Collective Rights – Indigenous and Métis Rights

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:

  1. Indian Agents: Government officials assigned to each reserve with broad authority over First Nations affairs.

  2. Status Indian Definition: Only registered “status Indians” had access to First Nations collective rights.

  3. Control Over Affairs: Dictated band elections and decision-making, ignoring traditional Indigenous governance.

  4. Residential Schools: Created a system of forced assimilation through education.

  5. Restricted Mobility: Indigenous people were not allowed to leave reserves without a permit.

  6. 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:

  1. 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.

  2. 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.