand Chief of the FSIN Perry Bellegarde** *In order to get the Indian people to agree to sign the treaty, in order to get them to agree to sign their \"x\" on the dotted line, so to speak, they were given the assurance \"you would not be subject to any imposition of any tax nor enforced military service\", that\'s in the treaty commissioner\'s report to Ottawa. Now it\'s written down there and it\'s verbally talked about through all the numbered treaties, the elders will make reference to it, that was one of the promises, no tax, no enforced military service, we will not have to do that, we will not have to pay that, we will no have to endure that. But then along comes the GST, which is a federal tax on everybody including treaty Indian people, which goes against our understanding of treaty, the spirit and intent, and our understanding of the treaty has been breached again.* The year was 1920, wealth that Yukon gold diggers had only dreamed of came spurting from the ground in the Northwest territories. The discovery was oil. As always, rights to the land had to be acquired before the resource could be tapped. Treaty 11 in 1921, cleared title to the oil rich territories from the bands more recently known as the Dene nation. Or at least that\'s what the government thought. Half a century later, the Dene were able to successfully argue before a Canadian court that Treaty 11 was essentially an accord of friendship and peace and not of land surrender. Given the different expectations of the signatories in treaty negotiations, the different approaches, cultures, needs, and even different mechanisms for recording what was agreed, it is not surprising that the terms of Canada\'s Indian treaties has been the subject of continuing debate. **Historian John Taylor:** *Now, while the written treaty talks about yielding, ceding, giving up, surrendering the land, this does not seem to be the understanding that Indians at the time had. For example, in North Western Ontario, the Indians there told the commissioners, tell us where you want your roads to run, tell us what pieces of land you want and we\'ll make those arrangements. They were not talking about yielding, surrendering huge bits of territory and then being given back reserves. They were telling the commissioners the reverse. Tell us what lands you require and we\'ll arrange to give that to you.* **Former Grand Chief of the FSIN Perry Bellegarde:** *Our understanding of what was surrendered was this, the top soil because we recognized as Indian people that the Europeans wanted to farm it so that\'s part of the negotiations, that\'s part of the Agreements, that\'s not in the treaty but it was talked about and it was verbally agreed to so when we talk about the sharing of the land, when we talk about what was surrendered, that\'s all that was surrendered. The right to come and use the top soil, to farm and settle it, that\'s what was surrendered.* The relationship between the First Nations and Canada as a new nation, has been defined in part through some seventy agreements and treaties which took place up to 1923. Every single one of these treaties is still in effect, not one has expired. Because they are living documents, they probably always be the subject of debate and interpretation. But no matter what the controversy, they will continue to serve as a fundamental statement about the way we relate as cohabitants, sharing in a resource of land and riches that the Native people of Canada have always regarded as precious and worthy of respect. **Historian John Taylor:** *The important thing that Canadians need to know about Indian treaties are that they form an obligation of honour on the part of all of us to attempt to understand what it is that Indian people understand about theses treaties. And what it is they expect of us and what it is that we should be doing to try to fulfil those obligations that were made for us many years ago.* **Former Grand Chief of the FSIN Perry Bellegarde:** *We do as Aboriginal First Nations have a special relationship with the Crown, we do indeed have treaty rights and they are here as long as the sun shines, the rivers flow and the grass grows. They will not be terminated, there is no end to that, they are here forever. And people have to realize and understand that, what those rights are and the more awareness, the more education about them that can be taught, it\'s more beneficial for both Indian and non-Indian people. So that we can peacefully coexist in this country that we can share the resources together.* Our treaties deserve constant study and review for like any bond between people, they are only helpful as they reflect the ongoing realities which people face. Situations change our response to those situations must also change. Perhaps by studying the treaties of the past, we can better understand why problems arose and work together towards more effective, compassionate, and realistic agreements in the future. 