Note
Studied by 250 peopleCollective Rights
Introduction to Collective Rights
Definition: Collective rights are rights held by groups of people rather than individuals.
Purpose:
Affirm collective identity.
Create a diverse and inclusive society.
Uniqueness to Canada:
Canada is one of the few countries that legally protects collective rights.
These rights recognize specific groups’ contributions to the nation.
2. The Canadian Charter of Rights and Freedoms and Collective Rights
Legal Framework:
The Charter is part of Canada’s Constitution Act, 1982.
Section 52 (Part VII – General) states that any law inconsistent with the Constitution is invalid.
The Charter protects fundamental freedoms, legal rights, and democratic rights.
Who Holds Collective Rights?
Aboriginal peoples (First Nations, Métis, Inuit)
Francophones (French speakers)
Anglophones (English speakers)
Why These Groups?
These groups were founding peoples of Canada.
Canada has historical and legal commitments to their rights.
3. Legislation and Policies Affecting Collective Rights
Historical and Modern Treaties - Agreements between the Canadian government and Indigenous groups. Aim to define Indigenous land rights, hunting rights, and government responsibilities. Early treaties: 1701 – early 1900s (e.g., Numbered Treaties like Treaty 6, Treaty 7, Treaty 8). Modern treaties: 1970s – present (e.g., Nisga’a Treaty in 2000). Many historical treaties were unfair to Indigenous peoples and led to land disputes. Modern treaties aim to provide self-governance and land rights.
Canada’s Constitution - The supreme law of Canada, outlining the rights and freedoms of all citizens. Original: 1867 (British North America Act, later renamed Constitution Act, 1867). Updated: 1982 (Constitution Act, 1982), which included the Charter of Rights and Freedoms. Section 52 states that any law violating the Constitution is invalid. The 1982 amendment made Canada independent from British legal changes.
The Indian Act - A Canadian law that governs the rights and status of First Nations peoples. Passed in 1876, with many amendments over time. Originally used to assimilate Indigenous peoples by controlling land, education, and cultural practices. Now revised to promote Indigenous rights and self-governance, though some still see it as problematic.
The Manitoba Act - A law that created the province of Manitoba and granted land and language rights to Métis and Francophones. Passed in 1870. Ensured French and English were both official languages in Manitoba. Over time, French-language rights were weakened, leading to legal battles to restore them.
4. Anglophone and Francophone Collective Rights
Official Bilingualism
Canada has two official languages: English and French.
Legal Basis:
Sections 16-20 of the Charter protect official language rights at both federal and provincial levels (for New Brunswick).
Canadians have the right to communicate with the federal government in either English or French.
New Brunswick is the only officially bilingual province.
Minority Language Education Rights (Section 23)
Francophone or Anglophone minorities have the right to publicly funded schools.
This applies when a community has a significant population of a language minority.
5. Francophone Rights in Minority Settings
How are Francophone rights protected outside Quebec?
Official Bilingualism (Sections 16-20 of the Charter)
Minority Language Education Rights (Section 23 of the Charter)
Why are these rights important?
French-speaking minorities outside Quebec risk losing their language and culture.
These rights help preserve Francophone identity and culture.
6. Francophone Rights in Québec
Why do French Canadians want to promote French in Quebec?
French is a key part of their identity.
Concerns about the dominance of English in Canada.
Legal Protections in Quebec:
Canadian Charter of Rights and Freedoms:
Gives all citizens the right to use French or English.
Bill 101 (Charte de la langue française):
Quebec law protecting French language.
States that French is the official language of:
Government
Work
Education
Business
Recognizes Francophones as a distinct people.
Affirm: To validate and express commitment to
something.
Collective identity: The shared identity of a group of
people, especially because of a common language and
culture.
Collective Rights: Rights guaranteed to specific groups in
Canadian society for historical and constitutional reasons.
First Nations: the umbrella name for the diverse
Aboriginal peoples who have collective rights that are
recognized and protected in Canada’s constitution. The
constitution refers to First Nations as “Indians” in keeping
with the name used at the time of negotiating the
Treaties.
Indian: Europeans used the word Indian to describe
Indigenous people although these peoples were diverse
and had names for themselves.
Sovereignty: Independence as a people, with a right to
self-government.
Annuity: an annual payment. Under the Numbered
Treaties, annuities are mostly symbolic today. For
example, members of Treaty 8 receive 5$ per year.
