1. To what extent has Canada affirmed collective rights? Chapter 4

2. Chapter 4 Focus Questions  1 What laws recognize the collective rights of First Nations peoples?  2 What collective rights do official language groups have under the Charter?  3 What laws recognize the collective rights of the Métis?

3. Your overall goal for Chapter 4  To investigate and consider how legislation, over time, has acknowledged the collective rights of Francophones, Anglophones, First Nations, Métis and Inuit, and how it has impacted these groups’ sense of belonging and collective identity in Canada.  Affirm – means to uphold or confirm what is stated to be true. When a bill/law is passed to affirm a right it means to uphold and protect that right.  Affirm also means to acknowledge or feel accepted.

4. What makes Canada Unique?  Graffiti activity: In your row, create a giant graffiti poster that shows why Canada is unique from other Nations in the World. Use words, phrases, symbols, drawings etc. Focus on our land, people, rights etc.  Following Activity: Are there any themes related to citizenship and identity?

5. Collective Rights Make Canada Unique P.118  Sets Canada apart from other countries like the U.S.A where no groups (peoples) have collective rights recognized in constitution.  Collective Rights in Canada:  What: Rights guaranteed to specific groups in Canadian society for historical and constitutional reasons. These are in addition to the individual rights under the Charter.

6. Collective Rights continued  Why do we have them?:  1.Collective Rights reflect the idea of mutual respect among peoples - By including collective rights in the Constitution (Charter of R and F) these groups are more easily able to ensure that their cultures and languages are protected.  2. These rights recognize the founding peoples contributions to Canada. This is done to affirm the collective identity of groups in society to create a Canadian society where people of different identities belong (enhance citizenship).

7. Collective Rights continued  Who has collective rights?:  1.Aboriginal peoples: First Nations, Métis and Inuit peoples  2. Official Language Groups: Francophones (French–speaking CNDs) and Anglophones ( English-speaking CNDs).  3.Others:  The Judiciary, Unions and to Denominational Schools (Roman Catholic and Protestant).

8. What laws recognize the collective rights of First Nations peoples? Lesson 1

9. What are we looking for in this Section  1. Examine how the Numbered Treaties recognize the status and identity of Aboriginal Peoples.  2. The ways First Nations and government have interpreted Treaties over time.  3. How the Indian Act attempted to define and assimilate First Nations peoples.  4. How First Nations peoples exercise their collective rights and preserve their identities.

10. How do we refer to Aboriginal People  When referring to or discussing Aboriginal Peoples we will use the terms: Aboriginal: referring to the founding peoples of Canada that were “native” to Canada (meaning originated in). These groups were the: First Nations, Inuit, and Métis. Try to always refer to a specific Aboriginal group to avoid generalizations. Indian: term used by early Europeans to describe the peoples they encountered in North America. Although the term is used in the Constitution and Legislation in Canada, it is seen as an offensive term to some individuals of First Nations descent. This is due to the stigma, stereotypes, and racist nature of how the term has become associated with First Nations peoples.

11. Aboriginal Collective rights Aboriginal rights: stem from a custom, a practice or a tradition that characterizes the culture of an Aboriginal group. 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; these rights are protected under section 35 of the Constitution.

12. What Collective rights do Aboriginal Peoples Have in Canada?  The Constitution Act of 1982 includes sections that recognize the rights of Aboriginal peoples. It reads: Section 35. (1) The existing Aboriginal and treaty rights of the Aboriginal peoples of Canada are hereby recognized and affirmed; (2) In this Act, ‘Aboriginal peoples of Canada’ includes the Indian, Inuit and Métis peoples of Canada. (3) ‘treaty rights’ include rights that now exist by way of land claims agreements or may be so acquired. (4) Aboriginal and treaty rights referred to in subsection (1) are guaranteed equally to male and female persons.

13. So its like that and that’s the way it is?  The collective rights of First Nations, Métis and Inuit peoples are a work in progress. Negotiations continue today, including negotiations to establish modern Treaties and to clarify rights related to the sovereignty of Aboriginal peoples.  More than 800 specific land claims in Canada are outstanding (in disagreement) according to the Indian Claims Commission. Introduction of Bill C–30 “The Specific Claims Tribunal Act (2008)” is designed to speed up the land claims process.

14. Treaty Activity Each row needs to negotiate a treaty with students seated in desk number 3 – these seats are needed in order to build a moving conveyor connecting all the rows. Student in desk 3 has no capability of fighting this takeover, requires a place to sit after the treaty is signed, will become the responsibility of the members of the row and must receive certain benefits for agreeing to give up their seat. Decide upon the best way to record your treaty.

15. Discussion  Why are Aboriginal Land claims, Treaty Rights, and collective rights in general difficult to negotiate?  Based on what you know right now, do you agree that in order to maintain a true Canadian identity we need to entrench collective rights in the constitution?  What pieces of legislation (i.e. treaties) affirms the rights of First Nations people in Canada

16. What are the Numbered Treaties?  Rooted in the Royal Proclamation of 1763 at the end of the Seven Years’ War where Great Britain essentially took control of Canada and had to stabilize relations with the French as well as First Nations Peoples of Canada.  The proclamation recognized F.N’s rights to the land and established the principle of making treaties through peaceful negotiation.  Series of 11Treaties signed between First Nations and the reigning Monarch of Canada between 1871 and 1921 – commissioned by the Government of Canada.

