Charter of Rights and Freedoms and Individual and Collective Rights Flashcards
1
Q
Define Constitution
A
The legal documents that outline how a country is run.
2
Q
Define Internment
A
Keeping a person in prison or jail
3
Q
Define Labour Union
A
An organization that hundreds or thousands of workers are under. This protects the worker’s rights and freedoms.
4
Q
Define Historical Context
A
Discussing an event based on events that have taken place historically.
5
Q
Define Discontentment
A
Being unhappy or not satisfied with something.
6
Q
Define amendment
A
To legally change or mend a legal document to make it better protect the right and freedoms of citizens.
7
Q
What is the amending formula?
A
To make an change to the charter or any constitutions 7/10 provinces have to vote in favour including Ontario or Quebec. And at least 50% of the total population.
8
Q
Define Patriation
A
The process of the British government amending Canada’s constitution to make Canada in charge of it, instead of Britain.
9
Q
Define Federalism
A
A type of government that has two sections of the same power, one provincial or territorial and one federal.
10
Q
What does the statement “bringing home” refer to?
A
When Canada obtained control over its constitution and gained the ability to make a charter of rights and freedoms
11
Q
Define Sovereignty
A
The power of having control over yourself, or yourself and other countries
12
Q
Referendum
A
A special vote given to people in a specific area to decide on a political or social matter
13
Q
Canadian Charter of Rights and Freedoms
A
A legal document that states the rights and freedoms every Canadian has and if they feel their rights have been abused they can report them to court.
14
Q
Define Infringe
A
To stop someone from doing something, or make it harder for them to complete something.
15
Q
Define Right
A
Legal, social, or moral expectations that everyone is given from the government.
16
Q
Define Freedom
A
The right to not be disrupted by the government unless you infringe on someone else’s rights and freedoms.
17
Q
Why was the Charter of Rights and Freedoms created?
A
Because Canada was having political issues in 1960-70s, which included the discontentment over Quebec social policies and the language. Also because there was concern over the use of natural resources in the western provinces.
18
Q
Who came up with the idea for the Charter of Rights and Freedoms?
A
Prime Minister Pierre Trudeau
19
Q
What did Quebec want before the Charter of Rights and Freedoms was created?
A
-Quebec created a referendum that failed to become separate form Canada
Quebec wanted to be their own country and have power over themselves
20
Q
What did the PM do to keep Quebec happy?
A
He promised Quebec that their rights would be protected under new constitution.
21
Q
Why didn’t some provinces want new constitution to protect the rights and freedoms?
A
Because the provinces felt that the government was catering to Quebec.
22
Q
When were the amendments on the BNA act signed off and by who?
A
April 1982 by Queen Elizabeth 2nd
23
Q
What does the Charter of Rights and Freedoms promise?
A
That all citizens have the same rights and freedoms that are protected under the law.
24
Q
What can you do if you feel that your rights have been violated?
A
You can challenge them in court
25
Is a criminal accused of a crime being given a lawyer, fair trial, and a trial in a reasonable amount of time a right or a freedom?
A right
26
Define Human Right
A right that every person has just because they are human and every human should be treated equally.
27
Define Civil Right
Rights that all people in a country have because they deserve the same rights, civil rights are often protected by laws.
28
Define a right and freedom responsibility
The tasks or choices a person in a society must make to protect that rights of other people.
29
Define Fundamental freedom
Freedoms that are guaranteed for all people.
30
Define Democratic right
Rights based on the government.
31
Define mobility right
Rights that allow to to move away from your country and come back easily.
32
Define legal rights
Rights that are based off of the Justice system.
33
Define Equality rights
Rights that are based on the characteristics of a person
34
Define official language rights
Rights based on the two official languages in Canada.
35
Define Minority Language Education Rights
Rights that have to do with education in both official language in Canada.
36
Define free election
An election that is unbiased, and the ballot has multiple options.
37
Define birthright
A right that a person inherits as soon as they are born in a country or when they obtain citizenship.
38
Define Arbitrability
To have reasoning or no questions
39
Define Indian act
An act made in 1876 which aimed to remove First Nations culture from them and assimilate First Nations people into the mainstream way of life.
40
Define assimilate
To remove or the culture of a group of people into another culture.
41
Define indian agent
A person elected to be in charge of a reserve of First Nations people.
42
Define reserve
An area of land that was separate from other land and had different resources than the “normal” land. These were used to separate Indigenous people from white people.
43
Define residential school
Schools made to remove the First Nation culture from children and convert them into the mainstream way of life. These made sure that the First Nation culture could not be passed down.
