Overall Flashcards

1
Q

Indigenization

A

Moving from inclusion to the core work of the university
Building welcoming spaces for indigenous students, faculty and staff

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2
Q

Indian Act and Reserves

A

Indian Act governed all aspects of First Nations people and outlined nature of reserves
Source of restrictions
Regulates every aspect of Status Indian people’s lives

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3
Q

Reserves

A

Land that First Nations people reserved for themselves, said they wouldn’t share
Government wanted to take all of the land, surrendering reserves was important
Settlers wanted First Nations to turn their backs on public land so they could make it private

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4
Q

Sources of Indigenous Rights

A

Treaty rights
Aboriginal rights

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5
Q

Indian Act and Status indian

A

Indian Act defined whom the Canadian government would acknowledge as Indian.
Section 3 of the of the 1876 Act defined Indian as Any male person of Indian blood reputed to belong to a particular band;
Any child of such persons; Any woman who is or was lawfully married to such persons

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6
Q

Indian Agents and Enfranchisement

A

Indian Agent told war veterans from 1944-48 that they had to enfranchise to get benefits (wasn’t true, they just wanted to get rid of status Indians)

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7
Q

Permit system

A

In 1881, all status Indian had to obtain a permit to sell any good off reserve
anything made on reserve to sell off reserve had to get a permit from the Indian Agent

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8
Q

Indigenous Right to Vote

A

In 1887 First Nations men in eastern Canada gained the vote. First Nations people in western Canada were considered too primitive. Revoked in 1898.
The vote was granted federally to all status Indians (women and men) in 1960.

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9
Q

Bans on Religious Ceremonies

A

1884 - Potlatch
Potlatch - large festival on the coast, banned by government
1895 - aspects of Sundance - including self-mutilation, wounding animals and giving away of goods or money
Sundance was banned because the government thought they were making warriors (not true, it was to pay tribute)
1914 - permission to appear in ‘costume’ in any dance, show, or stampede
Calgary stampede wanted Indigenous people to wear ‘costumes’ because it brought tourists

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10
Q

Restrictions after the Riel Resistance in 1885

A

After 1885, amendments required FNs obtain a permit from the Indian Agent.
Permits were needed for the following:
sell cattle and grain; sell a load of hay, firewood, lime, charcoal; sell produce grown on the Reserve; and buy groceries or clothes.

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11
Q

Pass System

A

to leave the reserve a First Nations person needed permissions (a pass saying where they were going or how long they were leaving for)
During the 1885 Riel Resistance, General

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12
Q

Amendments made to Indian Act Until 1927

A

Extensive amendments through to 1927 sought primarily to accelerate the assimilation process.
Also used to control and punish those First Nations individuals who were perceived as undermining federal goals.

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13
Q

Residential Schools

A

For the government, residential schools fit its explicit agenda of “aggressive civilization”
Government fund schools, missionaries run them
Government did not properly fund the schools
Attendance in residential school was mandatory
School priests, RCM, etc hunted down kids who weren’t there
½ run by catholics and the other half was the other strains of christianity (protestant, etc)

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14
Q

Past Criticism of Residential Schools

A

For the expense (too much to run school) and Success rate
Encountered substantial substantial resistance from parents and FN leaders who expressed concerns about treatment of students as labourers and as targets of abuse
Death rates among students at these schools increased at a dramatic rate because of ventilation in dorms, overcrowded, no medicine/treatment

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15
Q

Why did the residential schools fail

A

Government frugality, first nations resistance

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16
Q

Government Frugality In Residential Schools

A

Unqualified teachers
Labour (they didn’t get paid for labour, food was gross like mush)
Overcrowding

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17
Q

Experiments in Residential schools

A

Various experiments were performed on children
There was no consent - parents did not know, and children were not told that they were a part of them
Ranged from food, to shock treatment

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18
Q

Dr. Peter Bryce

A

Appointed the chief medical officer of Indian Affairs in 1904
Bryce claimed that First Nations children were deprived (1907) of adequate medical attention, sanitary living conditions (ventilation), mortality rate of between 14% and 24% (he noted 1 school of 69% kids),

Made a number of recommendations
The recommendations went against Duncan Campbell Scott’s mandate to reduce spending on Indians
Government’s response

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19
Q

First Nations Resistance to residential schools

A

Did not resist education, but the kind of education
Chiefs had been adamant about their desire to have their children educated in Euro-Canadian schools,
They did not envision the kind of education that was forced on them with the residential schools.

