Chapter 4 The Charter of Canada

Collective Rights

Rights held by groups in Canadian society that are recognized and protected by the Constitution.

Groups that hold collective rights

First Nations, Métis, Inuit, Francophones, and Anglophones.

Legal document that protects collective rights?

The Canadian Constitution.

Part of the Constitution protects collective rights

The Constitution Act, 1982.

Treaty Rights

Rights agreed upon in treaties between First Nations and the Crown.

Indian Act

A law that governs matters related to First Nations peoples in Canada. Passed in 1876.

Controversy with the Indian Act

It was created without consultation and aimed to assimilate First Nations people.

Numbered Treaties

Agreements between First Nations and the Crown from 1871-1921.

What did First Nations gain in treaties?

Reserves, education, healthcare, and hunting/fishing rights.

What did the government gain from treaties?

Land for settlement and development.

Francaphone Rights

Education, language services, and communication in French.

Anglophones Rights in Quebec

Receive education and services in English.

Section 23 of the Charter of Rights and Freedoms

The right to education in one's first language where numbers warrant.

Bilingualism

The recognition of English and French as official languages.

Schools in English or French

When the population is large enough in a certain area.

Purpose of Collective Rights

To recognize and protect the unique identity of specific groups in Canada.

Collective Rights Affecting Canadian Unity

They aim to promote respect, recognition, and fairness among diverse groups.

Multiculturalism

A policy that encourages the preservation of cultural identities.

Collective Rights Important in a Democracy

They ensure that minority groups are protected and respected under the law.

Metis Collective Rights

Rights recognized by the government that reflect the distinct culture, history, and identity of the Métis people, including land, harvesting, and self-government rights.

Government Recognized Métis Rights

Through agreements like the Métis Settlements Act (1990) in Alberta and Powley case (2003) which affirmed their right to harvest for food.

Métis Collective Rights Importance

They acknowledge the Métis as a distinct Indigenous people and protect their ability to maintain their way of life, culture, and traditions.

Louis Reil

Métis leader who led the Red River Resistance (1869-1870) to protect Métis land, culture, and political rights when Canada took over the Red River territory.

Red River Resistance

Led to the creation of Manitoba as a province and included Métis rights in the Manitoba Act (1870), such as land rights and recognition of French language and Catholic education.