Collective Rights – Indigenous and Métis Rights

Section 25 of the Charter of Rights and Freedoms

Ensures that nothing in the Charter diminishes or takes away existing Indigenous rights.

Section 35 (Constitution Act, 1982)

Recognizes and affirms existing Aboriginal and treaty rights.

Royal Proclamation of 1763

Recognized First Nations’ sovereignty over their lands and laid the foundation for treaties.

Numbered Treaties

Treaties rooted in the Royal Proclamation of 1763, created to avoid conflicts and ensure peaceful land sharing.

Collective Rights

Rights of Indigenous peoples that honor treaty obligations and protect their identity.

Indian Act (1876)

A Canadian law governing the rights and status of First Nations, originally designed to assimilate Indigenous peoples.

Status Indian Definition

Only registered ‘status Indians’ had access to First Nations collective rights as defined by the Indian Act.

Métis

A distinct Indigenous people with mixed First Nations and European ancestry.

The Manitoba Act (1870)

Established Manitoba as a province and guaranteed land and language rights for the Métis.

Métis Settlements Act (1990)

Created Métis Settlements in Alberta with self-governance powers.

The Powley Decision (2003)

Supreme Court ruling recognizing the Métis as a distinct group under Section 35 with identifiable rights.

Red River Resistance (1869-1870)

Led by Louis Riel in response to government attempts to take over Métis lands, resulting in the creation of Manitoba.

Northwest Resistance (1885)

Second rebellion by Métis against government refusal to recognize land claims, resulting in Riel's execution for treason.

Treaty Rights

Legal rights and obligations established between Indigenous peoples and the Crown through treaties.

Indigenous Sovereignty

The inherent right of Indigenous peoples to govern themselves and their territories.

Crown-Indigenous Relations

The relationship between Indigenous peoples and the government of Canada, including treaties and land rights.

First Nations

Indigenous peoples in Canada who are recognized as distinct from Métis and Inuit.

Inuit

Indigenous peoples primarily living in the Arctic regions of Canada, distinguished from First Nations and Métis.

Self-Government Agreements

Agreements allowing Indigenous groups to govern themselves and manage their affairs.

Truth and Reconciliation Commission

A commission established to address the history and impact of residential schools on Indigenous peoples in Canada.

Indian Status

Recognition granted to individuals of Indigenous descent, determining their rights under the Indian Act.

Cultural Heritage Rights

Rights that protect the cultural practices, languages, and traditions of Indigenous peoples.

Indigenous Land Claims

Claims made by Indigenous groups for recognition and restitution regarding traditional territories.

Decolonization

The process of Indigenous peoples reclaiming their rights, lands, and self-determination after colonial rule.

Métis Nation

A governing body representing the Métis people, facilitating self-governance and advocacy for their rights.

Cultural Revitalization

Efforts by Indigenous peoples to revive and maintain their languages, traditions, and cultural practices.

Resource Rights

The rights of Indigenous peoples to access and manage natural resources on their traditional lands.