44
Define Ethnocentrism
Comparing another person's culture to another culture to them (usually in a bad way).
45
In order to have meaningful rights what do you have to have?
An understanding of the principles of the rights.
46
What are civil rights usually protected by?
Laws and legal documents like the constitution
47
What are the types of responsibilities?
Political, legal, moral, and social
48
Examples of political responsibilities.
-voting
-staying informed on issues
-participating in political affairs
49
Examples of legal responsibilities.
-going to jury duty
-obeying the law
-knowing your rights
50
Examples of moral responsibilities.
-respect the rights of other people
-acting in an acceptable manner for society
51
Examples of social responsibilities.
-participating and supporting community events
-volunteering to help those less fortunate than you
52
What are the only 2 Canadian rights for only citizens?
-Voting
-And the right to mobility
53
Fundamental freedoms
-Freedom to express your opinion
-Freedom to choose your own religion
-Freedom to organize peaceful meetings and demonstrations
-Freedom to associate with any person or group
54
When can rights and freedoms be limited?
When using your rights are hurting the rights and freedoms of other people
55
Democratic Rights
-Every Canadian citizen of age has the right to vote
-Every Canadian citizen of age has the right to run for public office
-Elections, both federal and provincial, must be called every five years
-Parliament and legislatures must sit at least once every 12 months
56
What right in Canada is a birthright?
Voting
57
Mobility Rights
-Right to move anywhere within Canada and to earn a living there
-Right to enter, stay or leave Canada
58
Legal Rights
-Everyone has the right to be secure against unreasonable search and seizure.
-The police must have reasonable grounds for searching you or your home and any evidence that is unlawfully obtained may be excluded at trial.
-Everyone has the right not to be arbitrarily detained or imprisoned.
-Everyone has the right on arrest or detention to be informed promptly of the reasons and to consult counsel without delay and to be informed of that right.
-Everyone has the right to a fair trial within a reasonable time.
-Everyone is innocent until proven guilty beyond a reasonable doubt.
-Everyone has the right to be tried by a judge and jury where the punishment for the offence charged is over five years imprisonment.
-Everyone has the right not to be compelled as a witness and to remain silent when accused of a crime.
-Everyone has the right not to be subjected to any cruel and unusual treatment or punishment.
59
Equality Rights
To not be discriminated based on
-Race
-Nationality or ethnic origin
-Color
-Religion
-Sex
-Age
-Mental or physical disability.
60
Official Language Rights
-Right to use French or English in courts set up by the federal government and in federal parliament.
-Federal laws and records parliament must be in French and English.
-Right to use either French or English with the federal governments’ offices and other places where there is a significant demand or where it is reasonable to expect services in both languages.
61
Minority Language Education Rights
-Preserve minority language education rights in Canada
-Ensures that the option to attend French first language classes exists in provinces where French is not the majority language (or in English where English is not the majority language)
62
Responsibilities for expressing your opinion
-be informed before sharing
-share opinions peacefully
-value other's opinions
-respect other's opinions
63
Responsibilities for freedom of religion
-make sure it doesn't infringe on rights of other's
-respect religions of other's
-value other religions
64
Responsibilities for organizing meetings
-do not break the law
-be respectful +have a purpose for meeting
-not destruct property
-treat everyone equally
64
Responsibilities for associating with groups
-not break law
-respect people in the group
-not destruct property
-have reasoning for associating
-make good decisions on who you are hanging out with
65
Responsibilities for democratic rights
-express your opinion
-to to jury duty
-can work for government
-stay informed
66
Responsibilities for mobility rights
-move wherever you want in Canada
-to be welcomed into a new place
-welcome people into your province
-respect laws that are different to the ones where you live
67
Responsibilities for legal rights
-obey the law
-attend jury duty
-report crime
-be treated as innocent until proven guilty
68
Responsibilities to be free of discrimination
-don't discriminate
-treat people equally
-not treating groups differently
-be open to other's ideas
-be peaceful
69
Purpose of Indian Act
-generalize all First Nations into 1 group
-Assimilate First Nations into mainstream culture
-Make it illegal to practice First Nation culture
70
How did the Indian Act assimilate First Nations?
-Created band councils
-created reserves to
-separate First Nations from others
-created a status system to deem if you were "Indian" enough
-created residential schools for children
71
Define Suffrage
The right to vote
72
Define Misogyny
Unfair treatment towards women usually given by men.
73
Define the Temperance Movement
A movement to discourage large amounts of alcohol consumption because everyone was drunk all the time and people were not making good decisions.
