The Extinguishing of Aboriginal Rights

 Explicitly recognizes Aboriginal title = Aboriginal land ownership and authority are recognized by the Crown as continuing under British sovereignty THE ROYAL PROCLAMATION IS SIGNED

 States that only the Crown could acquire lands from First Nations and only by treaty THE ROYAL PROCLAMATION IS SIGNED

1867 Canada is created through the BNA Act.

 The British North America Act (BNA Act), now called the Constitution Act of 1867, created the country of Canada and continued the policy of discriminating against First Nations people by enforcing government control – THE BNA ACT

 The BNA Act created a “division of power” = control between 2 levels of government.  The federal government took responsibility for “Indian affairs” – meaning the governance of First Nations communities and lives – THE BNA ACT

 The provincial governments, however, controlled the land and natural resources, which gave them power to regulate land uses such as hunting, trapping, fishing, and forestry, and to ignore Aboriginal resource management systems – THE BNA ACT

 Furthermore, the provinces determined which lands were used for reserves.  BC was still a colony when Canada was created and followed its own policies for administering First Nations affairs – THE BNA ACT

 Under the direction of Joseph Trutch, Aboriginal title to the land was denied ; the Royal Proclamation was ignored or dismissed as irrelevant in BC = the colonial government refused to negotiate treaties – BC

 By 1870, most BC politicians were in favour of joining the new country, since the costs of running the colony were becoming too great.  First Nations had no part in negotiations regarding BC’s entry into Confederation – BC

 Trutch decided on most of the Terms of Union for BC.  Terms of Union = the parameters/agreements used to unite BC with Canada (railroad + pay debts); to join Confederation – BC

 Confederation = was the process by which the federal Dominion of Canada was formed on July 1, 1867; three British colonies became four provinces (Ont, Que, NB, NS) of the new country – BC

 Federal politicians did not understand clearly the conditions experienced by First Nations in BC; they assumed they were similar to First Nations in Ontario who had signed treaties by – BC

 The Red River Rebellion ( ) in Manitoba with Louis Riel and the Metis was on the minds of BC politicians, and they wanted to ensure that they would not be held liable for the costs of any “Indian Wars.” 1870 – BC

 The Terms of the Union made no mention of Aboriginal title to land, or the need for treaties to be negotiated in the future; they do state vaguely that BC will transfer lands to the federal government for Indian reserves – BC

 BC joined Canada in 1871 and Trutch became the new provinces first lieutenant-governor.  A Superintendent of Indian Affairs for BC was appointed by Ottawa = Dr. Israel Powell – BC JOINS CANADA

 Powell divided the province into regions called “Agencies,” each administered by an Indian Agent, they decided what reserve lands had been allocated for First Nations before Confederation, and continued to assign reserve land – BC JOINS CANADA

 Treaties were now negotiated by the Canadian government.  Some PMs recognized Aboriginal title, others did not. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Treaties = A formal agreement between two groups; agreements between First Nations and the federal government to clear land of Aboriginal title; given up in exchange for other goods/services/benefits and/or reserves; acknowledges land title. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Title = means the right to possess land or property; “Aboriginal title” is based on Aboriginal people’s long standing occupancy and use of the land as the descendants of the original inhabitants of North America. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Aboriginal Peoples signed treaties with the Canadian Government because their traditional way of life was changing/passing = knew would have to adjust to the changing environment + culture. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Aboriginal leaders wanted peaceful accommodation on the best terms possible = did not want a bloodbath like in the USA + may not have fully grasp the rights they surrendered. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 In the 1870s, Treaties 1-7 were signed with First Nations on the prairies, allotting 160 acres or more to each family. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 In BC, First Nations leaders hoped that these treaties would be signed with them as it established Aboriginal title existed even if the terms were less than favourable, but they continued to be restricted to reserves. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Reserves = Lands set aside for the exclusive use of First Nations People; specified by the Indian Act as a "tract of land, the legal title to which is vested in Her Majesty, that has been set apart by Her Majesty for the use and benefit of a band." CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 The 1867 Constitution Act = Canada instituted a policy of Aboriginal assimilation.  The forced assimilation of Canadian Aboriginal people into European-Canadian culture. IMBEDDED IN THE CANADIAN CONSTITUTION

 Assimilation = the practice of forcing an individual or a cultural group to stop being who he/she/they are and to become someone else/become part of the dominant culture. IMBEDDED IN THE CANADIAN CONSTITUTION

 When Canada became a country (1867), the Department of Indian Affairs (DIA) was created to administer policies regarding First Nations. IMBEDDED IN THE CANADIAN CONSTITUTION

 In 1876, the Indian Act was passed and it created Status Indians, Indian bands and Indian Agents. IMBEDDED IN THE CANADIAN CONSTITUTION

 Complete the Reflection Questions Part One in small group discussions using the accompanying handout.