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20
Q

Impact of residential schools

A

Very regimented with a heavy emphasis on discipline
The schools attacked the cultural identity of the children
Put holes in the culture, not every part of the cultures got out of the schools
Some indigenous people lost more culture than others

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21
Q

Indigenous People in the 20th Century

A

Seen as wiped out, erased identity, very low numbers
Still fought, still existed
Helped in WW1 and WW2

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22
Q

Francis Pegahmagobow

A

1891-1952
Part of the group of First Nation snipers (very common)
Had the highest number of kills as a sniper

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23
Q

Edith Monture

A

1890-1995
Mohawk, Six Nations of the Grand River
First Indigenous nurse in Canada
She got nursing education in New York and enlisted in WW1 for the American army
First status indian to have the right to vote
Nurses had the right to vote before women (1917 vs 1920)

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24
Q

Henry Norwest

A

1881-1918
Cree/Metis, Fort SK, AB
Enlisted under a different name previously but got discharged for bar fights
Much higher kills than Francis, but his number is around 115 because many weren’t counted
Died from a sniper shot

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25
Q

Tom Longboat

A

1886 - 1949
Onondaga, Six Nations of the Grand River
Known for his running, one of the fastest runners
Running used to be a popular sport
He used to run messages in WW1

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26
Q

Fred Loft

A

1861-1934
Mohawk, Six Nations of the Grand River and the League of Indians
In his 50s during WW1
He advocated for First Nations rights, tried to make political parties
Enlisted, lied about his age in WW1
Becomes lieutenant in forestry section of the army
Makes the League of Indians of Canada after the war, he travelled to advocate for FN rights (without money)

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27
Q

Post WW2 Political FNs

A

FN veterans were liberators of Europe, came home to liberate their own people

Symbols of progressive indians, which helped legitimize political parties

USI (Union of saskatchewan Indians)
CCF gov in Saskatchewan (old name for NDP)
Focusing on FN veterans ignored FN activities before the war
USI continued effort of FN leaders to have their concerns heard by the gov
No evidence that FN veterans became more politically conscious after WW2, they were always fighting for their rights

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28
Q

Andy Paul

A

He created the North American Indian Brotherhood
He fought for FN say in Indian policies at the 1946 hearing

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29
Q

Citizens plus

A

First Nations have the rights and benefits of being Canadian citizenship, in addition to the rights and benefits as original occupants of the country

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30
Q

Indian Control of Indian Education

A

bedrock for First Nations demands for more control over education and was the impetus to many major developments in First Nations education.

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31
Q

Recommendations of Hawthorne Report

A
  • The government of Canada’s assimilation policies should end. However, the government should act as a national conscience to see that social and economic equality was achieved between First Nations and the rest of Canada.
  • For economic development, an increase in the Indian Affairs Branch (as the
  • Department of Indian Affairs was then known) budget and staff.
  • To ensure First Nations people received maximum support to move to urban centres to find employment.
  • To encourage subsistence farming, instead of training and funding for commercial farming.
  • The Report also recommended that an independent public body, the Indian Progress Agency, be established to report on First Nations social and economic development.
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32
Q

The White Paper

A

1969
The government introduced The Statement of the Government of Canada on Indian Policy, 1969. The White Paper outlined the proposal for the new government Indian policy.
Caused by Hawthorne report

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33
Q

St. Catherine’s Milling and Lumber Co. v. The Queen 1889

A

First case to deal with the issue of Aboriginal title in Canada decision had a lasting impact on how the Canadian government approached Ab. Rights. At issue was whether the provincial or federal government had jurisdiction over lands ceded by First Nations through treaty. Canada argued that the Ojibwe had passed ownership of the land in Northwestern Ontario to the federal government through Treaty Three, a process established by the Royal Proclamation