17. Why did the CND Gov’t want to sign the Numbered Treaties  Sir John A. Macdonald, (first P.M. of Canada) had a “National Dream” of building the Canadian Pacific Railway and settling the west.  In order for this to occur, the Government of Canada needed to obtain title (rights to/possession) of Rupert’s Land (AB, SASK, MAN) from the First Nations.  Both sides wanted to avoid conflict and war like the situation down south with the United States and its Aboriginal peoples.  In order to obtain title to these lands, the government proceeded in making a series of 11 treaties that would secure these lands and the rights associated (mineral rights etc.).

18. What are the Numbered Treaties? Cont.  The treaties were agreements between the groups over land and compensation for that land.  In the treaties, First Nations people agreed to share the land in exchange for guarantees from the Canadian gov’t such as protection of land, resource usage, and the provision of education, health, reserves, annuities and other issues.  Most Treaties also guarantee some traditional fishing and hunting rights.

19. Why the conflict in perspectives? First Nations Perspective The First Nations people view the treaties as permanent and believe that they did not give up their land, but rather agreed to live in harmony with the Europeans on that land. The First Nations recorded the Treaties in their oral histories (The courts have ruled that the oral history and Aboriginal peoples’ understanding of a Treaty must be considered when determining the true nature of a Treaty.) Canadian Gov’t Perspective The Canadian Gov’t believes that the First Nations gave up their land in these treaties. Government recorded treaties in writing. Since 1982, Treaty rights have been recognized and affirmed under the Constitution.

20. Map of the Numbered Treaties Which Treaties affect Alberta? What problems do you see in Treaty boundaries ?

21. First Nations Perspective on the Numbered Treaties  First Nations people see the treaties as a way to maintain their culture and identity, as the treaties provided certain guarantees that the First Nations’ way of life (such as hunting, fishing, trapping, and their relationship with the land) would not be compromised.  The treaties are agreements that last until the end of times.

22. Review Questions  What were the Numbered Treaties?  Why were the Numbered Treaties signed (both the Aboriginal and CND Gov’t perspectives)?  What did the First Nations peoples receive in return for the rights to their land?  How did the Numbered Treaties affirm the collective rights and identities of First Nations peoples?  Why have the First Nations and the Canadian government interpreted the treaties differently from one another?

23. What is the Indian Act?  The Numbered Treaties confirmed the CND Gov’t’s duty to protect the collective rights of First Nations. The Indian Act was one way the government attempted to do this.  Passed in1876, the Indian Act reflected the government’s concern with land ownership, First Nations membership and local government, and assimilation of Canada’s Aboriginal population.  The Act was created with the overall purpose of outlining the process the government would follow in administering Treaty rights

24. Indian Act continued  The Act was created without consultation with the First Nations because the CND government possessed a Eurocentric view (their culture was superior) and felt it was below them to negotiate with inferior peoples.  The Act defined who was a registered “status Indian” and therefore, the government was able to control who received treaty rights and who did not.  The Indian Act regulates band membership and government, taxation, lands and resources, money management, wills and estates, and education.

25. Indian Act continued  The Act originally aimed to assimilate First Nations (prevent them from practicing their culture and make them more Canadian). Residential Schools were created to speed up this process. Residential School TimelineResidential School Timeline  The Act described how First Nations had to govern themselves and conduct their affairs even though they had their own methods of governance.  At some points in history, the Act restricted the rights of F.N. to travel freely, vote or take political action, wear traditional dress, and practice traditions and ceremonies.

26. Changes to the Indian act p. 138  The government has tried on numerous occasions to amend the Indian Act:  In 1985, Parliament passed Bill C–31, an Act to Amend the Indian Act. Bill C–31 attempted to bring the Act into alignment with the Canadian Charter of Rights and Freedoms. The three principles that guided the amendments to the Indian Act were:  – removal of discrimination; treat men, women, and children equally regardless of sex, marital status, birth rights etc.  – restoring status and membership rights to those that had lost them due to past agreements.  – increasing control of Indian bands over their own affairs (sovereignty – ability to self govern and control their own affairs).  Bill C–31 failed to meet these objectives. There has been litigation both by bands asserting self-government rights and by women asserting continued discrimination under s. 15 of the Charter.

27. Changes to the Indian act p. 138  Read the article about Bill C-61, The First Nations Governance Act on p. 138 and answer the following:  What issues about updating the Indian Act does this news article reveal?

28. First Nations Perspective of the Indian Act  Canada's youngest national Aboriginal leader, Patrick Brazeau, National Chief of the Congress of Aboriginal Peoples provides an overview of Canada's Indian Act Canada's Indian Act  While watching jot notes for the following: 1.What issues/problems are associated with the Indian Act from the First Nations perspective 2.What solutions does Chief Brazeau offer?

29. Review Questions  What was the Indian Act? What powers did it give the Canadian Government?  Why did the Canadian Government create the Indian Act?  What are some of the issues created by the Indian Act that concern First Nations People?  How does the Indian Act affirm the rights and identity of First Nations People?  What changes to the Act are First Nations People looking for?