Collective Rights (C4) Flashcards
Affirm
To validate and express commitment to something (strong approval)
Assimilation
The process where a person joins a part of a new culture while the old culture is reduced (Textbook: no negative definition), usually by force
Entrench
Establish deeply so that change is difficult
Indian Act
A federal law established in 1876 to establish First Nations rights and status but also to assimilate them and evict them from “Canadian” living territory (reserves)
Reserves
Land given to First Nations by the govt (cannot leave reserve border due to Indian Agent) for their exclusive use
Indian Agent
“Manager” of reserves, government official who limited First Nations autonomy (Also was put in job without consulting First Nations)
Collective Identity
The shared identity of a group of people, usually because of shared culture and language
Collective Rights
Rights guaranteed to specific groups in Canada (the founding ones) for historical and constitutional reasons
Which groups have collective rights?
First Nations, Metis, Inuit, Francophones, Anglophones
Ethnocentrism
The belief that one culture is superior to all others
How are collective rights different from individual rights?
Collective rights are for a whole group with shared collective identity, language and culture while individual rights only for individual
Which legislation provides relation to the collective rights of Anglophones and Francophones?
Canada’s Constitution
What legislation provides relation to the collective rights of First Nations?
- Indian Act
- Historic and Modern Treaties (Numbered Treaties+Modern agreements)
- Canada’s Constitution
What legislation provides relation to the collective rights of the Metis?
- Manitoba Act
- Canada’s Constitution
- Modern Treaties
What legislation provides relation to the collective rights of the Inuit?
- Modern Treaties
- Canada’s Constitution
What does “First Nations” mean?
The umbrella term for the diverse Aboriginal peoples (who have collective rights in Constitution). Referred to as “Indians” in historic times
What does “Indian” mean?
European description of First Nations (although they have their own names)
Sovereignty
Independence as a people with the right to self-government
What are the Numbered Treaties?
Numbered agreements between govt and First Nations regarding annuities, reserves, education, etc. (Different for. each Treaty); Sacred to First Nations, cannot be made without change
Where did the Numbered Treaties come from?
Royal Proclamation 1763, recognized First Nations rights to land, established principle of peaceful negotiation (treaties) (Many different treaties for different parts of Canada)
When and why was the Royal Proclamation established?
1763, to officially gain control over colonized land that France had
Who classifies as an Anglophone/Francophone?
Anyone who speaks English/French and it is their first language
What is a scrip?
A document given to Metis which could be exchanged for land
What is an annuity?
An annual payment to First Nations by govt, mostly symbolic, (e.g $5.00/year)
Treaty
An official agreement (ratified) between countries
Why did Canada and the First Nations sign the Numbered Treaties?
- To prevent war
- Build railway
- First Nations wanted to secure their future (e.g. no more buffalo or fur trade, diseases)
- Royal Proclamation had effects
Did all First Nations sign the Treaties?
No, but most
Perspective vs point of view
Perspective is POV shared by a group while POV is individual
Why do First Nations disagree with the govt now?
- Govt thinks treaty says “give up land” while First Nations think “share”
- ## Oral translators may have bloated the good and hidden the bad while govt has written agreement
Primary vs Secondary sources
Primary is done by someone who was actually at the event while secondary is done by someone who wasn’t and usually an interpretation
When was Treaty 6?
1876
How do the perspectives of the Canadian government and the First Nations differ on the Treaties?
Govt: Somewhat ethnocentric, sometimes willing to compromise, views treaties as legal agreement where ratified clauses are specifically and individually analyzed to debate
First Nations: Treaty is a sacred, friendly agreement where the core idea is not a legal document but the idea of sharing and compromise
How do modern agreements also contribute to collective rights?
Give land, autonomy, special rights (hunting, fishing, gathering, etc.), etc.
How has the views of the govt changed over time?
Before: Ethnocentric, forced assimilation
Now: Compromise, more autonomy, gives more rights and land (gradually), apologizes
Patriate
To bring something to a country that belongs to that country
When was Canada’s Constitution patriated?
1982
What did the Indian Act do?
1876 (Without consulting F.N. and had ethnocentrism, aimed to assimilate).