74
Define Multiculturalism
A society that ensures that everyone can have their own beliefs and opinions regardless of their race, sex, and other circumstances.
75
Define Pluralism
The belief that diversity is a benefit and positive aspect of a society.
76
Define Melting Pot
Belief that you can practice your religion but you are a part of something bigger than your religion.
-Like Americans, above all they are American
77
Define Common Law
Using old case studies to determine the outcome of a recent case.
78
Define Notwithstanding clause
A law that allows provincial governments to override the Charter for a certain amount of time
79
Define the Lord's Day Act
The act that prohibited workers from running their business on Sunday because they were only meant for worship and rest.
80
Define Labour Union
An organization of employees that work together to fight for rights, wages, and workplaces of employees.
81
Define Employment Equity Act
A law that states that employees have to give equal opportunity to women, foreign workers, aboriginal workers, minority workers, and people with disabilities.
82
Define outsourcing
When businesses give work to other parts of the world or hiring work out to other people.
83
Define Unionize
To become a part of a labour union.
84
Define Precedent
To complete something in order of importance
85
Define Bill of Rights
Federal laws that helped judged interpret the law and how to apply the law, was deemed ineffective.
86
Define enforcement
The part of the charter that shows the application of it
87
Define unwritten constitution
Assumptions of rights and freedoms that should be given to every Canadian citizen.
88
Define the anti-terrorism act
An act put into place that did not allow Canadians with their name on the no-fly list to enter planes.
89
Define no-fly list
A list of people accused of terrorism, in 2007 these people were unable to fly.
90
Define Labour Rights
Rights that are put in action to make sure that employees have a safe and respectful workplace.
91
Rights for foreign workers
-to be paid
-to have a safe place to work
-to keep their passports and work permits
92
Define industrial revolution
In 1750 when people were changing from working on farms to working in factories and cities.
93
What impact did the Indian Act have?
-still exists in Canada
-Generational trauma
-loss of culture
-loss of importance for culture
94
When did the women's suffrage take place
1917-1918
95
What happened in 1867?
No Canadian women could vote
96
Why could women not vote?
-too emotional
-men were better
-women should stay home
-politics were for men
97
How did women gain the right to vote?
1. Serbian Nationalist killed heir and started a war
2. Canada joined Britain in the war
3. Women are left in Canada and have to supply and work to provide for the country
4. Women become very good at these jobs
5. Proving that women can have responsibilities
98
Who created Manitoba's Political Equality League?
Nellie McClung and Emily Howard
99
What did the women suffrage lead to?
-suffrage of Asian Canadians in BC
-suffrage of Indigenous
100
What the war measures act?
The act that allows governments to remove rights during wars, invasions, or anything against government.
101
What happened during the Ukrainian Internment?
-Ukrainians in Canada were considered enemies because Ukraine was against Canada
-Put these people in work camps and took away property
102
What happened during the Japanese Internment?
-Japan bombed Pearl Harbour so Canada called all Japanese people in Canada their enemies
-Detained these people and confiscated all belongings.
103
How were sentences decided before the charter?
Using common law
104
What was the bill of rights?
-Government documents that were ineffective because they were only at the federal level, they did not use the real laws, this is still effective
105
Does the Bill of Rights still exist?
Yes, but the charter addresses its flaws
106
What is the only official bilingual province?
New Brunswick
107
What is the enforcement section of the charter?
Outlines how rights and freedoms are implemented in society. Gives judicial branch power over law making and decisions in society
108
Does the charter take away power form other legal documents?
No, every legal document has the same legal importance
109
What is a notwithstanding clause?
When a provincial government can remove someone's rights for a certain period of time
110
How long can a notwithstanding clause last?
5 years
111
Why was the notwithstanding clause created?
It was the only way the provinces would sign off on the charter.
112
What rights and freedoms can be overridden?
-fundamental freedoms
-mobility rights
-legal rights
113
Why was the Lord's Day Act deemed unconstitutional?
Because it forced non-Christians to observe a Christian belief
114
What happens if you are on the no-fly list?
-you can be held back
you might have to do extra screening
115
Do you have to be convicted to be on the no-fly list?
No, only accused
116
What is the purpose of the labour code?
-limits strikes and length of them
-protects workplace Sunday
-covers vacation days and sick days
-amount of work
117
What are the labour rights?
-to know the hazards at your job site
-to keep your workplace safe
-to refuse to work if you think it is dangerous for you are co-workers
118
Does the employment equity act make you choose minorities over qualifications?
