Indigenous Sovereignty and Rights

These flashcards cover key terms and concepts related to Indigenous sovereignty, law, treaties, and rights as discussed in the lecture notes.

Indigenous Sovereignty

The inherent right and responsibility of Indigenous nations to govern themselves and protect traditional lands and resources.

Indigenous Law

Laws unique to each Indigenous nation, generally not written down, but passed down through customs, legends, and oral traditions.

Oral Treaties

Agreements made verbally between Original Peoples to settle disputes, often sealed by ceremony.

Treaties

Formal agreements between sovereign nations outlining mutual obligations and rights regarding land and resources.

Peace and Friendship Treaties

Agreements made to end hostilities and promote cooperation, without Indigenous surrendering rights to lands.

Royal Proclamation of 1763

A document recognizing Indigenous peoples as sovereign nations and requiring negotiations for land title.

Fiduciary Relationship

A trust-like relationship where the government is legally obligated to act in the best interests of Indigenous peoples.

Indian Act of 1876

Legislation that consolidated governance over First Nations, aimed at controlling Indigenous land and eliminating Indigenous governance.

Numbered Treaties

A series of post-Confederation treaties between First Nations and Canada regarding land and resource rights.

Aboriginal Title

The inherent right of Indigenous peoples to land based on their continued use and occupation of territories.

Sparrow Case

A Supreme Court case confirming Aboriginal rights, establishing that such rights cannot be extinguished without justification.

Modern Treaties

Comprehensive land claims agreements addressing unresolved Indigenous rights related to land and resources.

Delgamuukw v. BC

A landmark Supreme Court decision affirming that Aboriginal title exists and is protected under the Constitution.

Tsilhqot’in Land Claim

The first declaration of Aboriginal title in Canadian history, recognizing land rights based on Indigenous occupancy.