Canadian Aborginal Relations 1968 - 2000

Up To Now… 1960 – The right to vote Could only drink alcohol on the reserves Relations not good but not getting worst Before this if they wanted to vote they had to give up native status. Diefenbaker gave them the right to vote in federal elections with out having to give up their status.

1969 – White and Red Papers Trudeau comes to power and stops all negotiation with Native peoples. Led by Jean Chretien – Minister of Indian Affairs Had some good and bad points. Native groups create the Red papers. his government argued that Canada shouldn't negotiate any further treaties with the Native peoples. Trudeau believed treaties were something only signed between sovereign nations. His government also did not agree with Aboriginal land rights claims, either, because they were too broad and unspecific. Aboriginals feared this stance would undermine their special rights and status within Canadian society. It set up money to help aboriginals, land control should be transferred to aboriginal peoples, etc But also stopped all treaties between the government and natives, “treaties are for countries which they aren’t”, turned down most land claims, to broad, Red papers: The government wrongly thinks that the Crown owns reserve lands. The Crown merely "holds" such lands, though they belong to Aboriginals. The government also thinks that Aboriginals only can own land in the Old World, European sense of land ownership. Therefore, the Aboriginal peoples should be allowed to control land in a way that respects both their historical and legal rights., The Department of Indian and Northern Affairs should cease to exist in its archaic and paternalistic. aboriginals reject the appointment of a sole commissioner in a royal commission because he will be appointed by the government itself to protect its interests without Aboriginal consultation. The government, instead, should call an "independent, unbiased, unprejudiced" commission that should have the power to bring any witnesses or documents that it or the Aboriginals wish to present. Its judgments should be legally binding.

1969 - 1970 – Drybones Case Joseph Drybones Wrong place, Wrong time. Goes to Supreme Court. Canadian Bill of Rights now highest law in the land. Discriminatory provisions in this act that once made it illegal for Aboriginals to vote in elections, leave their reserves without permission or drink alcohol have either since been repealed or are generally no longer enforced. In 1969, an Aboriginal man named Joseph Drybones was found drunk in a Yellowknife hotel lobby and was arrested. While the Indian Act now allowed Aboriginals to drink, they could only do so on reserves. At the time, no reserves existed in the Northwest Territories. Supreme courtwho found that the police had discriminated against him because of his race when they charged him with drunkenness. This ruling effectively caused the no-drinking clause in the Indian Act to fall into disuse. “empowered the courts to strike down federal legislation which offended its dictates”

1973 – Calder Case Frank Arthur Calder Nisga claim ownership of land in BC Goes to Supreme Court Court rejects claim but rules that Aboriginals do have a right to claim certain lands. Frank Arthur Calder, a member of the federal Cabinet, sued the British Columbian government over land claims issues outstanding in the province with the Nisga’a tribe. The issue went to the Supreme Court of Canada, which ruled that aboriginal rights to the land did exist, particularly under the Royal Proclamation of 1763 and subsequent government implementation of that proclamation. This ruling forced Pierre Trudeau's government to reconsider its federal Aboriginal policy once again, which opened the door to discussion on the intent and meaning of all Indian treaties.

James Bay and Northern Quebec Agreement 1975 Cree, Inuit, vs. Quebec government / Hydro – Quebec Same old story Huge amount of land given up for $$, health care and governing rights. This was, notably, the first major land cession deal signed since the early twentieth century. It gave Inuit and Cree people in northern Québec significant amounts of money - $225 million - and hunting and fishing rights to land that was to be surrendered to the provincial government. The Québec provincial government wanted large portions of land in the northern half of the province for the purposes of building hydroelectric dams. Environmental social protections -everything about the 55th latitude belongs to Kativik Environmental Advisory Committee. Economic development -direct financial compensation – some 225 million to be managed and used for native economic development through three native-owned development corporations. Education -the agreement provided for the establishment of the Cree School Board for Cree villages, the Kativik School Board, encouraged study in their own language Local government The ran their own municipalities Health services -got money to provide better health care

Constitution - 1982 Oh, this thing again. Sets rights in stone Does it go too far? Does it go far enough? Rights – land claims, higher then law

Western Artic Claims Settlement Act 1984 Negotiation They lose land They gain control A sign of things to come It was meant to protect the area's wildlife and Inuit culture, and give the Inuit people of the Western Arctic control over their natural resources. This act cannot be changed without the approval of the Inuit living here.

Bill C-31 1985 Indian status to Métis All Aboriginals living off reserve land keep status and rights.
 All Aboriginal women who had lost their status by marrying a non-Aboriginal man gain status back.

Meech Lake and Charlottetown Accords Meech Lake – Elijah Harper, Manitoban MLA and native rights advocate, votes against Meech Lake Accord. Charlottetown – self government, a seat in the senate, more land claims, but…. National votes kills accord.

The Oka Crisis - 1990 Proposal to build a golf course on land claimed by Mohawks in Kanesatake, Quebec Native protesters setup road blocks. Armed standoff with Quebec Police Never consulted Mohawk leaders, Police storm barricade but beat back, tear gas blows back at them, left 6 cars and a bulldozer, one cop killed. Native groups set up blockades all over Canada in support, becoming national problem (Montréal bridge). Comments made by politicians make situation worst.

Crisis Continues The army is sent in, looks like a war zone. Groups start to negotiate Barricades fall one by one Oka protestors start to dismantle defences They leave area, most arrested

Results 78 days one person killed millions lost relations worsen Why is this important? Opens more land claims, more blockades, even today.

Nunavut Territory - 1999 Talking does work Inuit get the power Environment saved Relations improved A new territory was created in the eastern Arctic in 1999 as a result of the Nunavut Land Claims Agreement in 1993. The federal government gave some of this land to the Inuit specifically for living, hunting and controlling sub-surface resources. The government is also now paying the territory almost $1.2 billion for the sole purpose of retaining non-Inuit property during a 15-year period.

Conclusion Relations good, but not great Land claims still occurring Blockades still being built More open dialogue