No, you have to choose the most qualified, but minorities have to have equal opportunity if they have the qualifications
119
Rights for foreign workers
-be paid for work
-have a safe place to work
-keep passports or work permits-no employer can take these to make them work longer
-to be protected from any punishment if they report any problems in labour code at their work
120
What is the job of labour unions?
-protect worker's rights
-negotiate wages and contracts
-allow strikes
121
How do unions get money?
They take a chunk of their employees earnings
122
Define labour fees
the money kept from employees to pay the union
123
Collective Identity
A shared set of values between people that bring them closer together.
124
Collective rights
Rights given to specific groups because they need specific help from the government or they have experiences injustice from the government in the past.
125
First Nations
A term that refers to the Indigenous people of Canada.
126
Indian
A old term to reference First Nations people, not used any more
127
Annuity
A certain amount of money given to First Nations peoples under treaties every year, usually very little.
128
Entrenching
Something that is very unlikely to change, usually a belief
129
Patriate
To give power to a daughter country from a mother country.
130
Indigenous
The native people of Canada
131
Metis
People of mixed European and First Nation ancestry
132
Inuit
Original people to the arctic north
133
Anglophone
An English speaking Canadian as their first language
134
Francophone
An French speaking Canadian as their first language
135
Official Language community
A group of people that have the same language, that is one of the two official languages of Canada.
136
Official language minority
A group of people or a place that speak the other official language, apart from the majority official language.
137
Inherent rights
Rights given to specific people just because they are alive and part of a specific group
138
Scrip
A piece of paper given to Metis people that they could take to receive a piece of land on “unfarmable land”.
139
Autonomy
To have the right to govern yourself
140
Royal Proclamation
A statement given to North America saying that the First Nations got the land west of the Appalachian Mountains and the British could negotiate for their land through treaties.
141
Numbered treaties
Historical agreements about rights and resources of First Nations people that are specified for a certain area of Canada.
142
Treaty 6
A numbered treaty that is located in central AB and SK.
143
Treaty 7
A numbered treaty that is located in Southern AB
144
Treaty 8
A number treaty that is located in Northern AB
145
Indian Agent
A representative on a reserve from the Canadian government.
146
Affirmed
To declare or make a speech about something
147
Collectivism
Thinking about others before yourself when making decisions
148
Collectivism
Thinking about others before yourself when making decisions
149
Publicly funded
Something that is maintained by the government with tax money
150
Separatism
Being separate from a country, becoming your own country.
151
What are collective rights?
Collective rights are rights guaranteed to specific groups in Canada for historical and constitutional reasons. They are in addition to the individual rights and freedoms laid out in the Charter of Rights & Freedoms.
152
What is required to qualify for collective rights in Canada?
To qualify, you need to be identified as a “collective.” This typically means belonging to a specific group recognized for collective rights.
153
What are the primary groups that have collective rights in Canada?
Aboriginal Groups
-First Nations
-Metis
-Inuit
Official Language Groups
-Anglophones
-Francophones
154
How are collective rights different from individual rights in Canada?
Individual rights are guaranteed to every Canadian citizen and permanent resident.
Collective rights are specific to groups (e.g., First Nations, Metis, Inuit, Anglophones, Francophones) and recognize the historical contributions of these groups to Canada.
155
What is the significance of collective rights in Canada?
Collective rights recognize the founding peoples of Canada. They acknowledge that Canada would not exist today without the contributions of Indigenous peoples, Francophones, and Anglophones.
156
Where do collective rights originate from in Canada?
Collective rights come from the roots of Aboriginal peoples, Francophones, and Anglophones in the land and history of Canada.
157
How do collective rights reflect mutual respect among peoples in Canada?
Collective rights reflect the idea of mutual respect among peoples, a value that has a long history in Canada.
158
What document outlines the collective rights of Indigenous peoples in Canada?
The United Nations Declaration on the Rights of Indigenous Peoples outlines collective rights for Indigenous peoples.
159
What legal documents recognize the collective rights of First Nations?
-Indian Act
-Treaties (both historic and modern)
160
What legal documents recognize the collective rights of the Metis?
-Manitoba Act
-Modern Treaties
161
What legal document recognizes the collective rights of the Inuit?
Modern Treaties, including the creation of Nunavut in 1999.
162
What legal documents recognize the collective rights of Anglophones and Francophones?
The Constitution, specifically the Charter of Rights and Freedoms.
163
What was the Royal Proclamation of 1763?
Issued by King George III, it recognized First Nations' rights to land and set terms for how lands in North America would be divided following the Seven Years War. It also established the legal framework for land negotiations via treaties.
