Week 8: Indigenous Politics Flashcards

1
Q

Demographics

A

Indigenous canadians: those who can trace their ancestry before the arrival and permanent settlement of europeans

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

2,204695 people (about 6.2% of national population)

1,673,780 people (4.9% of the Canadian population) reported identifying with an indigenous group

In 2001: 3.3%

Roughly ½ of these are status of registered indigenous people

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2
Q

Standard of Living:

A

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 ⅕ of indigenous income, compared to about 1/10 for non-indigenous

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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3
Q

Indigenous 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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4
Q

Indigenous policy after the Conquest:

A

Everything changed after the Seven Years War

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 lump-sum payments or allowances/
annuities

Later reserves were set aside with benefits like exclusive fishing and hunting rights

In exchange, pre-contract rights were given up

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5
Q

Indigenous Policy after Confederation:

A

Indian Act of 1876:
- Status indians given certain rights and privileges

  • All money generated from economic activities controlled by the federal authorities
  • Reserves are subject to restrictions on land ownership, mortgages, and economic activities
  • Paternalistic
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6
Q

Provisions in the Indian Act:

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 which 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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7
Q

Assimilation

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

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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8
Q

The inuit:

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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9
Q

The Métis

A

Métis: mixed blood descendants of unions between indian women and scots of french speaking settlers in the red river region of manhattan

May also be considered Indians under the law if they are descendants of Métis who were part of Indian communities that fell under treaties

Today, some people of mixed indigenous and european ancestry have appropriated the term ‘Métis’

Self id has increased from roughly 190,000 to close to 600,000

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 metis 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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10
Q

The 1969 white paper

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

States that historical treaties should not be expected to be recognized in perpetuity

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11
Q

Legacy of the white paper

A

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 recognize self-government and land rights

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12
Q

The reserve system

A

The indian act of 1876: 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

Over 2,300 indian reserves in canada, with roughly 330,000 first nations people residing in them
- About two-thirds of reserves are in BC
- Three quarters of all reserves are uninhabited
- Most inhabited reserves have populations of fewer than 1,000 people

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13
Q

Reserve life:

A

Most reserves in rural and remote areas; often cannot be reached by road

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

The average life expectancy and incomes of those who live on reserves are significantly lower than the population average

Higher rates of suicide, alchoholism, violent death, unemployment, crowded housing conditions, and infant mortlaity

The reserve system is also highly paternalistic:
- 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 loans

Indigenous attitudes towards the reserve system is complex. Why?
- 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

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14
Q

Beyond reserves

A

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!

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15
Q

Post white paper indigenous policy

A

1969
Pierre trudeau
Strip status
Contentious

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16
Q

Red Paper:

A

Indigenous responses to the white paper sparked the red paper

“Citizen plus”: you are citizen who can pay taxes, vote, and have indigenous status

1970

Counter proposal… de facto status quo

17
Q

Land claims:

A

After the calder case in 1973 the courts recognized indigenous title
- Calder is famous for the court case titled Calder vs. attorney general of BC which appealed the case all the way to the SCC. Calder established the aboriginal title exists in modern Canadian law.

Spurred negotiations for agreements on comprehensive claims based on indigenous title not covered in existing treaties

Especially relevant for BC

Easier in the territories when only the federal government was involved… harder in the provinces

18
Q

Constitutional change

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
- Elijiah harper opposed it

Played a part in the defeat of the accord in the manitoba legislature

19
Q

Constitutional change

A

Charlottetown accord went considerably further than observers thought possible

Recognized inherent right of self government

Third order of government in federalism
- Another tier within the government
- More direct line for indigenous within the government

Indigenous representation in House and Senate, and First Ministers conferences

Say in constitution amendments

Defeated

20
Q

Policy change

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

21
Q

Royal commission on Aboriginal Peoples

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 change to indigenous rights)

22
Q

Legacy of RCAP

A

Some of the RCAP’s recommendations realized

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

23
Q

Truth and reconciliation:

A

Established in 2015
Around 70 regulations and only 11% were followed