17\. Why do the terms of Canada's Native Treaties continue to be debated? Every single treaty is still in effect, not one has expired. Because they are living documents, they will probably always be the subject of debate and interpretation. 18\. What was the Native peoples' understanding of what they were "surrendering\'\' regarding land? They thought they surrendered topsoil. They understood what was surrendered was this, the top soil because they recognized as Indian people that the Europeans wanted to farm it so it was part of the negotiations. 19\. How long do these treaties last? When is their expiry date? They have treaty rights and they are here as long as the sun shines, the river flows and the grass grows. They will not be terminated, there is no end to that, they are there forever. **[We are all Treaty People: Pages 2-7]** **Chief Jean Baptiste** **In 1752 Chief Jean Baptiste signed an** agreement **with the Governor of [ ] who represented the British King.** **The agreement renewed the original agreements made in** 1725 **the treaty by the British colonial government and first nations leaders.** **James Simon** **In 1985 James Simon from the Sipekne'katik went to court to defend his treaty right to** hunt**.** **The Supreme court of Canada agreed with Simon, and ruled that the** 1752 **treaty continues to protect the rights of mi'kmaq.** **Grand Chief Donald Marshall sr.** **In** 1986 **Grand Chief Donald Marshall sr. thought that all mi\'kmaq should re-establish the first of** october **as Treaty-day to commemorate the relationship between the mi\'kmaq and her majesty. The relationship includes all people living in** Mi\'kmaq **today.** **John savage and John sylliboy** **In** 1993 **Premier John Savage and Mi'kmaq Grand chief Ben sylliboy announced that October would be Mi'kmaq history month in** Nova Scotia. **The month celebrates and gives thanks to the mi'kmaq and the** Crown **for signing treaties of peace and friendship.** **Mi'kmaq life at the time of the treaties** **In the 1600s, the mi'kmaq welcomed Acadian settlers from France. British settlers started to arrive between** 1725 **and** 1729**. The mi'kmaq signed several agreements known as treaties with the** british **about how the mi'kmaq and the settlers could live side by side in the** maritimes**. These treaties are still in effect today.** **Respecting land and resources** **The mi'kmaq view the land as a** spiritual **place and believe everything in it has a [ ]. The mi'kmaq had an understanding that the land and everything on it was [ ] by the community not owned** **Fishing** **In 1740 Chief Arguimaut described fishing before the settlers arrived, he said that they used to catch many different** types **of fish to eat. Although there were a lot of fish the mi'kmaq fishers only took the amount they** needed**, and if there was extra it would be smoked over a fire to dry and** preserve **for later use.** **Hunting and trapping** **Animals were an** important **source of food,** clothing **and other products, each of the Mi\'kmaq** districts **had traditional hunting territories. Only the amount of animals they needed were taken to make food and clothing without damaging the wildlife [ ].** **Summary of Treaty agreements** - - - - - The treaty day is celebrated on October 1st First signed in1725. Treaties were renewed in 1752 James Simon defended his treaty hunting rights The Ceremonies and exchange gifts We are all treaty people Msit No'kmaq means: all living things are connected ***[Treaty day ]*** In 1752 the Mi\'kmaq grand chief by the name of Jean Baptiste Cope had signed an agreement with the governor of Nova Scotia, ( Who Represents the Crown to an extent ), This agreement was a renewal of original agreements that had been made in 1725. These agreements are what are known as the peace and friendship treaties. In 1985 a man named James Simon went to defend the rights to his treaty to be able to hunt in Nova Scotia , The Supreme Court of Canada had agreed with simon and took his side, The court had ruled that the 1752 treaty shall continue to protect the rights of the Mi\'kmaq People. 1986- We had recognized that the very first of october is treaty day and will be recognized as that By Celebrating treaty day , we give all of our appreciation and thank yous to all of the mi\'kmaq people and their nation , We also give our thank yous to the crown because he had signed the agreement for the peace and friendship treaties The peace and friendship treaties help us thank and honor this relationship ***[Mi'kmaq Life at the time of the Treaties ]*** The Mi'kmaq Nation had reached a number of agreements, that are known as the treaties with the maritimes and with the british. Everyday schools begin their day with acknowledgement that Nova Scotia is a part of mi'kma'ki. The Mikma land had different districts *During the time of the* treaties. ***[Respecting the land and resources ]*** View the land as a spiritual place Respecting the forest and all it has to offer with it being the habitat for many animals such as deer and moose that mi\'kmaq people depended on for food They needed