Week 8 -Indigenous Politics Flashcards

1
Q

Define Indigenous Canadians

A

Indigenous Canadians: those who can trace their ancestry before the arrival and permanent settlement of Europeans

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2
Q

Define Aboriginal

A

The definition of “Aboriginal” comprises those people who report identification with at least one indigenous group – North American Indian, Métis, and Inuit

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3
Q

2 main points on their standard of living

A
  • UNEMPLOYMENT RATES ARE HIGHER, LOWER INCOMES
    •Twice as likely as other Canadians to be unemployed
    •Status indigenous living on reserves are four times more likely to be unemployed
    •On average, indigenous Canadians earn about three-quarters of what other Canadians earn
    •Government transfer payments make up 1/5 of indigenous income, compared to about 1/10 for non-indigenous
  • EDUCATION IS LOWER
    •Falling below low-income line is twice as likely for non-reserve indigenous Canadians, and is considerably higher for those living on reserves
    •About 3 out of 10 indigenous Canadians have not completed high school
    •Almost 5 out of 10 indigenous Canadians on reserves have not completed high school
    •Versus 12% of non-indigenous Canadians
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4
Q

Indigenous policy in New France
- what was their status under colonial rule, what were the French trying to do to them and how?
- what were the two principles underlying policy in New France

A

•Under French colonial rule: no official recognition of any indigenous title to land they had previously occupied
•Conversion of the indigenous population to Christianity was a central objective
•Implemented through the missionary work of Jesuits and the Recollets

•In 1627 a converted indigenous person had the status and rights of a naturalized French citizen
•ASSIMILATION + NON RECOGNITION of indigenous lands claimed by France = two key principles underlying policy in New France
•But New France was sparsely populated

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5
Q

How did things change after the seven years war

A

The Royal Proclamation of 1763:
•Indigenous interest in the land was acknowledged within context of British sovereignty and colonial expansion
•British signed treaties (11 of them)
•Initially involved lLUMP SUM PAYMENTS or allowances/annuities
•Later RESERVES were set aside with benefits like exclusive fishing and hunting rights
•In exchange, pre-contact RIGHTS WERE GIVEN UP

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6
Q

What were the characteristics of the Indian Act of 1876

A

•Status Indians given certain rights and privileges
•All money generated from economic activities CONTROLLED BY FEDERAL AUTHORITIES
•RESERVES are subject to restrictions on landownership, mortgages, and economic activities
•Paternalistic

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7
Q

Indian Act impact on status:
(Status, marriage, criteria, implications)

A

•An “Indian” is any male person of Indian blood who belonged to a band recognized by the federal government, as well as dependents
•Women could acquire status through marriage, but those who married a non-Indian would lose status – this changed in 1985
•Change also eliminated the possibility of acquiring status from marriage

•Federal government sets the rules that determine who is or isn’t “Indian”
•First Nations bands determine who is entitled to be a band member and live on their reserve
•Many bands have enforced “marry out, get out” rules, and have been charged with discrimination

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8
Q

Assimilation written into policy:
- how were reserves governed
- how were governance practices changed
- did they have Canadian citizenship
- impact on traditions and languages

A

•Reserves governed by band councils and chiefs elected for three-year terms
•Actions of band councils still subject to approval by Ottawa
•Democratic practices of European origin were expected to replace indigenous traditions of governance
•No automatic right to Canadian citizenship for status Indians before 1960

•Sanctions used to stamp out indigenous traditions included the 1884 BAN ON THE POTLATCH CEREMONY and on traditional dances
•Prohibition on using indigenous languages in the federally-run residential schools
•Illegal to bring legal action against the government

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9
Q

Policy in residential schools:
- impact of assimilation on culture, lives, language

A

•Residential schools were the harshest effort at assimilation
•Children were forced from their families to isolate them from indigenous cultural influences
•Widespread physical and mental abuse, and neglect
•The death toll is still unknown, but we are now finding hundreds of unmarked graves

