Collective Rights study guide

highkey didnt understand that whole unit.

Perspective

particular attitude toward or way of regarding something

point of view

personal view

collective rights

• belong to a group of people

• affirm collective identity of groups

• create a society where people of different identities belong

• only Canada has them

• protected in charter

• made in 1982 with the constitution

who holds collective rights

• Aboriginal peoples (First Nations, Metis, and Inuit)

• Francophones (French speakers)

• Anglophones (English Speakers)

why do these groups hold collective rights

• recognize the first people of Canada and founding people of Canada

• recognizes First Nations, Metis, and Inuit (FNMI) as Canada’s first people

legislation and policy affecting collective rights

• historical and modern treaties

• Canada’s constitution

• Indian act

• Manitoba act

Francophone

• English used to be the language of business in Quebec

• F.L.Q started

• once it ended, Quebec voted in a new premier, which made bill 101, making French the official language

official bilingualism

• two official languages

  • French

  • English

• section 16 - 20

• language rights apply in federal

  • in New Brunswick, citizens can deal with the provincial government in English or French

Minority language

one of the official languages spoken in a minority in a certain area

minority language education rights

• section 23

• states Francophone and Anglophone minority population of a sufficient size has access to publicly funded schools in their language

Francophone rights protected in Quebec

• Charter gives citizens the right to use both French and English

• Bill 101 promotes the use of French over English as much as possible

Bill 101 

• French over English as much as possible

• Quebec law to protect and promote French in Quebec  

  • French expresses their identity 

  • French should be the language of government, work, education, and business

Bill 101 problems

it banned the use of English on commercial signs and restricted English schools

section 25

Any rights or freedoms that are recognized by the royal proclamation or land claims or treaties are now protected and a guaranteed right 

Section 35 

• existing Aboriginal and treaty rights of Indigenous Peoples of Canada are recognized and affirmed 

• Indigenous rights under treaties or other laws are now protected under the Constitution 

Legislation applied to indigenous rights  

• Historical and modern treaties 

• Canada's constitution 

• The Indian act 

• Manitoba act 

Numbered treaties 

Proclamation recognized the First nations right to land and made peaceful treaties with them 

Big idea of the royal proclamation of 1763 

• affirmed first nation sovereignty over their land 

• Create peaceful treaties

Treaty  

An agreement or arrangement by negotiation  

Why were the treaties signed  

• Government wanted to build the railway to link British Colombia to the rest of Canada 

• To avoid wars, like those happening to the south between the United States and Aboriginal people fighting over territory  

• Provide security to future indigenous generations, in the face of economic and social upheaval from smallpox epidemics, eradication of the buffalo, end of the fur trade, and pressure of European settlements  

• To prevent the United States from expanding its boarders' northwards  

Collective rights guaranteed by treaties 

• First nations agreed to share their lands and resources in peace 

• In return, Canada’s government agreed to the terms covering first nations’ health care, education, reserves, annuities, hunting, and fishing, and other matters 

• Annuities (annual payments) are mostly symbolic today. For example, members of treaty 8 receives $5 a year

• Interpretations of treaties differed  

Treaty 4 

• government: Want to have peace but wanted indigenous to be equal and be treated the same as everyone else 

• indigenous: They wanted their rights in the constitution to protect them and children and it will not be taken away in the future 

Treaty 6 

• government: “Indian agent” - did not think indigenous people could not sustain themselves, they have honored the treaty 

• indigenous:They have their own way of governing themselves – did not think government was living up to their part 

Treaty 7 

• government: Indigenous people were not civilized, made residential schools 

• indigenous: Taking away their culture  

Treaty 8 or 10 

• government: Our charter, wanted a British, French, indigenous, and multiculturalism and to live in peace 

• indigenous: The indigenous always wanted this  

Intent of the Indian act 

• Originally made to assimilate first nations 

• Considered ethnocentric, as it was created without consulting the first nations 