Trees to make wigwams baskets and birchbark canoes ***[What treaties say ]*** Mi\'kmaq and settlers will all keep the peace Mi\'kmaq can continue fishing, hunting gathering resources as usual Mi\'kmaq will have freedom of movement across Mi'kma'ki Settlers are able to establish themselves to live,farm and use province land and resources alongside the mi\'kmaq Government will treat mi\'kmaq fairly with respect. Permanent agreements that government is also expected to follow Courts decide when there is a misunderstanding. These discussions and promises that were used to make treaties have been passed down and remembered through oral history and lessons and some may also be recorded through drawings or wampum belt Treaties are discussed in many court cases today about understandings of what treaties say. ***[1820-1920 land and resources ]*** The mi\'kmaq were quickly outnumbered by settlers; they were weakened by diseases and starvation; they kept their treaty agreement to keep the peace. The treaties concluded agreements that the mi\'kmaq were able to hunt and fish across mi\'kma\'ki but as more settlers arrived they took over the lands that were important. ***[Denying the rights to the land ]*** The mi\'kmaq had lived on the land for thousands of years but the Government ignored the treaties and the rights of the mi\'kmaq it would not let the mi\'kmaq use the land and its resources. Mi\'kmaq were not farmers but the government tried to force it upon them so they could feed themselves so they would not need land. **Pages 8-13:** [Fishing:] When new settlers arrived and began to over fish it made food supply go down by a large amount and many Mi\'kmaq communities began to starve. [Hunting and trapping:] The Mi\'kmaq usually hunted using spears bows and arrows bows when the settlers arrived they brought guns with them and that impacted on the way the mi\'kmaq hunted. Numerous animal habitats were lost when settlers destroyed the trees for harvesting and overhunted. [Netukulimk:] Netukulimk is a word that reflects traditional Mi\'kmaq life. Every part is connected to every other part, events of birth, death, decomposition, prey, and predation. [What treaties say:] Treaties were long term agreements. [Land and Resources:] They took lands that were used for hunting and fishing and they also brought over many diseases such as smallpox. Thuis affected many mi\'kmaq communities, wiping out a large population and made many starve due to food supply shortages. Many mi\'kmaq communities treaties state that all mi\'kmaq people are allowed to hunt and fish across Mi\'kma'ki land. [Traditional Lands:] The settlers did not care about any agreements or negative impacts in order to take their Land. [Denying rights to land:] The government tried to force Mi\'kmaq into becoming farmers and grow crops to feed themselves so they wouldn\'t have to use the land for fishing and hunting. [Reliance and advocacy:] Mi\'kmaq families had to adapt and learn how to survive. In 1841 chief louis paul of nova scotia sent a letter to the queen to explain how poorly the mi\'kmaq people had been treated by the british colonial government. [Using the forest:] Mi\'kmaq people were heavily dependent on wood for many reasons. Much land and using it for farming and other things. As the settlers took over the Mi\'kmaq people to collect wood which ended up giving them less materials to work with and trade to the settlers. **[Pages 14-19: We are All Treaty People: Student Handout]** Follow along with the presentation, and fill in the blank spaces. **Slide 1:** ***Resilience and Adaptation of the Mi'kmaq people:*** A Study of the Mi\'kmaq Struggles and Responses to Colonial Expansion **Slide 2:** The Mi\'kmaq were forced to adapt to significant challenges as settler expansion began in Nova Scotia. While Treaties allowed them to hunt and fish as they always had, fish and wildlife became scarce due to overuse by settlers **Slide 3:** **Economic Adaptation in the Face of Scarcity** 1. 2. **Slide 4:** **The Craft Industry as a Course of Income** - - - **Slide 5:** **Mi'kmaq Leaders' Petition (1849)** - - **Quote: "You have taken from us our lands and trees, and now destroyed our game..."** **Slide 6:** **The "Can You Own a Brook?" Incident (1846)** - **Quote: "That tree was planted by the Great Spirit for the Mi'kmaq before you..."** **Slide 7:** **The Move to Reserves** - - - **Slide 8:** **Failure of the Government to Protect Reserves** - - - **Slide 9:** **The Assimilation Effort** - - **Slide 10:** **Rejection of Enfranchisement** - - - - Quote: "No Mi'kmaq man ever applied for enfranchisement." **Slide 11:** **Mi'kmaq Resilience and Resistance** - - - **Slide 12:** **Conclusion & Reflection** - - - - - **Final Thought: The Mi'kmaq resilience continues to influence Indigenous rights movements today.