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10
Q

Canadian Law and the recognition of the Inuit
- implications

A

•Canadian law also recognizes the Métis and Inuit who are not covered in the Indian Act
•1939 SCC decision: the Inuit are Indians within the meaning of the Constitution
•This means that the federal government has a responsibility for their welfare
•Inuit granted de facto self-government through territory of Nunavut

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11
Q

Canadian Law and the recognition of the Métis
- define Métis
- law concerning status
Law concerning health and education benefits

A

•Métis: mixed-blood descendants of unions between Indian women and Scots or French-speaking settlers in the Red River region of Manitoba
•May also be considered Indians under the law if they are descendants of Métis who were part of Indian communities that fell under treaties

•Supreme Court of Canada (2016): Métis persons, as well as non-status Indians, must be treated the same as status Indians under Canadian law
•Allows these groups to claim health and education benefits
•The Inuit and Métis are grouped with First Nations people in section 35 of the Constitution Act, 1982, which recognizes and affirms the “existing aboriginal and treaty rights of the aboriginal peoples of Canada”

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12
Q

The 1969 white paper
- what did it propose?
- anchored in?
- rejected by?
- what were the implications

A

•PM Pierre Trudeau released the 1969 White Paper
•Proposed the dismantling of the Indian Affairs bureaucracy, reserve system, special Indian status and a transfer of responsibility to the provinces
•Stated that historical treaties should not be expected to be recognized in perpetuity

•Anchored in integrationist ideology from the early civil rights movement
•Forcefully rejected by indigenous leaders as assimilationist – the birth of the indigenous movement
•From then on, government policy has been directed at recognizing self-government and land rights

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13
Q

what does the term reserve mean?

A

“The term “reserve” means any tract or tracts of land set apart by treaty or otherwise for the use or benefit of or granted to a particular band of Indians, of which the legal title is in the Crown, but which is unsurrendered, and includes all the trees, wood, timber, soil, stone, minerals, metals, or other valuables thereon or therein.”

•At the heart of this definition:
the guardianship relationship between the federal government and those living on reserves
•Because reserve land belongs to the Crown, virtually no legal or commercial transaction of consequence could be undertaken without permission

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14
Q

What are the consequences of reserve life (3)

A

➢Fewer job opportunities;
➢Often required to leave home to acquire secondary and post-secondary education;
➢Physical isolation prevents integration into the rest of society

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15
Q

Consequences of reserve life on life expectancy, income, unemployment, suicide rates, infant mortality

A

•The average life expectancy and incomes of those who live on reserves are significantly lower than the population average
•Higher rates of suicide, alcoholism, violent death, unemployment, crowded housing conditions, and infant mortality

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16
Q

What does it mean for the reserve system o be highly paternalistic? What are the implications

A

•Until the 1940s, status Indians were not allowed to leave without the written permission of an Indian agent
•Band members may not sell any part of the reserve
•The federal government retains the ultimate authority to grant timber-cutting licenses
•Reserve land may not be used as security for loan

17
Q

Indigenous attitudes towards the reserve system is complex. Why?

A

•Isolation may be a good thing for some: “for many Registered Indians and those without legal status, the reserve is a physical and spiritual home, despite the [hardships] that may exist therein”

•Reduces assimilationist pressure; can help protect indigenous languages

•Only 3 languages out of 70 are spoken in large numbers; retention is low

It is important to not reduce the totality of indigenous politics to poverty in the reserve system:

•Many reserves are thriving – usually due to natural resource development
•Most First Nations people live off reserve (most in cities), and the system doesn’t apply to the Inuit and Metis
•Indigenous politics is highly complex!

18
Q

What are the main characteristics of Post-white paper indigenous policy?