Articulated the existence of Aboriginal title as emanating strictly from the Royal Proclamation. The assumption of the Court was that Indigenous people did not understand their own territory until Europeans told them. Therefore, Aboriginal title could not exist until it was recognized as existing through legislative or executive government proclamation

34
Q

Doctrine of Discovery

A

Emerged from 15th century papal bulls
any non-European territory belongs to the European country that first laid claim to it

35
Q

Calder v. Attorney-General of BC

A

The Royal Proclamation continued to be seen as the source of Aboriginal title until the 1973 Supreme Court decision in Calder. In the 1960s, the Nisga’a took the BC government to court, arguing that because they had never surrendered their lands through treaty, they still held title to their homelands. Lost at the lower courts. Appealed to the SCC

The Nisga’a also lost at the Supreme Court level, but only due to a technicality. Nonetheless, The court held that the Royal Proclamation was not the only source of Aboriginal Rights. The court held that Aboriginal title stemmed not from any positive legal enactment but from Aboriginal ‘possession’ from time immemorial
The federal government had to acknowledge that Aboriginal Rights, including Aboriginal title to the land, existed prior to European contact and that they continued to exist unless they had been explicitly extinguished. The Supreme Court said the federal government could unilaterally extinguish those Aboriginal Rights through legislation. However, given the response of the White Paper, the government decided to pursue extinguishment through negotiation.

36
Q

Guerin v. The Queen

A

the Musqueam First Nation took legal action against the federal government for failure to meet its fiduciary obligations in managing reserve lands that the Musqueam had surrendered in 1957

Lower courts found that the Indian Act, specifically section 28(1), created a “political trust” and was therefore not enforceable.

However, in 1984 the Supreme Court ruled that since Aboriginal Rights, including Aboriginal title, exist outside of legislation, Aboriginal title was not a political trust Justice Dickson, writing the decision, stated that First Nations’ interest in the land was unique because of “its general inalienability, coupled with the fact the Crown is under obligation to deal with the land on the Indians’ behalf when the interest is surrendered”

The government is now accountable for any breaches of their fiduciary responsibilities.

37
Q

Fiduciary

A

held in trust - so that the fiduciary possessor is legally responsible for what belongs to another

The nature of the Indian title and the framework of the statutory scheme established in disposing of Indian land places upon the Crown an equitable obligation, enforceable by the courts, to deal with the land for the benefit of the Indians. This obligation does not amount to a trust in the private law sense, rather a fiduciary duty. If however, the Crown breaches this fiduciary duty it will be liable to the Indians

38
Q

Section 28 (1)

A

Subject to this Act, reserves are held by Her Majesty for the use and benefit of the respective bands for which they were set apart, and subject to this Act and to the terms of any treaty or surrender, the Governor in Council may determine whether any purpose for which lands in a reserve are used or are to be used is for the use and benefit of the band.

39
Q

Aboriginal Rights

A

inherent, collective rights that flow from their original occupation of the land.

40
Q

Section 35 (2), (3), and (4)

A

(2) In this Act, “aboriginal peoples of Canada” includes the Indian, Inuit and Métis peoples of Canada.

(3) For greater certainty, in subsection (1) “treaty rights” includes rights that now exist by way of land claims agreements or may be so acquired.

(4) Notwithstanding any other provision of this Act, the aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.

41
Q

Definitions in 35(1)

A

In applying section 35(1), the Court had to define the terms “existing,” and “recognized and affirmed,” and the notion of “extinguishment.”

The Court defined “existing” as meaning “unextinguished rather than exercisable at a certain time in history”

The Court also held that “existing Aboriginal Rights” must be interpreted “flexibly so as to permit their evolution over time,” and therefore the idea that Aboriginal Rights are “frozen in time, must be rejected”

For the phrase “recognized and affirmed” Court stated that, “it is clear that a generous, liberal interpretation of the words in the constitutional provision [s. 35] is demanded”

42
Q

Specific Claims

A

those based on non-fulfillment of a treaty, a breach of an Indian Act, or other statutory responsibility, the breach of an obligation arising out of government administration of First Nation funds or other assets, or an illegal sale or other disposition of First Nation land by government.