Reserve: land for the exclusive use of First Nations.
Entrenching: fixing firmly within.
Patriate: To bring to a country something that belongs to
the country.
Assimilate: become part of a different culture.
Ethnocentrism: the belief that one’s culture is superior to
all other cultures.
Indian Act: federal legislation related to the rights and
status of “First Nations People” (status Indians), first
passed in 1876 and amended several times.
Anglophone: A person whose first language is English.
Francophone: A person whose first language is French.
Official Language community: One of the groups in
Canadian society whose members speak an official
language of Canada.
Officially Language minority: A group that speaks one of
Canada’s official languages and that does not make up
the majority population of a province or territory.
Publicly funded: Paid for by taxes and provided by
government.
Inherent Rights: Rights with origins in fundamental
justice.
Scrip: In Metis history, a document that could be
exchanged for land that was offered to Metis at the time
the Numbered Treaties were negotiated.
Autonomy: Authority to make decisions.
1. Indigenous Collective Rights in Canada
Legal Protections Under the Charter of Rights and Freedoms:
Section 25: Ensures that nothing in the Charter can diminish or take away from existing Indigenous rights.
Includes rights recognized by the Royal Proclamation of 1763 and land claims agreements.
Section 35 (Constitution Act, 1982): Recognizes and affirms existing Aboriginal and treaty rights.
The Supreme Court of Canada ruled that Indigenous rights under treaties are protected by the Constitution Act.
Why Are Collective Rights Recognized?
Indigenous peoples are founding peoples of Canada.
Their rights are meant to honor treaty obligations and protect their identity.
2. Treaties and Their Significance
Numbered Treaties:
Rooted in the Royal Proclamation of 1763, which recognized First Nations’ sovereignty over their lands.
Treaties were signed to:
Avoid conflicts like those in the U.S. between settlers and Indigenous groups.
Ensure peaceful land sharing for railway construction.
Provide future security for Indigenous people against social and economic struggles (e.g., buffalo extinction, fur trade collapse).
What Rights Were Guaranteed by Treaties?
Land and resource sharing agreements.
Government promises for healthcare, education, reserves, annuities, and hunting and fishing rights.
Annuities (annual payments) were symbolic, e.g., Treaty 8 members receive only $5 per year today.
Differing Treaty Interpretations:
First Nations’ View: Treaties were about partnership and resource sharing.
Government’s View: Treated as land surrender agreements, limiting Indigenous sovereignty.
3. The Indian Act and Its Impact
What Is the Indian Act?
A Canadian law passed in 1876 that governs the rights and status of First Nations.
Originally designed to assimilate Indigenous peoples into settler society.
Key Provisions:
Indian Agents: Government officials assigned to each reserve with broad authority over First Nations affairs.
Status Indian Definition: Only registered “status Indians” had access to First Nations collective rights.
Control Over Affairs: Dictated band elections and decision-making, ignoring traditional Indigenous governance.
Residential Schools: Created a system of forced assimilation through education.
Restricted Mobility: Indigenous people were not allowed to leave reserves without a permit.
Political and Cultural Restrictions: Limited voting rights, political action, and cultural practices (e.g., language, dress, and ceremonies).
Legacy and Amendments:
The Act still exists today but has been amended multiple times since 1876.
It is viewed as ethnocentric and discriminatory, but also provides some protections for Indigenous rights.
4. The Métis and Their Rights
Who Are the Métis?
The Métis are a distinct Indigenous people with mixed First Nations and European ancestry.
They have collective rights entrenched in the Constitution Act, 1982 (Section 35).
Legislation Protecting Métis Rights:
The Manitoba Act (1870):
Established Manitoba as a province.
Guaranteed land and language rights for the Métis.
Over time, Métis land rights were undermined, leading to conflicts.
Métis Settlements Act (1990):
Unique to Alberta, the Act created Métis Settlements with self-governance powers.
Settlement councils can pass bylaws that only apply to their communities.
The Powley Decision (2003):
The Supreme Court of Canada recognized the Métis as a distinct group under Section 35.
Established criteria to identify Métis rights holders.
5. Métis Resistance and the Fight for Rights
Red River Resistance (1869-1870):
Led by Louis Riel in response to the Canadian government’s attempts to take over Métis lands.
