1. CORAF – Collective Rights
Social 9
Textbook: chapter 4

2. What are collective rights?
“Rights held by groups (peoples) in Canadian society that are recognized and protected by Canada’s constitution”

3. What are collective rights?
Unique to Canada!
Are different than individual rights
ALL Canadian citizens have individual rights
However, collective rights are specific to one of several groups of people in Canadian society
Who holds collective rights?
Aboriginal Groups: First Nations, Métis & Inuit
Language Groups: Francophones & Anglophones

4. Why do some people have collective rights, while others don’t?
Recognize the founding people of Canada
Recognizing their contribution
Come from Canadian roots
Aboriginal, French, English

6. As best as I can do…it’s complicated…
Chapter 4 in your textbook
Canada’s History of Collective Rights (For groups of people not language)

7. 7 Years’ War

8. 7 Years’ War Also called the “French and Indian War”
The first “world war”
In North America, mainly fought between:
British & Aboriginal supporters
French & Aboriginal supporters
Aboriginal groups for the most part, supported the French
The war forced aboriginal groups to take sides in a European conflict

9. 7 Years’ War Why the French? What was the result?
French primarily there for fur, not large-scale settlement
A large number of Jesuit missionaries were focusing on conversion (thus trying to relate to aboriginal culture and learn aboriginal languages)
What was the result?
France lost its North America holdings
Aboriginal groups can no longer play the British off of the French

10. Royal Proclamation – 1763 Goals
Ensure the British laws are followed in North America
Encourage British settlers to come to Quebec
Control westward expansion
Attempt to men relationships with aboriginal tribes

11. Royal Proclamation – 1763 Results
One of the causes of the American Revolution
We see the early beginnings of some recognition of aboriginal rights in Canada
In fact, see section 25 of your CORAF!
The proclamation line was meant to allow for an orderly expansion westward
This may seem as an “organized theft of native lands” OR
It established a precedent that “the indigenous population had certain rights to lands they occupied”

12. Royal Proclamation – 1763
Thus the Royal Proclamation is the first example of the recognition of aboriginal collective rights in Canada!

13. Quebec Act – 1774
Passed by Britain to pacify their newly acquired French-North American subjects
Allowed the Canadiennes to maintain:
French civil law
Catholic religion & freedom of religion
It worked – the people in the Province of Quebec were happy to be a part of the British Empire
Can be considered the first set of collective rights for French Canadians

14. American Revolution
But, as a result of the American revolution, a large portion of British loyalists abandoned the newly formed USA and came to British North America
Why? They were loyal to the crown
Around 500,000 people were loyalists
Around 70,000 fled the USA
With 46,000ish coming to British North America

15. American Revolution Changes in British North America
Around 33,000 went to Nova Scotia, but they weren’t liked. So “New Brunswick” was created from Nova Scotia for these loyalists
Around 10,000 went to Quebec
They wanted the Protestant Church
They DID NOT want French Civil Law

16. The Constitution Act – 1791
It was decided that the English and French speaking settlers should be separated. They could not peacefully co-exist
Upper Canada (Ontario) would be English
Lower Canada (Quebec) would be French

17. Constitution Act 1791 Upper Canada Lower Canada English speaking
Protestant
British civil law & institutions
Worried that French Canadians still had too much power
French speaking
Roman Catholic
French civil law & institutions
Worried that they would be eclipsed by growing English power

18. War of 1812 Aggressors Causes United States
British Empire (mainly North America)
Causes
Trade restrictions by Britain on the new USA, due to continued war with France
Impressment of American merchant sailors
British support of aboriginal tribes against American expansion
Possible USA desire to annex Canada

19. War of 1812 Clockwise from top:
Damage to the US Capitol after the Burning of Washington;
The mortally wounded Isaac Brock spurs troops on at the Queenston Heights;
USS Constitution vs HMS Guerriere;
The death of Tecumseh at Moraviantown;
Andrew Jackson leads the defence of New Orleans

20. War of
Great Britain was only able to offer minimal support, being tied up in Europe due to the Napoleonic Wars until 1814
However, in 1815 they were able to offer much more support
This war is unique in that it has no clear “victor”
Americans view it as a second ‘war of independence’
English Canadians view it as a successful defense against possible USA annexation
Part of the collective identity of English-speaking Canadians