A
  1. Land claims
  2. Constitutional change
  3. Policy change
  4. Royal Commission on Aboriginal Peoples
19
Q

What was the impact of land claims post white paper policy

A

•After the Calder case in 1973 the courts recognized indigenous title
•Spurred negotiations for agreements on comprehensive claims based on indigenous title not covered in existing treaties
•Especially relevant for British Columbia
•Easier in the territories when only the federal government was involved – harder in the provinces

20
Q

What were the constitutional changes and its impacts

A

•Section 25: the Charter “shall not be construed so as to abrogate or derogate from any aboriginal, treaty or other rights or freedoms that pertain to the aboriginal peoples of Canada

•Section 35: “The existing aboriginal and treaty rights of the aboriginal peoples of Canada are hereby recognized and affirmed”

•NOT SEEN AS SUFFICIENT in guaranteeing indigenous RIGHT TO SELF GOVERNMENT
•Penner Report, 1983 recommended facilitation of self-government based on extensive study
•Nonetheless, INDIGENOUS DEMANDS IGNORED IN MEECH LAKE ACCORD
•Played a part in the defeat of the Accord in the Manitoba legislature

21
Q

What was the Charlottetown accord and its implications?

A

➢Recognized inherent right of self-government
➢Third order of government in federalism
➢Indigenous representation in House and Senate, and First Ministers conferences
➢Say in constitutional amendments
➢Defeated

22
Q

What were the policy changes post white paper policy

A

•PM Chretien claimed inherent right to self-government already found in the constitution
•Supported the amending of treaties or the creation of treaties to guarantee self-government
•Self-government as exercised under the constitution that recognized the sovereignty of the Canadian state

23
Q

What was the RCAP report?

A

Most comprehensive statement was the RCAP report:

•Called for an indigenous third order of government
•A form of dual citizenship for indigenous Canadians, who would be both Canadian citizens and citizens of their indigenous communities
•Indigenous parliament with an advisory role concerning all legislation affecting Indigenous persons
•Indigenous representatives as participants in all future talks on constitutional reform (with veto over any changes to indigenous rights)

24
Q

What was the legacy of the RCAP report

A

➢Move towards self-government with the creation of Nunavut in 1999 and the 1998 Nisga’a treaty, which granted extra-municipal powers
➢Reparations to survivors of residential schools
➢PM Harper issued a formal apology to the victims of residential schools
Others ignored: indigenous Parliament, third order of government

25
Q

What are unresolved issues?

A

•What does indigenous self-government look like when integrated into Canadian federalism?
•How do off-reserve indigenous peoples exercise influence in such a system (Inuit, Metis, and off-reserve First Nations)?
•How to account for indigenous voices in Ottawa and the provincial capitals?
•How to address inadequate living standards on and off reserve?

26
Q

Which of the following was the key distinguishing feature of British Indigenous policy compared to the French?

  1. The French aimed at conquest of Indigenous lands, while the British believed in compensation
  2. The French aimed at assimilation, where the British simply wanted unimpeded colonial expansion
  3. The French aimed at assimilation, where the British simply wanted unimpeded colonial expansion
  4. Both the British and the French aimed at assimilation, but only the British wanted unimpeded colonial expansion
A
  1. The French aimed at assimilation, where the British simply wanted unimpeded colonial expansion
27
Q

What is the legislation that created the reserve system and structures Indigenous politics to this day?

A

The Indian Act

28
Q

Who acquires Indian status according to the Indian Act?
1. Any male living on a reserve, but not their dependents
2. Any male living on a reserve, and their dependents
3. Any male of Indian blood, but not their dependents
4. Any male of Indian blood and their dependents

A
  1. Any male of Indian blood and their dependents
29
Q

The Indigenous movement began to gain steam after the release of what?

A

The 1969 White Paper

30
Q

Why are many Indigenous Canadians hesitant to abolish the reserve system? Please select all that apply.

  1. Their autonomy and independence is relatively secure
  2. Isolation allows for the protection of Indigenous heritage and language
  3. Reserves are seen as an integral part of future Indigenous self-government
  4. Conditions on reserves are often quite positive
A

1, 2, 3

31
Q

Approximately what % of Indigenous Canadians live on reserves?
1. Under 10%
2. 10-30%
3. 30-50%
4. Over 50%

A
  1. 10-30%
32
Q

Which of the following was NOT a recommendation of the RCAP?
1. That Indigenous people hold Canadian citizen and additional rights “Citizens Plus”
2. A new third order of Indigenous government
3. The creation of an Indigenous parliament
4. Inclusion in constitutional negotiations

A
  1. That Indigenous people hold Canadian citizen and additional rights “Citizens Plus”