INDG101 Quiz - Weeks 8/9 | Quizlet

Aboriginal VS Treaty Rights

Aboriginal rights: Anything to do w/ being Indigenous (applies to inherent rights of people Indigenous to Turtle Island)

Treaty rights: negotiated

Aboriginal Title

-Right of Indigenous people to own & make decisions about traditional lands/waters/ways of being

-Sui generis (unique)

Terminology: First Nations

-First used in 1980, during "First Nations Assembly"

-Used to distinguish First Nations among other nations (French and English)

"Indian" Magna Carta

-Royal Proclamation of 1763 (It was the be all/end all)

-Recognized Aboriginal Title

-Paved way for treaty making

-Recognizes Indigenous peoples as sovereign nations

Section 25

-Canada's charter to rights and freedom

-Says that rights of freedoms (for citizens) CANNOT override Indigenous rights that were written in the royal proclamation

Issues of Section 35 of the Constitution

-Reinforces colonialism by recognizing Canadian law as "supreme"

-Aboriginal rights are placed under

3 things that the royal proclamation did:

1. Recognizes sovereign nations

2. Acknowledges that nations own the lands they use and occupy

3. Opens the way for treaty making processes between the Crown and first peoples

Section 91 (24)

Federal government jurisdiction over First Peoples

Section 92

Provincial jurisdiction over lands & resources

Section 35

-Recognizes Indigenous rights

-Specifies: Inuit, Métis, First Nations

-Treaty rights & affirms Aboriginal title

Section 52

Claims that the Constitution of Canada is supreme law in the country

St Catherine's Milling Case

-First test of title in Canda - 1888

-Title Case

-Between Milling Company & various Anishinaabe

-Between province and Canada

-Ontario claimed that land was transferred to province through treaty #3 (they were correct)

-Outcome: Aboriginal title granted by the Crown through Royal Proclamation

Calder Case

-1973

-Frank Calder & Nisga'a elders sued BC gov, claiming that lands had never been lawfully extinguished

-Nisga'a appealed to supreme court

-Supreme Court recognized their right through Royal Proc, outside of colonial law.

-Outcome : 3-3-1 (Almost half of justices say that Aboriginal title still exists)

Nisga'a Final Agreement

First treaty in BC in nearly 100 years

Baker Lake Case

-Inuit sue Minister of Indian Affairs to stop mining project that would affect caribou

-Justice Mahoney found that Inuit met all criteria

-Question: had lands been extinguished with transfer of lands to HBC and admission of Rupert's land in Canada? Conclusion: land had not been extinguished

What important implication did Baker Lake Case have?

Showed that Aboriginal title can coexist with with settlement/development by non-Indigneous people

Sparrow Case

1990

-Arrest of Sparrow for fishing with a net that was "too long" (Musqueam man)

-Sparrow vs Crown

-Sparrow won in Supreme Court (1990)

-Outcome: "Sparrow Test" : to determine whether governmental infringement on Aboriginal rights was justifiable

What does the Sparrow Case show?

That Aboriginal title is NOT absolute

Specific vs Comprehensive Land Claims

Comprehensive Land Claims: Aboriginal peoples' traditional use and occupancy of land

Specific Land Claims: Based on assertions that government failed to deliver specific obligations under treaties/agreements/Indian Act

William Tsilhqot'in Decision

-2014

-Title & rights case

-BC court of appeal

-Outcome: broadened the application of Aboriginal rights (Supreme Court)

Band Councils

-From 1876 Indian Act

-To replace traditional Indigenous governments / and make leadership structure that more closely resembled Canada's

-Not sovereign

-Usually underfunded by federal government

Six Nations Grand River Territory

1924 - Federal officials order mounties to invade their lands to replace chiefs and clan mothers with a band council

The Recognition and Reconciliation of Rights Policy for Treaty Negotiations in British Columbia: "The Policy" makes clear that...

Negotiation processes should be based on inherent rights of Indigenous peoples