21. 1837 – Canada Rebellions
Saint-Eustache Patriotes. By Lord Charles Beauclerk

22. 1837 – Canada Rebellions
Two armed uprisings that took place in Lower and Upper Canada
Causes
Frustrations in political reform. Both groups had a great desire for responsible government
The governments in the colonies were based on the British model: a monarchy and an aristocracy
However, there was NO monarchy or aristocracy in the colonies

23. 1837 – Canada Rebellions Lower Canada
Primarily caused by:
Ineffective and unfair colonial government
Economic disenfranchisement of French-speaking businessmen & workers
Led by the Parti Canadien (parti patriote)
Collective Rights
These rebellions are a clear example of French Canadians fighting for their collective rights
The rebellion remains significant to Quebecers to this day:
National Patriotes Day

24. 1837 – Canada Rebellions Upper Canada
Caused by anger of the oligarchic government of Upper Canada
However, it was the Lower Canada rebellion that prompted the Upper Canada one
Also issues over the family Compact
A group of businessmen in government who governed for their own sake
Led by William Lyon Mackenzie
Compared to Lower Canada, this rebellion was far less bloody

25. 1837 – Canada Rebellions Aftermath
Upper and Lower Canada are merged under the Union Act: The Province of Canada
French Canadians barely keep a majority in the new political entity
However, the new government was unstable and would ultimately lead to the Great Coalition and Confederation

26. Confederation
In 1867, after a lengthy battle, the founding fathers of Canada were able to bring about the “British North America Act” also known as the “Constitution Act, 1867”
This made Canada its own country, with the monarch of Britain being the monarch of Canada
Confederation was well received by both the British and the Canadians
Note: we will be studying Confederation in much greater detail later in the course

27. Confederation
Enshrined fundamental collective rights between English and French speaking Canadians
Distinct, yet working together
In addition, it fostered unity between the two
Both languages are equally recognized
The desire for a trans-continental railway was also reflected in Confederation
This influenced the numbered treaties with aboriginal peoples
Led to BC joining Confederation

28. 1869 – Red River Rebellion
The newly formed Canadian government bought Rupert’s Land from the Hudson’s Bay Company
Would facilitate Canadian expansion
The land would be surveyed in the same way that Ontario was surveyed
This included the Red River Colony in Manitoba
There was a problem though – the Métis, led by Louis Riel did not want the land to be surveyed, especially by an English-speaking surveyor

29. 1869 – Red River Rebellion

30. 1869 – Red River Rebellion
Riel created a provisional government and sought to work with the federal government to establish the Métis territory of Assiniboia as a province
In the meantime,
Riel’s government also
tried and executed an
Orangeman named
Thomas Scott
Why would Riel do this?

31. 1869 – Red River Rebellion
Nevertheless, in 1870 the provisional and federal governments passed the Manitoba Act which created the province of Manitoba
Shortly thereafter, the government sent troops under the Wolseley Expedition to maintain security (and prevent American expansion)
Furious Ontarians, over the execution of Scott, viewed this as a suppression of the Métis
The Métis, however view the Manitoba act as an enshrinement of their rights

32. 1870 – Manitoba Act Métis collective rights in the Manitoba Act:
Separate French schools for Métis
Protection of the practice of Catholicism
Note: In 1875, Louis Riel was exiled for his execution of Thomas Scott

33. 1876 – Indian Act (page 137)
Was enacted in 1876 under the 1867 Constitution Act
All authority to legislate in relation to “Indians and Lands Reserved for Indians” is given to the federal government .
Defines who is an “Indian” and contains certain legal rights and disabilities for registered aboriginals
The rights that aboriginal groups gained through this cannot be challenged under the CORAF (section 25)

34. 1876 – Indian Act
This leads to the creation of the “Department of Aboriginal Affairs and Northern Development”
This department (which still exists) is responsible for administering the act

35. 1876 – Indian Act
Up until 1985, the act listed several ways in which an “Indian” could lose their status
Marrying a man who was not a status Indian
Enfranchisement (in other words, they were not allowed to vote)
Having at the age of 21, a mother and paternal grandmother who did not have status before marriage
Being born out of wedlock to a mother with status and a father without
The big issue, was that these provisions interfered with the matrilineal culture of many First Nations