- First Nations had to obtain govt permission to wear traditional clothing
- First Nations ceremonies banned
- Blocked First Nations political action
- Defines a status Indian
- Pressured to revision many times
- Still here today
- Gave reserves and annuities
Why did the First Nations reject the govt’s replacement of the Indian Act (Bill C-61 First Nations Governance Act) in 2002?
- Did not consult enough
- Did not recognize First Nations as true nations
- ## Did not give them political autonomy
Why is analyzing historical context important?
To understand how something came to be and different perspectives on it
What is an official language community?
One of the groups in Canadian society whose members speak an official language as their first language (English or French)
What is an official language minority?
A group whose members speak one of Canada’s official languages (English/French) and that does not make up the majority population of a province/territory (Relative to each province, e.g. Francophones not minority in Quebec but minority in Alberta)
Francophone school vs French Immersion
- Francophone school: First language French, teach French
- French Immersion: First language not French but teach French (DIFFERENT FROM JUST A FRENCH LANGUAGE PROGRAM, IT TEACHES CORE SUBJECTS IN FRENCH AS WELL)
What is the word for how Francophone schools help the identity of French students and their families/communities?
Affirm
Publicly Funded
Paid for by taxes and funded by the govt
Official Bilingualism
Canada has both English and French as official languages (Conduct affairs in govt with either/both)
What are Minority Language Education Rights?
A French/English speaking minority of a certain size (regionally/provincially) has the right to publicly funded schools that serve their community
Which two provinces/territories are officially bilingual?
Yukon + New Brunswick
List the timeline of the Rights of Francophones and which two excluding 1982 most relate to provisional federal services for official language minorities?
1608: First French settlements in Canada (New France)
1774: Quebec Act passed by British, recognizing Francophones language + identity
1867: BNA Act recognizes Canada as a bicultural and bilingual nation
1969: Official Language act reasserts that E/F equality as official languages
1982: Charter made, establishes Minority Language Educational Rights
- 1867&1969, 1774 and 1608 don’t have Anglophone
Where did the Charter rights of official language groups come from, and how was Confederation questionable?
Confederation (English/French alliance for independence); Alberta+Manitoba were made English-only, Manitoba Catholic schools lost public funding after Louis Riel in Manitoba Schools Act
How did the Charter improve Francophone educational rights?
- Made more Francophone schools (all publicly funded)
- Allowed Francophone parents onto Francophone school boards
- Preserves culture
When was Bill 101 established and what is it, why is it so controversial?
- 1977, a provincial law;
- Before Charter: All formal affairs and commercial signs in French (Quebec), Francophones and Quebec immigrants must go to Francophone schools
- After Charter (Equality Rights+Freedom of expression challenge): Cannot prohibit use of English on signs, keep French req.; Francophones in Quebec no change, immigrants must prove Anglophone experience
Why was Bill 101 created?
Quebec govt wanted to affirm French identity and language
Inherent Rights
Rights with origins in fundamental justice
Who are the Metis people?
- Descendants of people who had both European and F.N. ancestry
- One of Canada’s Aboriginal peoples
- Views rights to use and own land in traditional ways as inherent rights
What was the result of the Northwest Rebellion in 1885 by Louis Riel?
Seen as public defiance, gained some public recognition (land, scrip, economic support) but also some “punishment” in different forms (e.g. Metis left Manitoba to SK and AB, Louis Riel hanged, MSA replaced MA shortly after)
What was the Manitoba Act?
Established Manitoba as a bilingual province in Confederation (Shortly, back - to unilingual after Manitoba Schools Act), with language education rights and Metis land rights
Metis Timeline in Alberta
- 1938: Metis Population Betterment Act gives Metis first official settlement lands (temporary)
- 1940-1960s: Temporary, if land bad the govt took it back
- 1982: Recognition of Metis and Metis rights in Charter/Constitution
- 1990: Metis able to participate in resource development (permanent settlements)
- 2006: Metis launched case for land not given in Manitoba Act
- 2003-2007: Metis given rights to hunt and fish without license but quickly restricted in 2007 due to controversy