164
Who made The Royal Proclamation?
King George 3
165
What was the significance of the Royal Proclamation for Aboriginal peoples?
It recognized First Nations' land rights and stipulated that land could only be taken through treaty negotiations.
166
How does Canadian policy towards Aboriginal lands differ from the American policy?
-Canadian policy respects the Royal Proclamation, requiring treaty negotiations for land acquisition.
-American policy does not follow the Proclamation, though they still attempted to offer reserves and settle land disputes peacefully.
167
What are treaties in Canada?
Treaties are legally binding agreements outlining the rights, responsibilities, and relationships of First Nations and the Government (both federal and provincial levels). They include payments, land cession, reserves, and protection of hunting, fishing, and harvesting rights.
168
What are some common provisions found in treaties?
-Payments (goods, resources, cash)
-Cession of First Nations' titles to lands
-Creation of Reserves
-Protection of rights (hunting, fishing, harvesting)
-Promises of schools, clothing, farming equipment, and supplies
169
How many numbered treaties exist in Canada?
11
170
Which numbered treaties affect Alberta?
Treaties 6, 7, and 8 affect Alberta.
Treaties 4 and 10 include small portions of Alberta.
171
What are numbered treaties?
Numbered treaties are historic agreements that affect the rights and identity of certain First Nations groups in Canada.
172
What was the Royal Proclamation of 1763?
The Royal Proclamation of 1763 recognized First Nations' rights to land and established a method for making treaties, promoting a "Nation-to-Nation" relationship through peaceful negotiations.
173
What does Section 35 of the Constitution Act affirm?
Section 35 of the Constitution Act affirms the collective rights of First Nations in Canada.
174
What does the Indian Act of 1876 refer to?
The Indian Act of 1876 outlines the governance and terms of treaties, including how First Nations would live on reserves and the benefits they would receive.
175
What were the general terms of treaties for First Nations?
-Reserves for traditional lifestyle
-2.5 km² per family, 600 m² per person
-Annuities: $12 at signing, $5 per year afterward
-Chiefs received $32 at signing, $25 per year afterward
-Right to education, farming, hunting, fishing supplies
176
How much land were families given?
2.5km squared
177
What were some challenges First Nations faced when signing treaties?
-Disappearance of the buffalo
-End of the fur trade
-Pressures from European settlement
-European diseases
-Often signed treaties without fully understanding them
178
What was the First Nations' perspective on land ownership in treaties?
First Nations did not recognize ownership of land in the European sense. They believed they were agreeing to share the land and resources equally, not give up ownership.
179
How did the Canadian government view treaties?
The Canadian government wanted to acquire land, expand westward, and bring in more settlers. They believed that First Nations had given up ownership of their land, which could be purchased or traded.
180
What is unique about the way each treaty was created in Canada?
Not all treaties are the same. Each treaty was created independently, with specific provisions tailored to the needs and agreements of each group. Some treaties had provisions others did not.
181
What were the key details of Treaty 6?
Signed between 1876-1889
Affected Plains and Wood Cree in Alberta and Saskatchewan
Promised medical care due to smallpox and disappearing buffalo
Established medicine chest for famine and disease assistance
Many Cree leaders, like Poundmaker and Big Bear, were initially opposed but signed due to the crisis facing their people.
182
What were the key details of Treaty 7?
Signed in 1877
Affected the Blackfoot Confederacy in Southern Alberta
Treaty helped build the railroad, connected to British Columbia, and kept out Americans
Chiefs cooperated because they were suffering from starvation, disease, and issues with American whiskey traders.
183
What were the key details of Treaty 8?
Signed in 1899
Affected Cree, Beaver, and Chipewyan nations in parts of Alberta, BC, Saskatchewan, and the Northwest Territories
The largest treaty, covering 840,000 km² of land, signed by 39 First Nations
Promised food, medical care, and hunting/fishing rights
Addressed starvation issues and took care of the old and poor
No interference with First Nations' way of life.
184
When was the Royal Proclamation issued?
1763
185
When was the Constitution Act, Section 35, enacted, affirming collective rights of First Nations?
1982
186
When was the Indian Act passed?
1876
187
When was Treaty 6 signed?
1876-1889
188
When was Treaty 7 signed?
1877
189
When was Treaty 8 signed?
1899
190
What did Indigenous peoples form before European colonization?
Complex social, political, economic, and cultural systems.
191
What was the impact of European colonization on Indigenous peoples?
European colonization introduced cultural values, religions, and laws that did not benefit Indigenous peoples and led to land seizures and exploitation of resources.