36. 1876 – Indian Act
There have been many amendments over the years, and there continue to be amendments, but the most significant was Bill C-31 in 1985
Ends discriminatory provisions of the act (especially against women)
Changes the meaning of “status”. Allowed some aboriginals to regain their status
Allows the band to define their own membership rules

37. 1876 – Indian Act & Numbered Treaties
Part of the Indian act was a series of numbered treaties between the federal government and aboriginal groups
In Alberta:
Treaty 6 ( )
Treaty 7 ( )
Treaty 8 (1899)
Please copy the chart of treaty provisions from page 125

38. 1879 – Residential Schools Begin
As a part of the Indian Act, the federal government was required to provide education to the Indian Bands
MP Nicholas Davin was assigned the task of deciding how to educate aboriginal children
He argued that residential schools would be the best system. They did two things
Educate aboriginal children
Assimilate children to Canadian ideals

39. 1885 – North West Rebellion
In 1885, Riel returned to Canada, and went to the Métis people in modern-day Saskatchewan
The Métis believed that:
Canada had failed to address the protection of their rights
They would soon die out as a distinct people

40. 1885 – North West Rebellion
Riel and the Métis gained some early victories, however they were outgunned
Canada’s Advantage:
The North-West Mounted Police (NWMP)
The Canadian Pacific Railroad
Riel’s belief that he was a prophet sent by God to defend the Métis

41. 1885 – North West Rebellion
The Métis and aboriginal allies were defeated fairly quickly
Riel was tried and executed for his actions
The North-West Rebellion is another example of the tensions between English and French Canadians
It is an example of collective rights attempting to be gained militarily

42. 1938-1960 – Métis Population Betterment Act
Métis groups lobbied the Alberta government to set aside land for their use
The government established 12 settlements
This was the first time in Canada’s history that a government had given land to the Métis
Ultimately four were unsuitable for farming, fishing, or even hunting, and lands were returned to the government

43. 1939 – Indian Association of Alberta
Organized by the First Nations in Alberta, to emphasize treaty 6, 7, 8 rights
Goals:
To maintain treaty rights
To advance the social and economic welfare of Indian peoples
To secure better educational facilities and opportunities
To cooperate with federal, provincial and local governments for the benefit of Indians

44. 1969 – Official Languages Act
Reasserts the equality of French and English as official languages of Canada, as established at Confederation
Four main provisions
May receive services from federal departments in either language (French/English)
May be heard in court in either language
Parliament publishes everything in both languages
Languages have equal status as “working” languages

45. 1980 / 1982 – Repatriation of Canada’s Constitution
“We, the First Nations, proclaim our dedication and commitment to the recognition of our unique history and destiny within Canada by entrenching our treaty and Aboriginal rights within the constitution. Only in this way can we truly fulfill the sacred obligation handed down to us by our forefathers for the future generations. Anything less would result in the betrayal of our heritage and destiny” – Federation of Saskatchewan indians

46. 1980 / 1982 – Repatriation of Canada’s Constitution
“I speak of a Canada where men and women of Aboriginal ancestry, of French and British heritage, of the diverse cultures of the world, demonstrate the will to share this land in peace, in justice, and with mutual respect.” – Pierre Trudeau, 1982
Note: Trudeau viewed the aboriginal treaties as obstacles to equality, whereas aboriginal peoples viewed them as affirmations of their identity
We see the beginnings of an overarching Canadian ideal in this quote. What is it?

47. 1980 / 1982 – Repatriation of Canada’s Constitution
The Métis also lobbied for a recognition of their rights
When the Constitution was adopted, the Métis were recognized as one of Canada’s aboriginal peoples!
This is the first time they are formally recognized

48. 1990 – Alberta Métis Settlements
In 1990, Alberta passed legislation which granted permanent lands to Métis in Alberta
They were granted autonomy over their lands
They Métis were also permitted to participate in the development of oil and gas industries on their lands

49. A Few Additional Métis rights
2003 – Supreme court rules that the Métis have a right to hunt & fish under the constitution
2004 – Alberta’s government recognizes Métis rights to hunt/fish without licenses
2006 – Métis in Manitoba launch a land claims action for land promised, but not delivered, in the Manitoba Act (think back to Riel)
2007 – Alberta’s government withdraws some of these rights