** **[Summary of Pages 20-27:]** **[Trying to make Mi'kmaw culture disappear:]** - **[The gradual Civilization Act:]** Government Goal: - Gradual civilization Act offered: - - Mi'kmaw Woman: - British women: - British settlers rights: - **[Enfranchisement:]** Gains with Enfranchisement: - - Losses with enfranchisement: - - - - - **[Assimilation is rejected:]** - - - - - - **[Mi'kmaw chief seeks guarantees from Britain before confederation:]** Before 1867 , Canada was not a country. Officials were in the process of discussing how the new country of Canada would work. Idea of a new country was called confederation. Which is controversial for many people Mi'kmaw leaders from every community met together to decide what they should do about confederations. Elders and chiefs were worried about losing their direct relationship to the king or queen and they were worried that the new Canadian government would not honour the treaties. **[Chief peter Cope - delegate in London 1866:]** The Mi\'kmaq decided to send representatives to London, England. They wanted to make sure that their treaty agreements would be respected by the new Canadian government. The Mi\'kmaq raised money to send Chief Peter Cope to london. He was chosen because he could speak English. Cope traveled to London on board a steam powered passenger ship. In London, Cape met with British colonial officials. Cape was informed that as long as any Indian remained loyal to the English Government, so long the treaty rights would be respected and adhered to, to hunt, fish and camp wherever and whenever they like. And no by law can ever alter or change these treaty rights and privileges. Cope reported these words to his community to assure them of the crown\'s protection. These words became part of mi\'kmaq oral tradition through generations. Even though Cope was told that the treaties would be respected, the new Canadian government failed to do so. **[Canada\'s goal: assimilation:]** The British approved confederation in 1867. The new Canadian government in Ottowa became responsible for the treaties. The new government created a department of indian affairs. Officials who worked for the Department wanted to turn them into English-speaking Canadians. and train them for a variety of industrial jobs. The department of indian affairs hired settlers as officials to run the reserves. **[Reserve life:]** The new Canadian government wanted to push more Mi'kmaq to live on reserves; each one was assigned an Indian to supervise life on the reserves. He was a settler who enforced rules and encouraged assimilation. Many Mi'kmaw families were struggling to survive. The government promised the Mi'kmaq a better life on reserves. Officials said there would be medical care , education , and financial support for families. The reality was different. Many Mi'kmaq adopted the Catholic faith after the arrival of French priests in the 1600's and 1700's. Moving to reserves meant the Mi'kmaq had to leave the land that had helped them survive for generations. The government tried to force the Mi'kmaq to become farmers. But the reserve land was not good for farming. Families could not make a living as farmers. Mi\'kmaq men found jobs off the reserve. Some worked in the forest where lumber camps offered regular seasonal work in harsh and dangerous conditions. Some used their knowledge of traditional ways to work as guides for vacationing hunters. A few women worked as teachers in reserve daz schools. Racism and government policies stopped the Mi'kmaq from getting many kinds of work, including well-paid careers in law and medicine. **[Racism in schools:]** There were no days in schools on the smaller or more remote reserves, so many Mi'kmaw children went to their local school. They often encouraged racism at school. For instance, in 1868, Silas Rand recorded that the white people "made strong opposition" when Mi'kmaw Children tried to attend the local School at Shubenacadie. The result was the Mi\'kmaq children had no school to go to. There were many reasons why Mi'kmaw children did not attend a local school. In 1890, the Indian Agent for Queen's County noted that some of the Mi\'kmaq children refused to go to the public school because they were discriminated against by their wealthier, white classmates. Reserves were often in isolated locations and the local public school was far away for the children. The schools were not heated well during winter and Mi'kmaw parents often couldn\'t afford warm clothing for their children. Most Mi'kmaw children doubt speaking English, so they couldn\'t understand the lessons that were only taught in English. **[Education and language:]** On reserves, all the students were Mi'kmaq and they spoke the Mi'kmaq language in some communities, the Mi'kmaq challenged the school programs and the English-only policy. They were able to have teachers use Mi'kmaw in the classroom. **[The new governments laws:]** Canada's federal government passed the Gradual Enfranchisement Act in 1869. It was similar to the Gradual Civilization. An Act passed 10 years earlier in Nova Scotia. This law gave the government more powers to control and shape Mi'kmaw life. The new law forced the Mi'kmaq to change from their traditional form of government to a European style of government on their reserves. The result of the new act was two forms of mi\'kmaq government: the new chief and Band Council, and the traditional Keptinaq(District Chief) and Council. Neither had full power, however, as every decision had to be approved by the Indian Agent. [Traditional Mi\'kmaw governance:] - - - - - - [New system of governance (imposed by the Canadian government):] - - - - - - **The Indian Act** ***- Paternalism and Assimilation*** **What is the Indian Act?