Module 11 Flashcards

1
Q

What significant change occurred in the Indigenous/State relationship after the 1969 White Paper?

A

The relationship changed dramatically from the proposed policy of terminating the Indian Act, reserves, and Treaties to the signing of the James Bay and Northern Quebec Agreement in 1975.

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2
Q

When did the road to self-government for Indigenous peoples effectively begin?

A

The road to self-government began with the initial Constitutional talks in the late 1970s.

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3
Q

What does self-government refer to according to Professor Michael Asch?

A

Self-government refers to the ability of a group to govern its own lands and the people on them without having to seek permission from others.

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4
Q

What was the Dene Declaration released in 1975?

A

The Dene Declaration called for recognition of Dene self-determination.

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5
Q

What was the purpose of the Nunavut Proposal submitted in 1976?

A

The Nunavut Proposal called for the establishment of a separate territory for the Inuit of eastern Northwest Territories.

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6
Q

What was the outcome of the First Ministers’ Conference in 1980 regarding Indigenous participation?

A

Indigenous leaders were invited as observers and could not participate in discussions involving Indigenous issues.

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7
Q

What significant sections were planned to be inserted into the newly patriated Constitution?

A

Sections to protect Aboriginal Rights and to establish meetings to deal with Aboriginal Rights.

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8
Q

What happened to the references to Aboriginal people when the Constitution was announced in November 1982?

A

All references to Aboriginal people had been removed.

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9
Q

What does Section 35 of the Constitution Act, 1982 recognize?

A

Section 35 recognizes and affirms the existing aboriginal and treaty rights of the aboriginal peoples of Canada.

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10
Q

What were the main recommendations of the Penner Report (1983)?

A
  • Recognize the Aboriginal Right to self-government
  • Entrench self-government in the Constitution
  • Form a distinct order of government for Indigenous people
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11
Q

What was the response of the federal government to the Penner Report?

A

The government indicated acceptance of the report’s general thrust but failed to entrench self-government in the Constitution.

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12
Q

What was the significance of the Neilsen Report (1986)?

A

The Neilsen Report highlighted Aboriginal socio-economic deprivation and suggested that Ottawa did not have to bear sole responsibility for Aboriginal Affairs.

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13
Q

What was a major criticism of the Neilsen Report from Indigenous leaders?

A

Indigenous leaders criticized the report for attempting to offload federal responsibilities to the provinces.

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14
Q

What was the purpose of the Meech Lake Accord (1987)?

A

The Meech Lake Accord aimed to persuade Quebec to sign the Constitution.

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15
Q

How did Indigenous leaders view the Meech Lake Accord?

A

Indigenous leaders felt it ignored their agenda and did not resolve their recognized right to self-government.

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16
Q

What was the outcome of Elijah Harper’s vote in the Manitoba legislature regarding the Meech Lake Accord?

A

Elijah Harper’s ‘no’ vote effectively killed the Accord.

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17
Q

What did the Charlottetown Accord (1992) propose regarding Aboriginal governance?

A

The Charlottetown Accord proposed recognizing Aboriginal government as a third order of government in Canada.

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18
Q

What was a significant reason for the failure of the Charlottetown Accord?

A

Lack of support from the general public in a national referendum.

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19
Q

What was the Community-Based Self-Government (CBSG) policy adopted in 1986?

A

The CBSG policy allowed communities to negotiate self-government agreements to replace outdated Indian Act provisions.

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20
Q

What was a key criticism of the CBSG policy from First Nations leaders?

A

They critiqued that self-governing authority under CBSG was considered ‘delegated’ instead of based on inherent rights.

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21
Q

What does CBSG stand for?

A

Crown-First Nations Governance Framework

CBSG allowed communities to negotiate self-government agreements to replace outdated Indian Act provisions

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22
Q

What was a key criticism of the CBSG by First Nations leaders?

A

Self-governing authority was considered ‘delegated’ instead of based on inherent rights

This criticism contributed to the cancellation of the CBSG in 1993

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23
Q

What policy was implemented by Jean Chrétien’s Liberal government in 1995?

A

Inherent Right to Self-Government Policy

This policy recognized Indigenous peoples’ inherent right to self-government but lacked constitutional protection

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24
Q

What are Comprehensive Claims agreements?

A

Modern treaties allowing for negotiation of self-government agreements separately from land claims