43
Q

Indian Claims Commission (Old Version)

A

the Trudeau government did establish the Indian Claims Commission (ICC) in 1969 as temporary measure until a new Indian policy could be implemented, preferably those in the White Paper. The purpose of the ICC was to examine claims and to advise the best way for the claim to be adjudicated. The ICC operated from 1969 to 1977.

44
Q

Office of Native Claims (ONC)

A

As a direct result of the Calder decision, the federal government established the Office of Native Claims (ONC) in 1974. The government had to devise a way in which to legally extinguish Aboriginal title. The purpose of the ONC was to coordinate federal negotiations in meeting this obligation.

45
Q

Baker Lake Test (1980)

A

Tested aboriginality

That they and their ancestors were members of an organized society.
That the organized society occupied the specific territory over which they assert the Aboriginal title.
That the occupation was to the exclusion of other organized societies.
That the occupation was an established fact at the time sovereignty was asserted by England.

46
Q

James Bay and Northern Quebec Agreement (1975)

A

This is significant as it was just two years after the Calder decision was handed down by the Supreme Court and four years after the proposed Indian policies of White Paper was shelved. There are now 26 Comprehensive Claims agreements with as many as 70 claims in various stages of negotiation

47
Q

ICC New Version

A

Determine whether a claim was valid. The way the process worked was a First Nation submitted its claim - say that reserve land was alienated illegally - to the ICC and commissioners determine whether the claim is valid and gives recommendations.

48
Q

TLE and Band Membership Issues

A

Band membership fluctuated wildly in the 1880s and determining the amount of land to survey for a band was problematic. This led to errors in many a band’s census. As a result, many First Nations did not acquire all the land they were entitled to

49
Q

Natural Resources Transfer Act

A

Between 1906, and the implementation of the 1930 Natural Resources Transfer Act (NRTA), the federal government attempted to fulfill its TLE obligations. However, for several reasons, many First Nations TLE still were not fulfilled. Section 10 of the NRTA recognized that the federal government had yet to fully meet its TLE requirements. This meant that the provinces would have a role in TLE and that provincial Crown land would be needed to fulfill First Nations TLE. The provinces acknowledged the obligations to the north, but assumed that southern region had been taken care of.

50
Q

Equity Formula

A

The newly appointed Treaty Commissioner proposed a new model. In this case, a proportion of a band’s current population based on a percentage of individuals or families for which no land was surveyed, what he called the equity formula, was best suited to settle the province’s TLE claims in Saskatchewan.

51
Q

Shortfall Acres In Equity Formula

A

the actual amount of land the band was supposed to have received but did not. Federal and provincial governments award the First Nations with the funds to purchase their shortfall acres

52
Q

Equity Acres in Equity Formula

A

Amount was based on the equity acres, which would be a larger money

53
Q

Section 12(1b) Indian Act

A

removed the status of any woman who married a non-Indian, including American Indians and non-status Indian men.

54
Q

Section 12(I)(a)(iv)

A

introduced the “double mother” clause - an Indian child would lose status if both their mother and grandmother acquired Indian status as a result of marriage, regardless of whether their father or grandfather had status.

55
Q

Sharon McIvor & Bill C-31

A

lost rights through marriage before C-31
Contested her and her son’s classifications under C-31 - son not given status.
Her brother married a non-Indian, but his children were 6(1) and her children were 6(2)
she won

56
Q

RCMP Report On MMIW

A

Many different reports, can’t find a specific number of MMIW
They looked at newspapers, but there was no official police report until RCMP Report on MMIW
Indigenous women make up 2.7% of the Canadian population, but represent 16% of total women murdered
Varies from place to place
NWAC considers suspicious deaths as murder, so the RCMP report created a base number
NWAC fought hard for a inquiry or anything from the government

57
Q

Morgan Harris (39), Marcedes Myran (26), Rebecca Contois (24), and Buffalo Woman

A

In May 2022, Jeremy Skibicki was charged with the murder of Contois.
In Dec, 2022 they charge him with the murders of the other 3 women
Partial remains have been recovered of Buffalo Woman, but nobody can identify her
Remains of Cantois was found in a landfill, remains of Myran and Harris were found in separate landfills
Winnipeg police said they wouldn’t look for these women, they left them rotting in garbage
Said they didn’t look because of cost and landfill has asbestos

