Final Review

Question 1

Which duty to consult case was the first case to go all the way to the Supreme Court of Canada?

Answer 1

Haida Nation vs. B.C. Government

Question 2

Which duty to consult case was the first one that went all the way to the BC Court of Appeals?

Answer 2

Halfway River First Nation vs. B.C.

Question 3

Due to duty to consult rulings, the onus to consult is on the project initiator and not the government.

Answer 3

False

Question 4

Due to duty to consult rulings, there is always an obligation to reach an agreement.

Answer 4

False

Question 5

Who was Rupert’s Land granted to?

Answer 5

The Hudson Bay Company

Question 6

Aboriginal Rights are those rights which people have due to what?

Answer 6

Statute 35 of the Constitution

Question 7

What treaty was concluded in Fort Qu’Appelle, and involved the Cree and Salteaux Indians of south easter Saskatchewan?

Answer 7

Treaty 4

Question 8

What Treaty was concluded in 1906 with the Cree and Chipewayan Indians of north-western Saskatchewan

Answer 8

Treaty 10

Question 9

The question of what each party truly meant during the Treaty negotiations arose almost immediately. This uncertainty has been attributed to all except: (false answer)

Answer 9

Couldn’t get Aboriginals and British in one location at one time due to their warring nature

Question 10

Which four Treaties are the most prominent in Saskatchewan?

Answer 10

Treaties 4,6,8 and 10

Question 11

Which province was not a province in 1867 under the British North America Act?

Answer 11

Prince Edward Island

Question 12

The numbered Canadian Treaties concluded within which 50 year period in history?

Answer 12

1871 – 1921

Question 13

What word means completely free from constitutional or other restraint or limitation.

Answer 13

Absolute

Question 14

What word refers to rights that cannot be surrendered, sold or transferred to someone else, especially a natural right such as the right to own property, non-transferable.

Answer 14

Inalienable

Question 15

Which one of these were not a promise to those Aboriginals signing a land Treaty?

Answer 15

Buffalo populations to return to normal

Question 16

The Inuit were actually the first peoples to sign Treaties, even before Canada became a country.

Answer 16

False

Question 17

Metis and Status Indian mean the same thing and may be used interchangeably.

Answer 17

False

Question 18

Saskatchewan is actually a part of the Metis homeland.

Answer 18

True

Question 19

Before Bill C-31 was enacted, a native man that married a non-Indian woman would lose his status

Answer 19

False

Question 20

At one time, Metis people were known as “Half-breeds”.

Answer 20

True

Question 21

The number of Inuit people in Saskatchewan is about equal to the number of Registered Indians in Saskatchewan.

Answer 21

False

Question 22

The “Metis Homeland” includes a part of or all of these locations except:
a) Northern States such as North Dakota, Minnesota, etc.
b) Southern portion of the NWT
c) Eastern British Columbia
d) The three prairie provinces
e) Eastern and Northern Quebec

Answer 22

Eastern and Northern Quebec

Question 23

The Inuit are known to live at all of these locations except:
a) Western British Columbia
b) Northern Labrador
c) Nunavut
d) North-West Territories
e) Northern parts of Quebec

Answer 23

Western British Columbia

Question 24

The area of land in West Central North America used and occupied as the Traditional territory of the Metis or Half-Breeds (as they were known):

Answer 24

Prince Rupert’s Land

Question 25

In 1876, the Government of Canada arbitrarily passed this act. Imposing several oppressive restrictions on First Nations peoples.

Answer 25

The British North America Act

Question 26

Certain provisions of the above-noted statute (question 14) terminated status of Indians in
various circumstances, including all except:
a) Marriage of an Indian woman to a non-Indian
b) Failure to practice laws and customs of Indians
c) Educational achievement
d) Military service
e) Voluntary enfranchisement

Answer 26

Military service

Question 27

What Bill returned entitlement of “Indian” Status to women who had previously lost their status through marriage to non-Indians

Answer 27

Bill C-31

Question 28

Which two Treaties have the “Least” land in Saskatchewan?

Answer 28

2 and 5

Question 29

An Indian person who is not registered as an Indian under the Indian Act

Answer 29

Non-status Indian

Question 30

Who among the Aboriginal peoples of Saskatchewan may use resources under Treaty and Natural Resources Transfer Agreement rights throughout the province?

Answer 30

A person who is registered or entitled to be registered as an Indian under the Indian Act

Question 31

All that is needed to appeal a court decision is the fact that the Defendant don’t like the decision handed down by the courts.

Answer 31

False

Question 32

A person of mixed Aboriginal and European ancestry resides permanently in Regina, where he was born and raised. He may angle without a license on Candle Lake provided he is fishing for food.

Answer 32

False

Question 33

The Powley case took almost 6 months to get through all the courts.

Answer 33

False

Question 34

Metis does not include all individuals with mixed Indian and European heritage but refers to distinctive peoples with a distinct culture.

Answer 34

True

Question 35

What is the only way to get a case to be heard by the Supreme Court of Canada?

Answer 35

The consequence is of interest to all Canadians

Question 36

As a consequence of this case trial, the “triangle” of the fixed communities of Ile la Crosse, Green Lake and Lac la Biche were established

Answer 36

Laviolette

Question 37

In the case, R. vs. Grumbo, the defendant Grumbo won his has because he was Treaty Indian

Answer 37

False

Question 38

The R. vs. Morin and Daigneault case was tried in a Saskatchewan court

Answer 38

True

Question 39

The Grumbo case was tried before the Powley case was resolved

Answer 39

True

Question 40

The Grumbo case went all the way to the Supreme Court of Canada

Answer 40

False

Question 41

As a consequence of the R. vs. Grumbo case, there was a 2 year period in Saskatchewan’s history where Metis could hunt the same as Indians

Answer 41

True

Question 42

The relevant time period for determining “existing Aboriginal rights” for the Metis is post contact but pre-control

Answer 42

False

Question 43

Which two defendants did not win their cases

Answer 43

Blais and Grumbo

Question 44

Where did the Powley case take place

Answer 44

Ontario

Question 45

What is not a must for Metis hunting rights under the Northern Administration District (NAD) boundary?

Answer 45

Must be at least 1/8 blood relation to Metis in the community

Question 46

As a consequence of these two cases, the NAD boundary was identified and defined

Answer 46

Morin and Daigneault

Question 47

When discussing consultation with First Nations and Government, the Third Party is usually considered the _______________________ for the project under discussion.

Answer 47

Proponent

Question 48

This is the most significant case on Metis resource rights to date. In this 2003 decision, the Supreme Court of Canada established a test or set of guidelines to determine harvesting rights of Metis people

Answer 48

Powley

Question 49

In this 2003 Supreme Court of Canada decision, the court ruled that Metis are not “Indians” for the purpose of paragraph 13 of the Manitoba NRTA:

Answer 49

Blais

Question 50

Identify the “True” statement from the list below:
Both Canada and the United States had the same approaches of obtaining lands from Aboriginal peoples

a) Oral traditions are best described as story telling which is based on fantastical and mythical legends of the Aboriginal people.

b) When doubt arises, Treaty right questions will normally be liberally interpreted in favour of the Indians and in recognition of all appropriate historical circumstances.

c) Each Treaty contained a clause that confirmed an absolute , unconditional right

d) The numbered Treaties could be described as “Peace Treaties” bringing an end to hostilities between the Government of Canada and the Aboriginal people.

Answer 50

When doubt arises, Treaty right questions will normally be liberally interpreted in favour of the Indians and in recognition of all appropriate historical circumstances.