Resulted in the creation of Manitoba and the Manitoba Act, which granted some Métis land rights.
Northwest Resistance (1885):
A second rebellion led by Riel and Gabriel Dumont against the government’s refusal to recognize Métis land claims.
Ended in Riel’s execution for treason, marking a major loss for the Métis.
1869-1870 – Red River Resistance
What Happened:
A movement led by Louis Riel to defend Métis land rights in the Red River Settlement (now Manitoba).
The Canadian government tried to take over Métis lands without consultation.
Key Outcomes:
Riel and the Métis formed a provisional government.
The Manitoba Act (1870) was passed, creating Manitoba as a province.
The Act guaranteed land and language rights for the Métis, but these rights were later undermined.
Dominion Land Act & Northwest Territories Act
Dominion Land Act (1872)
A Canadian law that allowed the government to grant land to settlers in Western Canada.
It ignored Métis land claims, leading to further displacement.
Northwest Territories Act (1875)
Established legal authority over the Northwest Territories.
The Act enabled the Canadian government to expand into Métis territory, further threatening Métis land ownership.
1885 – Northwest Resistance (Northwest Métis Rebellion)
What Happened:
The second armed conflict led by Louis Riel and Gabriel Dumont.
The Métis fought against the Canadian government to protect their land and culture from settlers and the railway expansion.
Key Outcomes:
The resistance was crushed by Canadian forces.
Louis Riel was executed for treason.
The Métis lost more land and faced further marginalization.
1896-1910 – Métis Establish Farms in St. Paul
What Happened:
After the Northwest Resistance, many Métis became landless and impoverished.
They moved to St. Paul, Alberta, and established farms.
Significance:
This was part of the Métis effort to regain stability and protect their culture.
It marked the beginning of permanent Métis settlements in Alberta.
1938 – First Métis Settlement
What Happened:
The first official Métis settlement was established in Alberta.
It was part of the Alberta government’s response to the poor living conditions of the Métis.
Significance:
It laid the foundation for future Métis settlements and land claims.
It represented an early step toward recognizing Métis rights.
1940-1960 – Métis Betterment Act
What Happened:
Passed by the Alberta government to improve conditions for Métis people.
Created Métis colonies with land reserved for Métis families.
Significance:
It gave the Métis some control over their land.
It was a step toward Métis self-governance, although the government still maintained authority.
1982 – Constitution Act
What Happened:
Pierre Trudeau and Queen Elizabeth II signed the Constitution Act.
The Act included Section 35, which recognized Aboriginal and treaty rights, including Métis rights.
Significance:
It was the first legal recognition of Métis as a distinct Indigenous group.
Métis rights became protected under Canadian law.
1990 – Métis Act Granting Sovereignty and Land
What Happened:
The Métis Act in Alberta granted self-governance and land rights to Métis settlements.
It allowed Métis councils to pass their own bylaws and manage local affairs.
Significance:
This was a major step toward Métis self-determination.
It protected Métis land ownership in Alberta.
2003 – Métis Rights (Powley Decision)
What Happened:
The Powley Decision by the Supreme Court of Canada officially recognized Métis harvesting rights under Section 35 of the Constitution.
It confirmed that Métis have the right to hunt, fish, and gather for food.
Significance:
It set a legal precedent for recognizing Métis as rights-bearing Indigenous people.
It clarified the legal definition of who qualifies as Métis.
2004 – Métis Harvesting Rights
What Happened:
The Supreme Court ruling confirmed Métis people’s rights to harvest natural resources (e.g., hunting, fishing) for food.
Significance:
Strengthened the legal protection of Métis harvesting rights.
Ensured Métis traditions were legally recognized.
2006 – Land Claims and Métis Citizenship
What Happened:
Métis began filing land claims to regain traditional territories.
The Red River Métis Recognition and Implementation Treaty was introduced.
Significance:
This treaty aimed to recognize Métis identity and their connection to the Red River region.
It also promoted Métis citizenship rights.
2025 – Red River Métis Recognition & Implementation Treaty
What Happened:
A new self-government treaty allowed the Métis to pass their own laws that reflect their needs, goals, and traditions.
The treaty emphasized self-determination and preserving Métis identity.
Significance:
It aimed to empower future generations of Métis to embrace their culture and heritage.
It strengthened Métis political and legal sovereignty.