58
Q

CRITICAL INDIGENOUS MASCULINITIES STUDIES

A

Seeks to examine how the depth of Indigenous male dysfunctional behaviour has been caused by the internalization of the ideal masculine traits, based on the white supremacist heteronormative patriarchy, imposed on them through various means that serve to subjugate and erase Indigenous women and queer people in violent and non- violent ways, and leads them to inflict violence on each other, while leading others to become trapped in the carceral cycle.

59
Q

REPRESENTATIONS OF INDIGENOUS MEN

A

Dangerous to white men, white men must ‘protect’ their women from them
Sexualized by white women, but these depictions make the native men look white
White men dressing like indigenous men has a long history, but recently seen in some films
Sports teams use indigenous men as their mascot
Indigenous men should be feared - they’re dangerous and drunks
Many people “play Indian” but don’t have knowledge on the experience of indigenous men

60
Q

Demographic with highest proportion of missing people in Saskatchewan

A

Of white women, white men, indigenous men and indigenous women in Saskatchewan, indigenous men are most likely to go missing
White men have the largest number, but proportionally the highest is indigenous men

61
Q

INCARCERATION RATES

A

In 2014, a news reported, incarceration rate:
Increase nearly 100% for Indigenous women
Increase 34% for Indigenous men

If rates continue # of incarceration by 2030:
Could reach more than 20,000 Indigenous people
6,760 Indigenous women
Nearly 14,000 Indigenous men

62
Q

Indigenous Health Perspective

A

More holistic, western medicine is becoming more holistic but Indigenous views of health is much more holistic
Role of spirituality is large in indigenous health, not separated from health
This perspective has been undermined through the colonization of Indigenous people

63
Q

PRE-CONTACT ERA INDIGENOUS HEALTH

A

Extremely healthy - healthy diets, physical active, few disease
Diseases Known to exist:
Treponematosis, tularemia, giardia, rabies, amebic dysentery, hepatitis, herpes, pertussis, and poliomyelitis
However the prevalence of almost all of these was low in any given group
Tallest people to ever exist was pre-contact indigenous people

64
Q

EARLY CONTACT ERA INDIGENOUS HEALTH

A

Diseases introduced:
Bubonic plague, tuberculosis, measles, smallpox, mumps, chickenpox, influenza, cholera, diphtheria, typhus, malaria, leprosy, and yellow fever.
Caused what Crosby referred to as the “virgin soil epidemics”

Virgin soil epidemics = epidemics characterized by unusually high mortality in all age categories ….because the disease is new or has not been in the population for so long individuals with antibodies to it have died and community immunity has been lost

65
Q

RESERVE ERA INDIGENOUS HEALTH

A

Impacted by collapse of traditional economy, Strict gov’t control - use of coercive food policies, poor housing - leads to TB outbreaks
Medical officials recommendations ignored for years
By the 1930s, 2 Indian hospitals are opened - in Fort Qu’Appelle, Sk and Selkirk, MB
Post WWII - surplus of army buildings lead to the Indian hospital system
Indian hospitals - one in Hamilton, sent FN and Inuit people there, Hamilton for some time had the largest Inuit community in Canada
So many children with TB were sent to this hospital for no reason

66
Q

Restrictions to Healthcare for Indigenous People

A

Accessibility - remote areas, people in poverty

Racism - medical concerns ignored, stereotypes, mistreated by healthcare workers, misdiagnosed

Sterilization - many indigenous women sterilized against their will

67
Q

Section 88 Indian Act

A

Added in 1951
Section 88 allows “all provincial laws not contrary to federal law to apply to First Nations on Reserve”
opens door to allow delivery of provincially mandated Child welfare services

68
Q

Sixties Scoop

A

Refers to the number of Indigenous children taken from families
During the 60s, number of Indigenous children in care increases dramatically:
1% in 1959
30-40% by the end of the 1960s
By the end of the 1970s 1 in 4 status Indian children were in care
Reasons for many to be apprehended were questionable

