5.5 Flashcards
When did Aboriginals living on reserves get the right to vote?
1960
Why didn’t Aboriginal political action not begin until the 1970s on a national level?
Because they didn’t have the right to vote.
What were some (4) Aboriginal advocacy groups on the national level? What were some (2) Aboriginal advocacy groups in Saskatchewan?
National: Assembly of First Nations, Congress of Aboriginal Peoples, Metis National Coucil, Native Women’s Association of Canada.
Saskatchewan: Federal of Saskatchewan Indian Nations, and Metis Nation of Canada
What was the Indian Act? When did it change?
A repressive act that governs all aspects of an Indian’s life. Defines who is an who is not a registered Indian. It changed with the intro of the Canadian Charter of Rights and Freedoms and has allowed Aboriginal people greater control and use of the court system in their favour when this bill has been passed.
What does article 25 of the Charter guarantee?
No rights and freedoms shat take away from any treaty or rights of FN
A) any rights or freedoms that have been recognized by the RPC
B) any rights or freedoms of land claims
What are the 4 points of article 35?
- Existing traty rights are recognized
- Aboriginal includes Indian, Inuit, and Metis
- Treaty rights include rights that now exist by way of land claims
- Aboriginal treaty rights are guaranteed for males and females
What is Bill-31?
An act to amend the Indian Act and remove discrimination against Indian women from the Indian Act and bring it into accord with the Charter of Rights.
When was bill31 enacted?
1985
What did Bill-31 remove and give Indian Women?
Removed the sub-section that took away women’s status when they married non-Indians and gave all Indian women that lost their status the opportunity to regain their and their children’s status.
What are 6 problems with Bill-31?
- Second generation cut-off status
- Families of women who married out are still discriminated against
- To maintain the status of their children, women have to prove that the father of their child is registered as an Indian.
- Now the children of women and men who marry out may lost their status–with time and intermarriage, there will be no more Indians.
- Two categories of registered Indians have been created 6 (1) and 6 (2)
- Status no longer confers band membership
What are 4 specific problems with women and Bill-31?
- The rights of Indian women a re still ess than those of Indian men.
- Indian women do not have equal rights to matrimonial property or assets on reserves.
- Indian women who regained status may not have been accepted as band members–thus they may not have been able to return to their reserve and to their former homes.
- Such losses are linked to poverty and this is linked to susceptibility to violence in urban communities.
What does Section 67 state and what does this mean? (What act trumps what)?
-Nothing in this Act affect the Indian act or any provision made under it
-All individuals should have an opportunity equal with other individuals without being prevented by discriminatory practices.
What this means is that the Indian Act trips the Human Rights Act.
What is act c-21?
An act to amend the CHRA–proposes the removal of section 67 of the CHRA after a 6 month transition period.
What will Bill C-21 fix?
Aboriginal women do not have the same matrimonial property rights as non-aboriginal women–> will be fixed
Aboriginals do not have the same rights under the Canadian Charter of Human RIghts–> will “fix” that
Gives due regard to FN traditions and customary laws
What people are not entitled to Indian status?
A) any person who was registered under paragraph 11(1)(f) as it read prior to April 17, 1985–> If that person wasn’t registered before 1985, not an Indian
B) If a child is born and one parent is not registered, then that child is not an Indian
What is Misconception 1: Terminology?
Aboriginal and Native are used to define one homepage ours group of people in Canada.
What are the terms “Aborriginals”, “Native”, and “Indigenous” used to descrive?
Three distinct cultural groups known as the Inuit, Metis, and First Nations.
Within the First Nations, there are how many FN bands and how many nations, and how many languages?
633 FN bands
52 nations
50 languages
When should the term Aboriginal be used?
Only as an adjective to desvribe individuals or mixed groups of FN, Metis or Inuit people.
What is Misconception 2: Rights and Benefits?
FN are the only people to have special rights and benefits above other Canadians.
What are a few of the areas that FN get special rights?
- Where constitutionally-protected FN rights exist, they do have priority over others (ex. The right to fish)
- Som registered FN are enrolled under claim settlements, and enjoy benefits such as reserve land, hunting and fishing rights, payment of annuities
- Gov’t will provide housing and post-secondary assistance
- Many services provided by provinces to other Canadians are provided to FN on reserves federally
- Gov’t provides assistance to those who cannot afford housing, medical aid, social assistance, tax rebate to low income families
- Foreign diplomats to Canada are a let o take advantage of provincial sales tax exemption