** - - - - - - - - - - - - **[Definitions]** - - - - - - - - - **[Indian Act of Canada,]** law designed to integrate Indians in Canada into the mainstream economy and culture. Introduced in 1876, the act allowed the Canadian government almost complete control over how Indians lived and interacted with non-Indians. At the same time, it gave the government special responsibility for the health, education, and lands of much of the Indian population. The Canadian Parliament overhauled the act in 1951 and continued to amend it significantly throughout the remainder of the 20th century. While the more recent changes allowed less federal intrusion, the government still exercised a large degree of control over the lives of Indian people. In addition, the government's control of the Indian population actually worked counter to the act's stated goal; the act isolated Indian people from mainstream Canadian society instead of integrating them into it. [[PASSAGE OF THE ACT]{.smallcaps} ] The Constitution Act that established Canada as a confederation in 1867 gave the new federal government responsibility for and control over most of the aboriginal people and their land reserves. (Since the 1700s the government had set aside lands for some aboriginal bands in return for most of the bands' territory.) Prior to and immediately after confederation, provincial and federal officials passed many laws restricting interactions between aboriginal people and the increasing number of whites settling near them. By 1876 there were so many aboriginal-related laws that Parliament consolidated them in the Indian Act. In this way, Parliament hoped to ensure order in relations between whites and aboriginal peoples. The new act defined who was an "Indian," using a person's lifestyle and heritage as the primary criteria. The government had complete discretion over who was designated an Indian. To be given Indian status, one generally had to be a member of an aboriginal band that was granted a reserve or government funds or had negotiated a treaty with the government. The act only applies to Status Indians. Aboriginal groups not recognized as Indian in the act include non-Status Indians, the Inuit, and the Métis, people of mixed European and aboriginal heritage. These aboriginal groups have never been subject to the Indian Act's restrictions, but many have struggled without benefits provided by the act. The act set forth what rights and protections Status Indians had. Under the act, Indians could continue to hunt and fish for a living, and they were eligible for government-funded education and health care. The government was obligated to protect reserve land from white settlers who wanted to take it, and non-Indian people were prohibited from trespassing on reserves. But the act deprived Indians of the right to govern themselves and denied them citizenship, barring them from voting in federal or provincial elections. The act also restricted their ability to conduct commerce and to own land. Indians were prohibited from consuming alcohol or leaving their reserves without governmental permission. Most of the power on any Indian reserve was held by the federal agent for the Department of Indian Affairs (now the Department of Indian Affairs and Northern Development), who controlled government money and could veto decisions made by the reserve council. Although the act differentiated Indians from whites, its main goal was to assimilate the Indian population into white Canadian culture. The act provided guidelines for Indian behavior. When an Indian met white standards by adopting the values and beliefs of the European Canadian population, he or she could be *enfranchised* (given Canadian citizenship). The requirements for enfranchisement changed over time, from knowing how to read to being a farmer or attaining professional status, for example as a lawyer or doctor. However, enfranchisement meant loss of Indian status. In some cases the act allowed the government to enfranchise Indians whether they wanted to be citizens or not. The act also forced Indians to abandon their own cultures by forbidding traditional ceremonies such as the potlatch and the Sun Dance. Many officials believed the government's relationship with Indians was appropriate because they thought aboriginal people were unable to make intelligent decisions or to control themselves. [[REFORMS SINCE 1951]]{.smallcaps} After World War II (1939-1945) Canadians developed a new awareness about Indians. They noticed, for example, that Indian men had served admirably in the Canadian army