Indigenous Studies 101: Treaties, Land Claims, and Indigenous Rights and Title

Vocabulary flashcards to help study key terms and concepts related to treaties, land claims, and Indigenous rights.

Indigenous Sovereignty

The inherent right and responsibility of Indigenous Nations to govern themselves, protect lands and resources, and enter into relationships with other Nations.

Peace and Friendship Treaties

Agreements made to end hostilities and promote cooperation between colonial governments and First Nations without surrendering land rights.

Royal Proclamation (1763)

Recognizes First Peoples as Sovereign Nations and affirms Aboriginal Title to land, requiring negotiations for title acquisition.

Aboriginal Rights

Practices, customs, and traditions unique to a First Nation that are constitutionally protected under Section 35.

Aboriginal Title

The inherent right of Indigenous Peoples to land or territory itself, stemming from use and occupation.

Douglas Treaties

Treaties signed between First Nations and British colonists on Vancouver Island from 1850 to 1854.

Indian Act (1876)

Legislation consolidating existing laws regarding First Nations, aiming to control Indigenous lands and governance.

Fiduciary Duty

The obligation of the Federal Government to act in the best interests of Indigenous Peoples regarding land and resource decisions.

Numbered Treaties

A series of treaties between First Nations and Canada from 1871 to 1921, addressing land rights amidst westward colonization.

Sparrow Case

A landmark Supreme Court decision affirming Musqueam's fishing rights under Section 35 of the Constitution Act.

Delgamuukw Decision

The Supreme Court ruling recognizing Aboriginal Title and validating oral traditions as evidence in legal proceedings.

Modern Treaties

Comprehensive land claims agreements addressing rights not covered by previous treaties, negotiated with the federal government.

Oral Tradition

Knowledge shared through story, song, and ceremony, recognized as valid evidence in courts.

Crown

The British monarchy, symbolically representing the government in treaties and legal obligations toward First Nations.

Treaties

Formal agreements between sovereign nations outlining mutual obligations, often regarding land rights.

Indian Treaty Medal

A bronze piece commemorating treaties signed between Indigenous Nations and colonial governments.

Section 35

Part of the Constitution Act of 1982 that recognizes and affirms the existing Aboriginal and treaty rights of Canada's Indigenous Peoples.

Community Rights

Rights pertaining to the collective rather than individual, particularly relevant to Indigenous governance and title.

Terra Nullius

The legal notion used by settlers claiming land as void of ownership, often applied to Indigenous lands.

Colonial Objectives

Goals of colonial powers in establishing reserves to further control over Indigenous populations and lands.