Chapter 4: Collective Rights in Canada-Metis and Canadian Gov't Flashcards

1
Q

who do collective rights belong to?

A

Belong to groups of people who are identified in Canada’s Charter of Rights and Freedoms.

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2
Q

What is the purpose of Collective Rights?

A

To affirm the identity of groups in a society which to show the belonging of each distinct group.

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3
Q

Who has collective rights?

A

Aboriginal people including First Nations, Metis and Inuit.
Francophone and Anglophone
not canadian citizens

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4
Q

What are numbered treaties?

A

are historic agreements between the Queen and the First Nations, they affect the rights and identity of some First Nations in Canada.

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5
Q

How does britian recongize Collective rights?

A

recognized First Nations’ rights to land and established the principle of making treaties with First Nations by peaceful negotiation.

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6
Q

What also affects the collective rights of First Nations?

A

The Indian Act and Section 35 of the constitution

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7
Q

What did the Canadian Goverenment agree to terms with?

A

covered First Nations education, reserves, annuities and other matters.

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8
Q

What to FNs consider to be sacred?

A

The treaties

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9
Q

Why did the west First Nations and Canada negotiated the treaties for many reasons:

A

~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.

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10
Q

Why does Perspective play a role in the interpretation of the Treaties.

A

~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.

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11
Q

What is the Indian Act

A

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.

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12
Q

What does the Indian Act allow the governemtn to do?

A

~The Indian Act allows the government to develop specific

policies and programs to administer treaty rights to First Nations

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13
Q

What does the Indina Act conferm for the FN

A

Their collective rights

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14
Q

What are Indian Agents

A

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.

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15
Q

What does the Act determine

A

~The act determines who can be registered as a “status Indian”
with treaty rights.

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16
Q

Who made the indian act?

A

~The Indian Act was created by the Canadian government

without consulting the First Nations people.

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17
Q

How was the Indian act originally intended to assimilate First Nations people?

A

~Until 1960, First Nations had to give up their status and

Treaty rights in order to vote.

18
Q

What did the Indian Act determine

A

~The act determined how First Nations people were to

conduct their affairs

19
Q

How did the Indian Act restrict the first Nations.

A

~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.

20
Q

What are the 2 offical Languages in Canada

A

French and English, you can conduct and government affairs in any offical language

21
Q

What is the only bilingual language

A

New Brunswick

22
Q

What did the Supreme court rule in 1988?

A

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

23
Q

What did the Supreme Court deterime about Immigrants?

A

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.

24
Q

What was signed because of the metis-led red river resistance 1869-1870

A

the manitoba Act

25
What is the manitoba act/red river resistance?
The act guaranteed the Metis and as well as the farms they had already built along the Red River. but they lost the land rights and only got 15% on the land
26
# Positive, Negative, Neutral Effect on Metis Collective Rights What was the ranking of the Manitoba act?
Negative, they were promised land but didnt get it
27
What happened in 1875-1879
the Canadian government issued scrip to the Metis. The scrip was a document that the could be exchanged for land. Srips were issued as opposed to establishing Metis land in Manitoba.
28
What was the choice in 1875-1879
The Metis were sometimes given the choice of accepting the | scrip or become “Treaty Indians” under a Numbered Treaty.
29
What is The canadians veiw point vs the metis? 1875-1879
The Canadian government did not see the Metis as having the same rights to land as the First Nations. The Metis disagree and believe the Metis have rights to land as an Aboriginal people.
30
What happened in 1885
In 1885 the Northwest Rebellion tried to protect Metis land in modern day Saskatchewan as the railway and settlers moved west.
31
Was 1875-1879 postive, neutral or negative
negative, the CG failed to provide land
32
Was 1885 postive, neutral or negative?
Negative, the CG didn't listen to the metis concerns
33
1896-1910
Metis farms were established at St. Paul des Metis on land provided by the Catholic Church. The Metis however did not have title to the land and had to move when the settlement closed 14 years later.
34
was 1896-1910 positve, neutral, or negative
negative, they metis were forced to leave with being consulted with.
35
What happened in 1938
the Metis Population Betterment Act was passed by Alberta’s government establishing twelve temporary Metis settlements. This was the first time a government had granted land to the Metis.
36
was 1930 positve or negative
positive, the first a gov't gave land to the FN
37
what happened in 1940-1960
The settlements did not give control of the land to the Metis and when the settlements (in 1930, The Metis Population Betterment Act) were found to be unsuitable for farming, hunting and fishing the settlements went back to the Alberta government.
38
What happened in 1982
~In 1982, the Metis lobbied for inclusion in the Charter. Section 35 recognizes the Metis as Aboriginal peoples.
39
What happened in 1990
~In 1990 the Alberta government put forth legislation in which the Metis received settlements as permanent land base with the right to manage their own affairs. They got freedom to participate in oil and gas on the settlement lands.
40
What happened in 2003
~In 2003, the Supreme Court ruled that the Metis have the right to hunt and fish as one of Canada’s Aboriginal peoples under the constitution.
41
What happened in 2004 and 2007
~In 2004,the Alberta government recognized Metis hunting and fishing rights. ~In 2007, the Alberta government put restrictions on these rights without consulting the Metis organizations.
42
What happened in 2006 and 2013
~In 2006, Metis in Manitoba started a court case seeking compensation for land promised, but never delivered, in the Manitoba Act of 1870. 2013, they got the compensation by the Supreme Court of Canada