Unit 5 Flashcards
Define assimilation
policy of integrating minority groups into mainstream
Define comprehensive claim
land claim based on tradiitonal use and occupancy not dealt with by treaty or other legal means
Define fiduciary responsibility
duty owed by one party to another over which it has power
Define First Nations
Canada’s Aboriginal Peoples
Define Indians
commonly used to refer to Aboriginal peoples
Define Indian Act
statute passed in 1876 that consolidated existing laws pertaining to Indians
Define Inuit
term used to describe people formally known as Eskimos
Define Metis
descendants of the original Red River Metis Nation
Define reserve
piece of land set aside, usually by treaty for the use of a particular group of First Nations people
Define Royal Proclamation
King George III, 1763, recognizing Aboriginal land claims, first recognition by Crown of Aboriginal rights in Canada
Define self-determination
right of a nation of people to determine their own status, fate, and course of action
Define self-government
any arrangement by which people cna decide and consent to the way in which they will be governed
Define status/ non-status Indians
Status subject to benefits of the Indian Act and its application
Define systemic discrimination
institutional arrangements that, when applied to everyone, have a greater impact on a particular group of people than the general population
What is meant by the phrase “jurisdictional limbo”?
Aboriginal people can’t negotiate agreements with federal and provincial governments that would give them right to self-government because they don’t have negotiating rights already
Where does fiduciary responsibility flow from? (3)
historic occupation of the land and notion that Crown must act honourably
Why is fiduciary significant?
It forces disempowerment of Aboriginal people to the forefront
Define treaty federalism
nation to nation relationships between the Crown and Aboriginal nations, based on treaties as fundamental consitutional documents
What role do Aboriginal associations play in intergovernmental relations? What are the difficulties in fitting them into the process?
- some represent groups of people (i.e., women) and some represent types of Aboriginal groups (i.e., Metis)
- typically Aboriginal leaders do not represent geographic territories, which is a requirement of federalism status in Canada
What competing visions have been revealed by the treaty-making process in BC?
1 - Status. One view is that it is “government” and a “minority” group, competing with view that it is two equal governments negotiating
2 - Law. One view that legal rights are indefined, a vague constitutional reference. Another view that they are well-defined in Aboriginal tradition
3 - Reconciliation. An end state. An ongoing process.
What are 4 recommendations to improve relations?
1 - urgent need for institutional development
2 - end jurisdictional shell-game
3 - more processes based on local successes (micro efforts) in contrast with high-level constitutional discussions
4 - public dialogue and exchange of narratives