• Duncan Campbell Scott – main indigenous affairs person, was a key part in the indigenous assimilation 

Content of Indian act

1. Indian agents – power to decide how the government would fulfill its treaty obligations -  

2. Act defines who is registered as status Indians (only status Indians got first nation collective rights) - if you are not status, you will not get the benefits of collective rights 

3. Dictated how first nations people conducted their affairs, such as band elections, although first nations had their own ways of governing themselves 

4. Created residential schools 

5. Restricted the first nations to travel freely (leave reserves) 

6. Restricted political actions and voting 

7. Restricted traditional language, dress and ceremonies 

Indian act now

Act exists today but has been amended several times since 1876 

Manitoba act

• made Manitoba

• gave Metis what they wanted, eg. land

• made Manitoba a bilingual province

Metis

• main agreement was the Manitoba Act

• not subject to the Indian Act or the historical numbered treaties

• self-governance on settlements - can make bylaws that apply only to settlement

• settlements only exist in Alberta

• have collective rights that are entrenched in the Constitution (Section 35)

Powley decision

clarified Métis rights and proved that the Métis are distinct from other Indigenous people under the Canadian Constitution

Denotation

the literal meaning of a word

Connotation

• positive or negative emotions associated with the word

• how the word makes you feel

Harvesting agreement

gives Metis the right/license to hunt and fish in certain areas

Metis timeline 1869 - 1870

• The red river resistance caused the Manitoba act​

• The act made Manitoba a bilingual province, education rights for Catholics and Protestants, Metis land rights​

• Act said Metis would get more than 500000 hectares of land in addition to the farms along the red river

Metis timeline 1875 - 1879

• Government gave a scrip (document that can be exchanged for land) to Metis instead of land in Manitoba​

• Choice to accept scrip or become "treaty Indians" under a numbered treaty

Metis timeline 1885

• Northwest resistance was made to protect Metis land in Saskatchewan​

• Railway settlers started to move into western Canada, including Saskatchewan

Metis timeline 1896–1910

• Metis settlers start to establish farms near St. Paul des Métis​

• Land provided by the catholic church​

• Metis did not have title to the land​

• Had to leave when settlement closed

Metis timeline - 1938​

• L’Association des Métis de l’Alberta et des Territoires du Nord-Ouest lobbied Alberta government for land for Metis​

• Alberta then passed the Métis Population Betterment Act, which made 12 temporary Metis settlements​

• First time Canada provided land for Metis

Metis timeline 1940 - 1960​

• Temporary settlement did not give Metis control of the land​

• Four settlements were proved unsuitable for farming, fishing, and hunting, they were shut down and given back to the Alberta government

Metis timeline 1982​

• Metis lobbies for Metis rights in Canada's constitution ​

• When constitution was patriated, section 35 was included​

• Section 35 – recognizes Metis as a first nation with rights

Metis timeline 1990

• Alberta government enacted legislation where Metis received Metis settlement as a permanent land base, where they can manage their own affairs​

• Legislation included:​

  • Constitution of Alberta Amendment Act.​

  • Métis Settlements Accord Implementation Act.​

  • Métis Settlements Act.​

  • Métis Settlements Land Protection Act.​

• Right for Metis to participate in development of oil and gas resources on their settlement land

Metis timeline 2003

• Supreme court ruled that Metis can hunt and fish, as they are an indigenous under the constitution​

• These rights recognize the relationship to the land of the Metis, based in history and their inherited rights as first nations

Metis timeline 2004

• Métis Settlements General Council and the Métis Nation of Alberta had an agreement with Alberta recognizing their hunting and fishing rights​

• Metis could hunt and fish food without a license

Metis timeline 2006

• Metis in Manitoba launched a court case that would give them the land they never got in the Manitoba act​

• Winnipeg is on the land Metis would have gotten in the Manitoba Act

Metis timeline 2007

Alberta put a restriction on the right to fish and hunt without a license without Metis organization agreement