192
How were the early trade relationships between Indigenous peoples and Europeans?
Initially, trade was mutually beneficial, with Indigenous peoples sharing knowledge and expertise, and Europeans offering goods like guns, horses, metal knives, and kettles.
193
How did European worldviews differ from Indigenous worldviews?
-Europeans valued individualism, competition, and exploitation of natural resources for personal gain.
-Indigenous peoples valued collectivism, gender equality, and respect for all living things as having spirits.
194
What caused the significant population decline among Indigenous peoples after European contact?
-Epidemic diseases (smallpox, influenza, etc.)
-Atrocities (violence, wars)
-Warfare and forced migration.
195
What was the impact of the Seven Years War (1755-1763) on Indigenous peoples?
Indigenous peoples fought alongside both the French and British, but after the war, Britain gained control of Quebec and Montreal, and took control of North America.
196
What did the Treaty of Paris (1763) achieve?
It officially ended the Seven Years War, with France conceding its North American territories to Britain, giving Britain control of resources and land.
197
What did the Royal Proclamation of 1763 do?
-Guaranteed certain rights and protections for First Nations.
-Established processes for how land could be acquired from First Nations.
198
When was the Indian Act created, and what did it do?
The Indian Act was created in 1876. It gave the federal government authority over Indigenous peoples and lands and aimed to assimilate them into non-Indigenous societies.
199
What did the Indian Act allow the government to do?
It gave the government control over Indigenous identity, culture, education, political structure, and the governance of Indian reserves.
200
What were some restrictions imposed on Indigenous peoples under the Indian Act?
-Restricted mobility (couldn't leave reserves).
-Banned traditional ceremonies and clothing.
-Forced participation in residential schools.
-Limited political rights (couldn’t vote without giving up status).
201
What was the status of women and children under the Indian Act before 1985?
-A woman lost status if she married a non-status man.
-A child with a non-status father or born out of wedlock could also lose status.
202
What did the Indian Act aim to do in terms of assimilation?
It aimed to generalize First Nations peoples, ban spiritual practices, and restrict rights, viewing them as needing guidance from the government.
203
What is the Indian Act’s role today?
The Indian Act still defines Status Indians, governs reserves, and acknowledges the federal government’s unique relationship with Indigenous peoples.
204
When did residential schools begin operating in Canada?
From the 1870s until the late 1990s.
205
What was the purpose of residential schools?
To assimilate Indigenous children by forbidding them to practice their culture or speak their language, while providing academic and religious education.
206
What were some harsh methods used at residential schools?
-Isolation, flogging, humiliation, and hunger.
-Children were forbidden to speak their language and disciplined harshly.
207
When did the Canadian government formally apologize for residential schools?
The government, led by Stephen Harper, apologized in 2008, with Justin Trudeau offering additional apologies in 2015, 2017, and 2022.
208
What is the Truth and Reconciliation Commission (TRC)?
The TRC was a commission that issued 94 Calls to Action to address the legacy of residential schools and promote Canadian reconciliation.
209
What are some legacies of residential schools?
-Loss of language and culture
-Generational trauma
-Alcoholism, violence, and high rates of self-harm
-Mistrust of government institutions.
210
What are Indian Reservations?
Lands controlled by the government where Indigenous peoples live, often with limited resources, poor land quality, and no access to loans or business development.
211
What was the White Paper (1969)?
A proposal to eliminate special legal status for First Nations and dismantle the Indian Act, which was strongly opposed by Indigenous peoples.
212
What was the Red Paper (1969)?
The Indigenous response to the White Paper, which became the standard statement of opposition, emphasizing that the White Paper ignored Indigenous rights and culture.
213
What is Bill C-61 (First Nations Governance Act)?
A proposed law to replace the Indian Act, but it was rejected due to insufficient consultation with Indigenous leaders and lack of recognition of their rights to self-govern.
214
What does Section 35 of the Constitution Act (1982) do?
It recognizes and affirms the existing Aboriginal and Treaty rights of First Nations, Inuit, and Métis peoples in Canada.
215
What issues do Indigenous peoples still face today?
Aboriginal rights
Treaty rights
Poor conditions on reserves
Environmental destruction
Health care and education disparities
The legacy of residential schools.
216
What is Idle No More?
An activist group started by Indigenous women, staging protests to advocate for sovereignty, respect for treaties, and environmental protection.
217
Who are considered part of Canada’s founding peoples?
The Metis are considered part of Canada’s founding peoples.
218
Why do the Metis not have historical treaties like other Indigenous peoples?
