First Nations Rights

The Treaty System

•  A treaty is a legal agreement between peoples or states, often involving land

•  Canada had a history of treaties with First Nations in Upper and Lower Canada before Confederation

•  Eleven treaties were made between the government and First Nations between 1871 and 1921 – the “Numbered Treaties” took up much of Rupert’s Land

•  In return for signing the treaties, the government promised to build schools on reservations and to provide farming tools and supplies to the Natives

Reservation System/Land Claims

• Many Natives of Quebec, British Columbia and much of the current Northwest Territories never signed a treaty, but lost their land anyway

• As a result, their aboriginal and legal rights to lands are still intact as affirmed by law and the Supreme Court of Canada

• Land rights entrenched in Charter of Rights and Freedoms – “all existing rights”

• Source of legal issues and conflicts

• Substandard living conditions on many reserves

Residential Schools

•  Federal government assumed responsibility for educating Natives under Indian Act

•  Enforced policy of assimilation within schools

•  Schools administered by churches (Protestant and Catholic)

•  Children were forced to leave home and give up culture and language, and were abused if they did not

•  Most Natives educated in residential schools until 1970s; final residential school closed in 1990s

•  Cdn. government lost lawsuit + paid all plaintiffs

Indian Act of 1876

•  Government felt need to entrench policy toward Natives as an act of Parliament – how Canada should deal with the “Indian problem”, as it was phrased

•  Canada’s official policy was “assimilation”

  • Natives were encouraged to give up their culture to be “Canadian”

•  Pros: schools, medical care, hunting & fishing rights, payments, tax exemptions, and “special status” all provided by Canadian government

•  Cons: could not own land, could not vote (until 1960), traditional activities (potlatch) were outlawed, being “Indian” conflicted with Canadian citizenship

The White Paper

•  Chrétien and Trudeau saw the need for new government policy toward Natives, so they wrote the White Paper in 1969

•  Case for new policy – Aboriginals should have full rights as Canadians

•  Legal Structure – 1. Remove Indian Act + give equal rights; 2. No discrimination b/c Canada is just; 3. Racial tension, Natives angry on losing status?

•  Indian Cultural heritage – 1. Culture should be shared with all Canadians; 2. Aboriginals are underappreciated

The Oka Crisis (1990)

•  Town of Oka, QC wanted to extend a golf course onto traditionally Mohawk land

•  Mohawk warriors blockaded roads for over 6 months

•  Police stormed the blockade, and one officer was killed

•  Canadian Army was called in – standoff with Mohawk warriors

•  Can. govt. bought the land and transferred it to Kanesatake FN

Healing Circles and Restorative Justice

Aboriginal restorative justice focuses on healing the harm caused by an offence and rehabilitating the offender, aligning with traditional Indigenous views of justice. A key component is the healing circle, which includes the offender, elders, community members, and sometimes the victim. The circle discusses the impact of the offence, explores its root causes (like addiction or abuse), and works toward a consensus on how to repair the harm.

Possible remedies may include counselling, community service, traditional practices, direct restitution, or even public storytelling. This process can be more challenging than jail, as offenders must face their actions, and victims often feel more empowered and less traumatized.

Reaction to the White Paper

WPIP proposed to end special status and to abolish reserves; the solution proposed was the assimilation of Natives into mainstream culture

Native groups were upset at losing their rights and called the White Paper “cultural genocide”

Lobby groups were formed to represent Natives

White Paper withdrawn in 1971 after public outcry

Status vs. Non-Status “Indians”

•  Indian Act (1876) defined privileges and rights of Natives, including “special status”

•  “Status Indians” have legal rights under Indian Act or as Registered Indians (where no treaties were signed)

•  “Non-status Indians” retain their cultural identity, but have given up “special status” for gaining rights as Canadians (moved off-reserve, joined the military, obtained higher education, married a non-status Indian)

•  Definitions have started to be revisited, but still a significant source of conflict today

Problems with the Treaties

•  No concept of land ownership in Native culture

•  Treaties were a sign of friendship from Natives, not a binding legal arrangement

•  Natives did not understand English

•  Natives were afraid of treatment like in the US

•  Natives did not have much choice in the matter:

  • Canadians were pushing them off their land anyway

  • Buffalo were becoming extinct

  • Disease had killed up to 75% of their population

Impact of the Treaties

• Severe droughts on the prairies in 1880s made it difficult for the Native people to take up farming

• Government agents cheated the Natives and kept supplies for themselves

• Much distrust of government, but little choice for Natives but to keep making treaties

1. Allowed Canada to peacefully expand into West

2. Relations between Canada and Natives strained

3. Entrenched “reserve” system

4. Many legal issues still arise from treaties