 The Indian Act of 1876 combined earlier colonial and federal laws into one act, and included clauses about land, Indian Status, and local government THE INDIAN ACT IS ESTABLISHED

 One of the aims of the Indian Act was to assimilate First Nations people into mainstream Canadian society THE INDIAN ACT IS ESTABLISHED

 Yet, one of the results of the Indian Act was to keep First Nations societies distinct and unassimilated THE INDIAN ACT IS ESTABLISHED

 Under the Indian Act, First Nations saw control of their lives, land and livelihood taken away and put into the hands of government officials THE INDIAN ACT IS ESTABLISHED

 The Indian Act influences all aspects of Aboriginal life from cradle to grave ; created to “protect” Aboriginals THE INDIAN ACT IS ESTABLISHED

 Defines who is a “Status Indian” = are wards of the government; “children” in need of parental care THE INDIAN ACT IS ESTABLISHED

 At the time, the legal definition of “ Status Indian ” included:  People who are entitled to have their names included on the Indian Register, an official list maintained by the federal government STATUS INDIAN IS ESTABLISHED

 Certain criteria determined who can be registered as a Status Indian; this criteria was determined arbitrarily by the federal government STATUS INDIAN IS ESTABLISHED

 Before 1951, “Status Indians” were not “people” under the law and were denied certain rights that other Canadians enjoyed THE INDIAN ACT IS ESTABLISHED

 Status Indians could only become “persons” by voluntary enfranchisement.  Only then could they vote, own property, or enjoy other Canadian rights THE INDIAN ACT IS ESTABLISHED

 Enfranchisement = gives people the right to vote in elections; First Nations could only vote if they relinquished/ gave up their Indian Status.  First Nations got the right to vote in Canada in THE INDIAN ACT IS ESTABLISHED

 Up until 1985 (C-31), you could lose your status by:  Voting = if you voted you gave up Indian Status  Marrying = marrying a non- status Indian (applied to women only) 1876 THE INDIAN ACT IS ESTABLISHED

 Left the country/Foreign residence = lived outside of Canada for more than five years  Attended post-secondary school = if you went to college or university (?) 1876 THE INDIAN ACT IS ESTABLISHED

 The Indian Act also made it a crime for anyone falling under the Act to own or consume alcohol, and an inebriated person could be thrown in jail immediately and fined in court the next day THE INDIAN ACT IS ESTABLISHED

 It was also against the law for anyone to sell alcohol to Status Indians, and suppliers were frequently given harsh fines THE INDIAN ACT IS ESTABLISHED

 These paternalistic laws were for ‘their own good’ but it only served to push the use of alcohol underground and contributed to one of the most serious issues that First Nations face: alcohol abuse THE INDIAN ACT IS ESTABLISHED

 The Indian Act further dictated the structure of local First Nation’s governments, ignoring traditional forms of governance THE INDIAN ACT IS ESTABLISHED

 Modelled after the Euro-Canadian elected town council, a band council was created, led by an elected chief councillor (a hereditary or non-hereditary chief) rather then a mayor; imposing an electoral system created major disruptions THE INDIAN ACT IS ESTABLISHED

 The Department of Indian Affairs (today the Department for Aboriginal Affairs and Northern Development ) created a complex bureaucracy of Superintendents to Indian Agents THE INDIAN ACT IS ESTABLISHED

 Originally there were 100 clauses in the Indian Act, today are almost 200 clauses because of amendments that reflect changing conditions THE INDIAN ACT IS ESTABLISHED

 Although the Act gives some benefits to Aboriginal people, these have been outweighed by the discrimination and oppression embedded in it THE INDIAN ACT IS ESTABLISHED

 Many Aboriginal leaders and everyday people Aboriginal and non-Aboriginal alike, assert it is an archaic, paternalistic and neo-colonist act that must cease to exist THE INDIAN ACT IS ESTABLISHED

 Complete the Reflection Questions Part Two in small group discussions using the accompanying handout.