The Metis do not have historical treaties, such as the Numbered Treaties, because their history and relationship with the government are distinct.
219
What legal status do the Metis hold under Section 35 of the Canadian Constitution?
The Metis are recognized as an Aboriginal People under Section 35 of the Constitution.
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What is the Metis view on land rights?
The Metis consider rights to land and rights to use the land in traditional ways as inherent rights, tied to their identity as Indigenous Peoples.
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What is an "inherent right"?
An inherent right is something that you are entitled to simply because you exist, and it cannot be taken away or given up.
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What is the ethnic and cultural origin of the Metis people?
The Metis are descendants of marriages between Cree, Inuit, Ojibway, Algonquin, Saulteaux, and Menominee aboriginals and Europeans (predominantly French).
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What regions constitute Metis traditional territory?
The Metis traditional territory includes British Columbia, Alberta, Saskatchewan, Ontario, Manitoba, Northwest Territories, and parts of the United States (Montana, North Dakota, Northwest Minnesota).
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What is the language spoken by the Metis people?
The Metis speak Michif, a combination of Cree, French, and English.
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What was the result of the Red River Resistance (1869-1870)?
The Red River Resistance led to the creation of Manitoba via the Manitoba Act, establishing a bilingual province with education rights for Catholics and Protestants, and granting the Metis 500,000 hectares of land.
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What cultural practices are associated with the Metis people?
The Metis maintain traditional spiritual beliefs and cultural practices, such as jigging, which combines Scottish and French dancing with the Cree Chicken Dance.
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What were the main concerns of the Metis in the Manitoba Act?
The Metis were concerned about land rights, education rights for both Catholics and Protestants, and the establishment of their community within Canada.
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What was the Metis Rebellion of 1875-1879 about?
The Metis Rebellion was a response to the government offering scrip instead of land settlements, with the Metis rejecting the offer and fighting to protect their land rights.
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What was the government's view on Metis land rights during this period?
The government viewed the Metis as not having the same land rights as other First Nations peoples.
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What led to the North-West Resistance of 1885?
The Metis led the North-West Resistance to protect their land in Saskatchewan as settlers and the Canadian Pacific Railway moved westward.
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What happened to Louis Riel and his supporters after the North-West Resistance?
Louis Riel and many of his supporters were captured, and Riel was executed by hanging on November 6, 1885, in Regina.
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How did the Metis view Louis Riel?
Despite his resistance, many view Riel as a “Father of Confederation,” especially within the Francophone community.
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What did the Metis Population Betterment Act of 1938 provide for the Metis?
The Act established 12 temporary settlements for the Metis, marking the first time the Canadian government provided land to Metis people.
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What were the issues with the Metis settlements established by the 1938 Act?
The settlements were temporary, and the Metis did not control the land or govern themselves. Many of the settlements were deemed unsuitable and returned to the government.
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What was the significance of the 1982 Constitution for the Metis?
The Metis successfully lobbied for inclusion in Canada’s Constitution under Section 35, which recognized them as a distinct people and guaranteed their collective rights.
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What change occurred in Alberta in 1989 regarding Metis land rights?
The Metis Settlement Act of 1989 authorized the transfer of land to the Metis and allowed them to create local governments, granting them self-governance.
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What did the Supreme Court rule in 2003 regarding Metis rights?
The Supreme Court ruled that the Metis have the right to hunt and fish as one of Canada’s Aboriginal People, recognizing these rights as inherent.
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What legal issue arose in Alberta in 2007 regarding Metis rights?
Alberta’s government introduced rules restricting Metis rights to hunt and fish without consulting or agreeing with the Metis, an issue that is still unresolved.
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What legal victory did the Metis achieve in 2013 regarding the Manitoba Act?
In 2013, the Supreme Court ruled in favor of the Metis, stating that the federal government had failed to provide land promised to them in the Manitoba Act over 140 years ago.
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What is the current status of the Metis in Canada as of 2016?
The Metis are winning legal battles to gain recognition and privileges similar to those of Status Indians living on reserves, which could affect 450,000 Metis in Canada.
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What could changes to Metis "status" mean for the Canadian government?
If the Metis are recognized with "status," the federal government could be financially responsible for providing benefits to the Metis people, though the exact implications remain unclear.
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What rights do both Francophones and Anglophones have in Canada?
Both Francophones and Anglophones have collective rights as part of the Canadian Constitution, as they are considered founding peoples of Canada, alongside First Nations.
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What does it mean to be an "Anglophone" in Canada?
An Anglophone is a person whose first language is English.