69
Q

2019 Nation Inquiry into Missing and Murdered Indigenous Women and Girls

A

Brought Native women’s lobbying efforts into fruition, commissioners labelled MMIW as genocide
Labelling it a genocide acknowledges what is happening to Native women but it has also caused backlash
Has been shelves like RCAP, little has been done based on recommendation of report

70
Q

TRC LIMITATIONS

A

Article 2 (b) could not ‘hold formal hearings, nor act as a public inquiry; nor conduct as formal legal process’ (Wasn’t a court, nobody is going on trial)
Article 2(c) the commission ‘shall not possess subpoena powers, and [does] not have powers to compel attendance of participation in any of its activities or events’ (Can’t force anyone to attend their events, anyone could say no)
Article 2(h) could not name names or identify people ‘without the express consent of that individual’ (Someone who acted horribly in residential schools can not be named)
Article 4 the commission ‘will not duplicate in whole or in part the function of a criminal investigation’ (The commission cannot lay charges, cannot accuse anyone, cannot call residential schools genocide)

71
Q

Starlight Tours

A

Alleged police practice of picking up Aboriginal people and taking them to some location far away and leaving them there to get home on their own.

72
Q

Do most indigenous people live in urban or rural areas?

A

Urban

73
Q

Urban Homeless

A

The Indigenous homeless population accounts for 29 percent of the overall homeless population in Canada

74
Q

Native Canadian Centre of Toronto

A

Friendship centre, they started popping up in the 1960s
Lots of in-city migration happening they made friendship centres, help FN and Metis people transition to the city
Friendships offer programming and cultural initiatives to help Indigenous people

75
Q

Anishanawbe Health

A

Aboriginal health centre, one of many
Started in 1980s-1990s, creators had a van and distributed food and blankets to homeless people for years
Then, they brought doctors and dentists to help treat homeless people, so they made these clinics in small buildings
Number of people accessing the centre has grown

76
Q

Carlisle vs Army Nov 9, 1912

A

This was a football game against the Carlisle and Army team
Jim Thorpe - considered one of the greatest athletes of the 20th century
He went to the Carlisle residential school
Nov 9, 1912. Carlisle’s team’s coach Glen ‘Pop’ Warner
Carlisle team went to play the Army school team, they lost 1 game after playing big teams
US Army often had battles with Indigenous people, so this game was important
Future NFL Hall of Famer Gus Guyon (Anishinaabe) played on this team
Army - Future president Dwight D. Eisenhower
Many Carlisle players had relatives who had fought against the U.S. Army

77
Q

Arctic Games

A

Brings Indigenous people from all over the world, Canada, Alaska, Russia, etc
Play contemporary sports and traditional sports
Knuckle hop - balance on hands, jump with arms, highest jump wins
One game where you jump and kick something
One game where you’re on your knees then jump

78
Q

North American Indigenous Games

A

Brings Indigenous youth from US and Canada, 5,000 people come together
Largest sporting event held in Canada other than Olympics
12-16 events, basketball, track, etc

79
Q

Horses and Indigenous People

A

Indigenous people traded them northward till the reached the northern plains.
Indigenous people adopted their horse into their worldview and as kin
Held ceremonies to honour them
People think Indigenous cultures were egalitarian, there was still hierarchies
Purpose of Indigenous hierarchies were different than European hierarchies
Having more horses put you higher on the hierarchy
More horses meant you either had lots to trade for horses or you had the bravery and stealthiness to steal a horse
Horses were used in the buffalo hunt, took a lot of skill to ride a horse in a stampede of buffalo

80
Q

Ted Nolan

A

From Garden River First Nation
As coach led teams to 4 Memorial Cups (winning 1 with Sault St. Marie in 1993)
NHL Coach of the Year (1996-97)
While coaching Moncton in the QMJHL was target of racism in a game against Chicoutimi (2005)
Playing in Quebec, hundreds of people yelled racist things at him and made racist gestures
Son, Jordan, won 2 Stanley Cups with Los Angeles Kings