Since 2000, these treaties include provisions for self-government

25
What is a significant feature of the Nisga’a treaty of 2000?
It included provisions for a municipal style of government ## Footnote Additional areas of governance integral to Nisga’a culture were also incorporated
26
Fill in the blank: The Westbank First Nations Self-government agreement of 2004 is an example of a _______.
stand-alone self-government agreement ## Footnote This agreement occurred without a modern land claim
27
What is the purpose of sectoral agreements?
To negotiate jurisdiction over specific areas ## Footnote An example is the Anishinabek Nation Education Agreement of 2017
28
What did the Indigenous Rights, Recognition, and Implementation Framework aim to create?
Policies and legislation for a 'nation to nation' relationship ## Footnote Announced by Justin Trudeau in 2018, it focused on recognizing Indigenous rights
29
True or False: The 1995 Inherent Right to Self-Government Policy provides constitutional protection.
False ## Footnote It is a policy that can be changed at any time and does not offer constitutional protection
30
What historical event is associated with the Métis resistance of 1885?
Battle of Batoche ## Footnote This event was pivotal in Métis history and led to the execution of Louis Riel
31
What were Road Allowance Communities?
Makeshift Métis settlements on Crown land ## Footnote Considered 'squatters' by the government, these communities faced significant hardship
32
What health crisis did the Métis experience due to extreme poverty?
Higher rates of tuberculosis and trachoma ## Footnote These health issues were exacerbated by poor living conditions
33
What was the outcome of the Powley case in 2003?
Affirmation of Métis Aboriginal rights by the Supreme Court ## Footnote The case clarified that Métis rights are based on historical communities and kinship
34
What was the purpose of the Métis Nation of Saskatchewan?
To represent the political, socio-economic, cultural, and educational interests of Métis citizens ## Footnote It was incorporated in 2000 and focuses on land rights, self-governance, and cultural heritage
35
Fill in the blank: The official definition of a Métis person includes self-identification, historic Métis Nation ancestry, and acceptance by the _______.
Métis Nation ## Footnote This definition is used by the Métis Nation of Saskatchewan
36
What does the term 'wahkootowin' refer to in Métis philosophy?
Principles of good relationships with all of creation ## Footnote This philosophy is adapted from Cree relatives
37
What was a major consequence of the Scrip system for the Métis?
Displacement from their land base ## Footnote The Scrip system often benefited land speculators rather than the Métis community
38
What type of governance does the Métis Nation of Saskatchewan represent?
A representative system based on regions and locals ## Footnote It comprises 12 regions and approximately 130 locals
39
What did the 1936 government report conclude about the Métis in Alberta?
Poverty and poor health were due to landlessness ## Footnote This report highlighted the inability of Métis to compete for resources
40
What was clarified regarding Métis Aboriginal rights?
Métis Aboriginal rights were not tied to a historical connection to a particular Métis community, but rather to historic communities based on history, kinship, and shared practices.
41
What did Section 35 of the patriated constitution in 1982 do for the Métis?
Included the Métis under the legal category of 'Aboriginal' and protected Aboriginal rights.
42
What was the outcome of the MMF v. Canada case in 2013?
The Supreme Court ruled that the federal government had failed in its constitutional obligation to protect Métis interests in the 1870s allocation of Manitoba lands.
43
What did the Supreme Court ruling in Daniels v. Canada (2016) determine?
The term 'Indian' in Section 91 (24) includes Métis and all First Nations, not just recognized Status Indians.
44
True or False: The Indian Act applies to Métis and non-Status Indians.
False.
45
What is the Canada-Métis Nation Accord?
An agreement signed in 2017 to negotiate a Section 35 Métis Rights framework, marking a new government-to-government relationship.
46
What does the MN-S Framework Agreement establish?
A negotiation process for the development of a renewed government-to-government relationship.
47
Who was Elijah Harper and what did he do?
A First Nations member of the Manitoba Legislature who voted no on the Meech Lake Accord, effectively killing it.
48
What is the purpose of the Indigenous Rights, Recognition, and Implementation Framework?
To promote reconciliation by changing the relationship between Indigenous people and the Crown to a nation-to-nation partnership.
49
What was the Meech Lake Accord?
An Accord aimed at making constitutional amendments to bring Quebec into the patriated constitution, opposed by First Nations.
50
Define a Métis citizen according to MN-S.
A person who self-identifies as Métis, is of historic Métis Nation ancestry, is distinct from other Aboriginal peoples, and is accepted by the Métis Nation.
51
What did the Neilson Report conclude regarding Aboriginal peoples?
Aboriginal peoples were in a state of socio-economic deprivation and government programs had failed to alter this state.
52
What did the Penner Report recommend?
Recognition of the Aboriginal Right to self-government and entrenchment in the Constitution.
53
What was the Powley Decision?
A 2003 Supreme Court ruling affirming that Métis people possessed Aboriginal rights.
54
What are Road Allowance Communities?
Communities where many Métis people settled on Crown Land after being displaced, often facing poverty and lack of public schooling.
55
What does self-government refer to?
The ability of a group to govern its own lands and the people on them without needing permission from others.
56
What is the significance of the Canada-Métis Nation Accord in terms of rights?
It represents a step towards a renewed government-to-government relationship based on recognition of rights.
57
What was the impact of the Daniels Decision on federal responsibilities?
It declared that both Métis and non-Status Indians fall under the responsibility of the federal government.
58
What was the historical context of the Métis people's assertion of identity?
They have demonstrated resilience in coping with challenges to their rights and have legally affirmed their status as a distinct group.
59
Fill in the blank: The assertion of Métis identity and sovereignty has been evident from the very beginnings of their emergence as a _______.
[distinct people]