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What does it mean to be a "Francophone" in Canada?
A Francophone is a person whose first language is French.
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What is an "Official Language Minority"?
An Official Language Minority is a group that speaks one of Canada's two official languages but does not make up the majority in that province or territory.
Example: In Alberta, the Official Language Minority group would be French. In Quebec, it would be English.
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What did the British North America Act of 1867 establish regarding language?
The British North America Act of 1867 established Canada as bicultural and bilingual, making both French and English official languages of Parliament and guaranteeing public schools for both Catholic French speakers and Protestant English speakers.
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What was the purpose of bilingualism under the British North America Act?
The integration of both languages helped make Confederation successful, ensuring French and English were used in government and establishing bilingual public schools for French and English communities.
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What does Section 16-20 of the Canadian Charter of Rights and Freedoms state?
Sections 16-20 of the Charter establish French and English as official languages of Canada and guarantee the right of Canadian citizens to conduct their affairs with the federal government in either official language.
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Which province is the only officially bilingual province in Canada?
New Brunswick is the only officially bilingual province in Canada.
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What does the Charter require of the federal and provincial governments regarding bilingualism?
Canada and New Brunswick must legally:
-Allow both English and French in government.
-Publish laws and government documents in both languages.
-Provide services at the federal and provincial level in both languages.
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What did Section 23 of the Charter of Rights and Freedoms address?
Section 23 ensures minority language educational rights, allowing French-speaking Canadians outside Quebec and English-speaking Canadians in Quebec to have access to publicly funded schools in their language community.
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What does "publicly funded" mean in the context of minority language education?
Publicly funded means the schools are funded by the government and paid for through taxes.
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What milestone in education did Francophone communities in Alberta achieve?
Francophone communities in Alberta lobbied for their educational rights, and in 1984, Alberta opened its first two publicly funded Francophone schools. By 1990, the Supreme Court affirmed the right to Francophone school boards.
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How many publicly funded Francophone schools and school boards exist in Alberta today?
As of today, there are 26 publicly funded Francophone schools and 7 Francophone school boards in Alberta.
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Why are minority rights important in Canada?
Minority rights are essential for protecting the identity and culture of minority groups, allowing Canada to remain a fair and tolerant democracy, and ensuring equal recognition of French and English as integral parts of Canada's history.
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How are language rights divided in the Canadian Charter of Rights and Freedoms?
The Charter divides language rights into two sections:
-Official Languages of Canada.
-Minority Language Education Rights.
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Which sections of the Charter relate to language rights?
Sections 16-23 of the Canadian Charter of Rights and Freedoms relate to language rights.
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What does Section 16 of the Charter state about official languages?
Section 16 declares that English and French are the official languages of Canada, with equal status and rights in all institutions of Parliament and Government of Canada.
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What does Section 17 of the Charter guarantee?
Section 17 guarantees that everyone has the right to use English or French in debates or proceedings of Parliament.
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What is the significance of Section 18 of the Charter?
Section 18 states that the statutes, records, and journals of Parliament must be published in both English and French, and both language versions carry equal authority.
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What does Section 19 of the Charter guarantee regarding courts?
Section 19 guarantees that anyone can use either English or French in any court established by Parliament, including pleadings and processes.
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What rights does Section 20 of the Charter establish for citizens?
Section 20 gives the public the right to communicate with, and receive services from, any central office of a federal institution in either English or French, provided there is significant demand or it is reasonable for that office to offer services in both languages.
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Q: What does Section 23 of the Charter ensure for minority language education?
Section 23 ensures the right to minority language education for French-speaking Canadians outside Quebec and English-speaking Canadians within Quebec, provided there are enough children to support the school.
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What was the impact of Bill 22 (1974) in Quebec?
Bill 22 made French the only official language of the province of Quebec.
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What was the purpose of Bill 101, the Charter of the French Language?
Bill 101 aimed to protect and promote the French language within Quebec, making French the language of government, work, education, and business in the province.
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Why was Bill 101 introduced in Quebec?
Bill 101 was introduced to address concerns over the dominance of English in Quebec, particularly in Montreal, and to protect the French language and identity amid growing Anglophone influence.
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What did the Supreme Court decide about commercial signs under Bill 101?
The Supreme Court ruled that commercial signs could require French, but could not prohibit English, and that French may have to be more prominent than English.
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What was the role of French "nationalism" in the creation of Bill 101?
French nationalism grew in response to the increasing use of English in business and daily life in Quebec, especially in Montreal, and the desire to protect French as the province's identity and official language.