 Once the Indian Act was in force, the reserve system was fully enforced in BC; First Nations were not permitted to own land because they had become wards of the state under the Indian Act. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 This shocked First Nations as they always had stewardship over the land. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Indian reserves were meant to be temporary until First Nations assimilated into mainstream society and could buy property like other Canadians. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 An Indian Reserve Commissioner was appointed in BC to oversee the reserve process.  The first was G.M. Sproat, who had lived among the Nuu-chah-nulth, and was generous in allotting reserves. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Sproat was forced to resign because he was too generous and Peter O’Reilly, Trutch’s brother-in-law, assumed the position instead. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Everywhere O’Reilly went to implement reserves, he was met with resistance and the call to recognize Aboriginal title. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 First Nations resisted the alienation of their lands and protested the loss of their rights through travelling to meet Euro-Canadian leaders face to face, had local missionaries transcribe letters and petitions, and protested outside government buildings. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 The Sto:lo, Nisga’a and Tsimshian were among the earliest First Nations to take up action against the reserve surveyors, reserve sizes and Indian Agents. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 In 1887, the Nisga’a and Tsimshian went to Victoria and met with the premier of BC, William Smithe, to make the case for a treaty using the Royal Proclamation and Lord Dufferin’s (GG of Canada) words : Canada recognizes them “as the ancient inhabitant of the country.” CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 The government kept returning to the idea of Indian reserves and the premier even stated that there were no such thing as a treaty in Canada. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 A Royal Commission was set in motion to travel to the north coast and meet with the people.  Ultimately, it did nothing to settle land claims or the question of Aboriginal title. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 In 1884 the government attacked the central expression of Northwest Coast culture and banned the potlatch under the Indian Act in an attempt to stop First Nations from continuing their traditional rights and practices. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Between 1870 and 1877, the federal government negotiated Treaties 1 to 7 as part of a strategy of opening up the west for settlement (to settle the Prairies ) following the Royal Proclamation. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 The region north of the Prairies, from Saskatchewan across to the Rocky Mountains, were occupied by the Dunne-za, Sekani, Dene- thah, Chipewyan, and Cree ; had little farming potential. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Even before the gold miners, the people of this area had called for a treaty because their way of life had changed due to the fur trade and the end of this once lucrative economy. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 1897 brought more prospectors as part of the Klondike Gold Rush.  Some men behaved in complete disregard for First Nations - shot horses + destroyed trap lines – First Nations retaliated. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 By 1898 it was obvious something had to be done before violence or an “Indian War” broke out. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 A process was set in motion to sign a treaty with the First Nations of the vast territory in Northern Alberta & Saskatchewan, the southern Yukon, and in the Peace River region of BC. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 But BC’s government clearly stated that it did not recognize Aboriginal Title and would give no provincial land for treaties ; the federal government tried to get BC involved but Victoria ignored invites to participate. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 The Canadian government had a way around the issue: previously BC had given a large tract of land in the Peace River to Canada as part of the deal to build railways in BC. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Now BC had no say in the matter of how this land was used.  Treaty 8 came into existence June 21, CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 The BC government remained silent to maintain its stand that Aboriginal Title did not exist, yet Treaty 8 stood as proof that the Royal Proclamation of 1763 applied to BC and the Aboriginal title was recognized. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 On of the first attempts to organize the First Nations of BC came in 1909 with the formation of a group called the Indian Tribes of BC, and around the same time, non-Aboriginal people created the Committee of Friends of the Indians. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 In March of 1911, the Indian Tribes of BC held a conference in Victoria to discuss issues important to them and to meet with the premier of the day, Richard McBride. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 At the opening of the conference, Rev. C.M. Tate, minister and leader of the Committee of Friends, presented a draft petition for the group to sign. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Peter Kelly, the Haida representative from Skidegate, jumped up and spoke eloquently against Tate’s petition stating that First Nations people needed to make their own statements. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Peter Kelly argued that they should discuss fully their intentions and their demands (the colony never established title to the land) and present them to the premier. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 After three days of discussion, the leaders agreed, and appointed Kelly to be their speaker. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 On March 3, 1911, nearly 100 chiefs and leaders from all parts of BC met Premier McBride; Chief Chiekleets of Douglas Lake headed the delegation and Kelly read the unified statement of the chiefs. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 McBride would not consider the question of Aboriginal title – the province once again made its position clear – the province resolutely rejected the notion of Aboriginal title. CANADA IS IN CHARGE OF ABORIGINAL PEOPLES

 Complete the Reflection Questions Part Three in small group discussions using the accompanying handout.

State and Church Education