INDG101 test 1

what's the time period for oral treaties?

they happened before settlement

who was involved in oral treaties?

done between Indigenous peoples

what's the purpose of oral treaties?

to negotiate and settle disagreements, such as who gets to own and use what area of land

what makes oral treaties unique from other treaties?

they were made official through ceremony; they can be amended (they're alive); because they're kept alive through oral tradition

what's the time period for peace and friendship treaties?

made in the early 1700s to mid-to-late 1700s (1725-1779)

who was involved in peace and friendship treaties?

colonial governments (settlers) and First Nations were involved

what's the purpose of peace and friendship treaties?

to allow settlers to pass through First Nations lands safely; for First Nations to have hunting rights on the land

what makes peace and friendship treaties unique from other treaties?

this treaty is protected under section 35 of the 1982 constitution; nowhere in the agreement were settlers allowed to settle on the land, but they did anyways

what's the time period for historic treaties?

early 1700s (1701) to early/mid 1900s (1923)

who was involved in historic treaties?

between British monarchs and First Nations

what's the purpose of historic treaties?

the point was Aboriginal Title Extinguishment, so that the First Peoples occupying the land no longer have rights to it, allowing for settlers to occupy it instead. In writing, the deal was to cede the land in exchange for money, farming supplies, reserves

what makes historic treaties unique from other treaties?

while the treaties were made official through writing, extra terms were established verbally, but they were never honoured; lots of the agreements in these treaties never took effect even if the treaty itself is still active

what's the time period for modern treaties?

these treaties happened after 1975

who was involved in modern treaties?

they happen between the federal and provincial Canadian government and all Indigenous Peoples, not just First Nations Peoples

what's the purpose of modern treaties?

their purpose is to make treaties for Indigenous lands and the resources of those lands that haven't been ceded yet

what makes modern treaties unique from other treaties?

these treaties are called Comprehensive Land Claims because they're based on Aboriginal Title and Aboriginal Rights

what part of the constitution act protects existing Aboriginal and Treaty rights

section 35(1) of the Constitution Act (1982)

what's Aboriginal Title?

- it's a legal term that describes how Indigenous peoples have a right to their land, even before colonisation;
- this right is sui generis (unique) from any other kind of claim to land;
- it is the right to decide how the land shall be used;
- the Indigenous Nation living on the land decide as a collective what to do with the land, instead of individually

what part of the Constitution Act protects the Royal Proclamation? What does this mean?

section 25 of the Constitution Act (1982) enshrines it, which therefore protects Aboriginal Title

Explain the Indian Act

established in 1876; based on section 91(24) of the BNAA (1867); defined the legal identity of "Indians" as First Nations peoples; it made much of their laws and ways of existing illegal, such as banning potlaches; the goal was to control First Nations peoples using this law; it let the government put First Nations peoples on reserves

Explain the Royal Proclamation

established in 1763 by King George III; it gave Britain the exclusive right to make treaties with Indigenous peoples and buy their land, giving them a monopoly over Indigenous land; in establishing this, it also acknowledged Aboriginal Title (because to buy land from someone, that indicates that they own it); this was the basis for treaties between settlers and INDG peoples

Explain the Papal Bulls

There's three of them and they were established in the 1400s; they were the basis for colonization by allowing Christian nations and Christians in general to take land and enslave people on it; it only recognized Christian nations as sovereign; encouraged a 'finders keepers' mentality for land in the West as long as the land wasn't already colonized by another Christian ruler

Explain the Doctrine of Discovery

sprouted from the 3 Papal bulls; it says that if land isn't owned by christians, then it can be 'discovered'; it's used as the reason that treaties and other land claims can happen in Canada today; this encouraged a wave of 'discovery' where everyone wanted to get a piece of non-christian land

Explain Manifest Destiny

comes from the Doctrine of Discovery; it's the idea that colonization is destiny, so it's justified; seen as the way towards civilization, therefore saying that Indigenous peoples and their management of land is uncivilized; American Progress by John Gast became propaganda for this concept

Explain the British North America Act

Canada's first constitution from 1867; gave the federal government in section 91(24) the power to decide what to do with "Indians" and their land (without defining who "Indians" are); gave the provincial governments the power to govern "Indians" in every other aspect of their lives, like in health; it's still part of the constitution today

Explain the Constitution Act

Canada's second constitution, which was established in 1982; section 25 protects the Royal Proclamation, which consequently protects Aboriginal Title; section 35 protects "Aboriginal Rights" (without defining what that is; section 35(1) protects Aboriginal and Treaty rights; section 35(2) defines "Aboriginal" as First Nations, Métis, and Inuit

Explain a Fiduciary Relationship

refers to how the federal government and the Crown have a duty to make decisions regarding First Nations land with the best interest of the First Nations peoples in mind; R. v. Guerin established that the Crown must have First Nations people's best interest in mind when making land decisions/ that this fiduciary duty comes from how Aboriginal Title has a sui generis right (which also acknowledged Aboriginal Title)

sui generis

constituting a class of its own; unique

Explain settler colonialism

it's today's version of colonization; done by people who settle on land that isn't theirs; they force the people on the land to leave, to forfeit their culture, and to abandon how they live; this looks like violence towards Indigenous peoples, environmental terrorism like pipelines; Black people, people of colour, and immigrants or refugees can't be settlers or commit settler colonialism

Explain Indigenous sovereignty

it's an innate right of Indigenous peoples to govern and take care of their lands and the helper beings occupying it (like water, animals, and the sky); it's the innate right for Indigenous peoples to be sovereign over themselves; it's the innate right for Indigenous peoples to go about deals and make relationships using their traditional knowledge and ways of being; it's a right that has existed longer than memory

Explain potlaches

an important type of ceremony and feast that would facilitate major life events and community events in a Nation; this includes naming babies, celebrating marriages, bringing honour back to a person who has faced humiliation; they were banned by the Indian Act in 1885 and unbanned in the 1950s (1951)

Explain etuaptmunk

two-eyed seeing; a way to view the world through multiple different perspectives at once; it comes from Albert Marshall of the Mi'kmaq First Nation who first explained this concept; Rebecca Thomas of the Mi'kmaq further explained it in her TED talk; this concept acknowledges that people learn in different ways, so one should approach learning with this philosophy

explain oral traditions

they're the way that Indigenous laws, culture, ways of life, and lessons are maintained through generations; it allows for these things to 'live' and not get stuck in time; while details may be changed from storyteller to storyteller, the core message must be preserved; the message is preserved by communities holding storytellers accountable if the essence is lost

explain terra nullius

it's the idea that a land is not occupied by a sovereign nation; it's a "no man's land"; it's used to justify disregarding Aboriginal Title (because a sovereign nation only counts when it's Christian)

Explain Delgamuukw v. British Columbia

the late 90's case acknowledged that Aboriginal Title still exists and shouldn't be ignored; Aboriginal Title still exists even though Canada is a sovereign nation; this case declared that oral traditions are permissible in court because the Gitsan and Wetsuwet'en First Nations used oral traditions as evidence