Presentation on theme: "Chapter 4 Collective Rights"— Presentation transcript:
1Chapter 4 Collective Rights To what extent has Canada affirmed collective rights?
2Terms to Know: Terms Handout Aboriginal rights: stem from a custom, a practice or a tradition that characterizes the culture of an Aboriginal group. This right had to exist prior to the contact with the Europeans; it is most often associated with a territorial occupation since that period. Moreover, the courts have ruled that an Aboriginal nation present on a territory when the Europeans arrived—and that has continued to frequent the territory ever since—has specific rights on that territory, known as “Aboriginal rights.”Treaty rights: are special rights to lands and entitlements that First Nations people legally have as a result of treaties signed with the Queen and Canadian government; rights protected under section 35 of the Constitution.
3Lets Think: What is collective rights ? What groups in Canada are recognized in the charter as having collective rights?Why is Canada the only country in the world that has collective rights for specific groups set out in it constitution?Why are collective rights important to all Canadians?FAQ, pg 122
4What Laws Recognize the Collective Rights of First Nations peoples? We will talk about legislation that affects the collective rights of First Nations peoplesNumbered treaties and how they have been interpretedModern treatiesThe goals of the Indian ActThe changing Indian Act
5Numbered TreatiesHistoric agreements that affect the rights and identity of some First Nation groups in CanadaThey have roots in royal proclamation of Britain sought to establish control over lands they had just claimed from FranceThe proclamation recognized First Nations rights to the land and established the principles for making treaties through peaceful negotiation
6Numbered treaties were agreements between the Queen and First Nations First nations agreed to share their lands and resourcesThe government of Canada agreed to terms covering first nations education, reserves, annuities, and other matters
7Why?Why did First Nations in the west and Canada negotiate the numbered treaties?Read pg. 126
8Canada wanted to build a railway Both sides wanted to avoid war.First nations wanted to secure their future
9Houston we have a problem…. So if both parties agreed on these treaties then there should be no problem right? wrong
10Canada’s government recorded the treaties in writing in english Canada’s government believes First Nations gave up their land under the treaty. First Nations disagreeFirst nations people at the time did not think of land as something anyone could own or give upFirst nations recorded the treaties in their oral histories in their own languageCanada’s government recorded the treaties in writing in englishThe oral and written records disagree on key aspects
12The Indian ActThe Indian Act demonstrated something important about the way the Canadian Government understood treaty rightsVideo
13The Numbered Treaties confirmed the Canadian Governments duty to protect rights of First nations. Under the act, the federal government is able to develop specific policies and programs to administer treaty rightsThe act created officials for each reserve, “Indian Agents”, who had the power to decide how the government would full fill its dutiesThis meant that there were many interpretations of what treaty rights meant on a case by case basisWhy would this be a problem?
14The Indian Act dates back to 1876, at that time the Canadian Government thought it was appropriate to make laws for first Nations without consulting themEthnocentrism-the belief that your culture and way of doing things is better then othersThe Act Defines who may be registered as a “status Indian” with treaty rights. This meant that the government, not the First Nations themselves made all the decisionsThe Indian act was, and still is a way for the government to administer treaty rights
15The act originally aimed to assimilate First nations peoples It defined how first nations had to govern themselvesAt points in history it restricted the way they could dress, travel, and protestUntil 1960, in order for a First Nations person to be able to vote they had to give up their treaty rights
16The act has been revised several times and remains in force today Based on what you now know, how do you feel about the Indian Act?What does the Indian Act violate? (hint we talked about it last chapter)
17Read the Article on page 138 What should be done about the Indian Act today?What do First nations think should be done?What does the Gov think needs to happen?Complete the “two views” worksheet
18What Collective Rights do Official Language Groups have Under the Charter? We will be exploring…..What are the collective rights of Francophone's and Anglophones in the charter of rights and freedoms?How do their collective rights affect their quality of life?What are the background in regards to the history of the rights of Canada’s official language communities.
19You have moved to a foreign country and, upon your arrival, you realise that you are the only person of your ethnic, cultural, religious and language group to be seen. The country is not racist or discriminatory; you are accepted as part of the community. What will this feel like? How might this affect your daily activities? How will this impact your quality of life?
20What are Official Language Minorities? Explore the map on pg. 142Lets discuss the question on the bottom of the pageRead pg 143 and 144What do these two students have in common?How do their collective rights affect their quality of life?How do Rachel and Devin represent the concerns of a minority language speaker?
21What are the Charter Rights of Official Language groups? Official BilingualismSection 16 to 20 of the charter establishes French and English as the official languages of CanadaBoth languages have the right to conduct affairs with the federal government in either official languageNew Brunswick is an officially bilingual province
22Minority Speaking Education Rights Section 23 of the charter states that any minority speaking population of sufficient size has the right to publicly funded schools that serve their language communityEx. Beaumont, Alberta
23The History of Francophone's in Canada 1608- Samuel de Champlain founds Quebec City and establishes New France1774-Britain passes the Quebec act, recognizing the rights of Francophone's1867-Confederation establishes Canada as a bilingual nation1969- Official languages act reasserts the equality of French and English in Canada1982-Charter of rights and freedoms confirms official bilingualism
24How has the Charter affected Francophone Education? Rights for francophone's and Anglophones are what made confederation possibleUnder the BNA act in 1867, confederation established Canada as a bilingual nationIt guaranteed public money for minority schools everywhere in CanadaProtestant/English School in QuebecCatholic/French school in the rest of Canada
25Pg 147 The Manitoba School Act Haultain Resolution and North-West Territories Ordinance Number 22In what way did these acts call the founding principles of confederation into Question?
26Language Minority Education Today When Trudeau established the Canadian Constitution in 1982, he used it as an opportunity to restore the education rights of minoritiesThe results can be seen in the chart on pg 148How has section 23 (huh, what's this?) impacted minority education across Canada?How does the chart on p. 148 convey the impact of section 23 of the Charter?
27Bill 101 – Charte de la Langue Francaise In 1977, the provincial government of Quebec passed Bill 101 to establish rules to protect the French language in QuebecThis law affirmed the French language as essential to the identity of FrancophonesIt made the French language the official language of business, government and education in Quebec
28Bill 101 Bill 101 is Official Bill 101 – 5 Years Later Bill 101 – 20th AnniversaryHow has Bill 101 Affected Anglophones in Quebec?How has Bill 101 served to Protect the rights and Identity of Francophones in Quebec?Read the chart on pg 150 and complete the worksheet (Bill 101 and the Canadian CRF)
29What laws recognize the collective rights of the Métis? Terms you should already know..Métis – descendents of mixed First Nations and European (mainly French) heritageInherent rights – rights with origins in fundamental justice; rights associated with history or traditionScrip – a document that could be exchanged by the Métis for landAutonomy – authority to make decisions
30Métis Rights…how did they get where they are today? Read pgs 153 to 158 and create a timeline for yourself in your notesFor each event state:DateWhat HappenedWhy it was important
31Louis Riel- a Father of Confederation Louis Riel led the Northwest resistance which ended in military conflict between the Métis government and the Canadian governmentThe Canadian Government did not respond to the Métis Request petitions for land and collective rightsLouis Riel is considered the founder of ManitobaLouis Riel was hung for treason in 1885Many Anglophones agreed with the sentence, while many francophones opposed and saw it as a betrayal to French/English alliance
32Pre-Test QuestionsThis worksheet is meant to help you study for the exam. The greater detail you can answer the questions, the better shape you’ll be in for the test