Chapter 4: Collective Rights in Canada-Metis and Canadian Gov't Flashcards
who do collective rights belong to?
Belong to groups of people who are identified in Canada’s Charter of Rights and Freedoms.
What is the purpose of Collective Rights?
To affirm the identity of groups in a society which to show the belonging of each distinct group.
Who has collective rights?
Aboriginal people including First Nations, Metis and Inuit.
Francophone and Anglophone
not canadian citizens
What are numbered treaties?
are historic agreements between the Queen and the First Nations, they affect the rights and identity of some First Nations in Canada.
How does britian recongize Collective rights?
recognized First Nations’ rights to land and established the principle of making treaties with First Nations by peaceful negotiation.
What also affects the collective rights of First Nations?
The Indian Act and Section 35 of the constitution
What did the Canadian Goverenment agree to terms with?
covered First Nations education, reserves, annuities and other matters.
What to FNs consider to be sacred?
The treaties
Why did the west First Nations and Canada negotiated the treaties for many reasons:
~Canada wanted to build a railroad to BC
~First Nations and Canada wanted to avoid war
~The Royal Proclamation in 1763 already recognized the rights of First Nations’ to land.
Why does Perspective play a role in the interpretation of the Treaties.
~the First Nations’ recorded the Treaties orally in their own languages while the Canadian government recorded the Treaties in written English.
~The oral and written accounts disagree on key aspects of the Treaties
~The Canadian government believes that the First Nations gave up their land under the treaties
~Many First Nations disagree since they do not see land as being something anybody can own or give up.
What is the Indian Act
The Indian Act is federal legislation related to the rights and
status of First Nations peoples (“status Indians”), first passed in
1876 and amended several times.
What does the Indian Act allow the governemtn to do?
~The Indian Act allows the government to develop specific
policies and programs to administer treaty rights to First Nations
What does the Indina Act conferm for the FN
Their collective rights
What are Indian Agents
The act allowed for the creation of officials for each reserve,
“Indian Agents,” who on an individual basis determined how the
government would perform its duties. This allowed for several
different interpretations of the Treaties.
What does the Act determine
~The act determines who can be registered as a “status Indian”
with treaty rights.
Who made the indian act?
~The Indian Act was created by the Canadian government
without consulting the First Nations people.
How was the Indian act originally intended to assimilate First Nations people?
~Until 1960, First Nations had to give up their status and
Treaty rights in order to vote.
What did the Indian Act determine
~The act determined how First Nations people were to
conduct their affairs
How did the Indian Act restrict the first Nations.
~The act at certain points in history restricted their ability to take political action,to wear traditional dress, and to be a part of traditional ceremony.
What are the 2 offical Languages in Canada
French and English, you can conduct and government affairs in any offical language
What is the only bilingual language
New Brunswick
What did the Supreme court rule in 1988?
the law can require signs to be in French but could not prohibit the use of English, can also require that the French is more prominent than English
What did the Supreme Court deterime about Immigrants?
The Supreme Court also determined that immigrants do have
the right to educate their children in Anglophone schools in
Quebec if their children have already received education in
English.
What was signed because of the metis-led red river resistance 1869-1870
the manitoba Act