during World War II. They also considered a federal report that showed that most of Canada's aboriginal peoples were living in poverty. Canadians became more concerned about the ways the government violated the rights of Indians. In response, Parliament decided to remove objectionable and outdated provisions from the Indian Act. After four years of review by a special parliamentary committee, with advice from Indian leaders, Parliament reworked the act in 1951. The changes generally reduced the control federal agents had on reserves, giving a measure of self-government to Indian bands. Parliament removed the controversial section of the act banning potlatches and Sun Dances. It also took out the rules prohibiting Indian people from consuming alcohol or leaving their reserve without permission. In addition, Parliament lifted some restrictions on Indian trade. The government continued to amend the Indian Act after it was reworked in 1951. By 1962 Indians had the right to vote in federal and provincial elections. In 1985 the law was changed so that Indians could no longer be forced to give up their Indian status, and Indian women who married non-Indian men no longer automatically lost their Indian status. In the 1980s and 1990s amendments gave bands more self-government, including some control over deciding who was entitled to band membership and could live on their reserves. Despite these changes, the act remained similar to the original act. [[EFFECTS AND REACTIONS]{.smallcaps} ] One of the most pervasive pieces of legislation in Canadian society, the Indian Act regulates almost every aspect of Indians' lives. At the same time, it has failed many times to protect Indian land, allowing non-Indians to take reserve property or purchase it through the government at a fraction of its worth. The act has stifled Indian economic development by putting commerce on all reserves under the control of an unresponsive centralized bureaucracy. Finally, the measure intended to protect the Indians by barring non-Indians from trespassing on reserve land isolates Indians from mainstream society. Indians view the act as a tool the federal government uses to control their actions. Although many provisions that violated Indians' civil rights have been removed, the act still restricts their right to govern themselves. Most Indians want to abolish the Indian Act, but they realize that its recognition of their distinct status provides some safeguards for their culture and their land. Indians would like to keep some of the government benefits provided under the act but gain additional benefits and attain more self-government. [Questions: Answer in Complete Sentences:] 1. The Canadian government had the special responsibility to oversee the health, education, and lands of the Indian population. 2. The Constitution Act of 1867 established Canada as a confederation and gave the federal government responsibility for most aboriginal peoples and their land reserves. 3. Parliament created the Indian Act in 1876 to consolidate the numerous laws governing Aboriginal peoples and to maintain order in relations between whites and aboriginal groups. The act aimed to assimilate Indians into Canadian culture. 4. To achieve Indian Status, one had to be part of an Aboriginal band that was granted a reserve, received government funds, or had negotiated a treaty. This was problematic because the government had complete discretion over who was designated as an Indian, often excluding non-Status Indians, Métis, and Inuit from the act's protections and benefits. 5. Non-status Indians, Métis, and Inuit have not been subject to the Indian Act's restrictions. This could be problematic as these groups do not benefit from the rights and protections under the act, often leaving them without government support or recognition. 6. Rights of Indians Responsibilities of Canadian Government ------------------------------------------------------- ----------------------------------------------------------- Rights to hunt and fish for a living Protect reserve land from white settlers. Access to government-funded education and health care Maintain reserves and enforce laws to safeguard them Protection from trespassers on reserves Provide essential services and funds to support reserves. 7. - - - - - - - - - 8. 9. Many officials believed the relationship was appropriate because they viewed Aboriginal people as incapable of making intelligent decisions or controlling themselves, and justifying the government's paternalistic approach. 10. The Indian Act was reworked in 1951 after WWII when Canadians became more aware of the poverty and discrimination faced by aboriginal peoples. Public concern and a federal report led to the removal of outdated and discriminatory provisions. 11. - - - - - - - 12. - - - 13. The Indian Act has not been abolished because it recognizes the distinct status of Indians and provides safeguards for their culture and lands. However, most Indians want more self-governance while retaining certain Government benefits.