Indigenous Studies 101: Treaties, Land Claims, and Indigenous Rights and Title

Quiz Overview

• Quiz 3 covers Weeks 7, 8, and 9 content.
• Time: 20 minutes from when the quiz is started.
• Submission locks each response; cannot be changed after submission.
• Questions presented one at a time.
• Total: 20 questions (multiple choice, true/false, matching).
• Each question valued at 0.5 points.
• Closed book quiz.
• Question order is randomized for each student.
• Use code of conduct and SFU rules regarding cheating.
• Quiz Password: salmon

Week 10 Focus

• Topics covered: Treaties, Land Claims, Indigenous Rights and Title.

Key Concepts

• Indigenous Sovereignty and Law:
  • Inherent right of Indigenous Nations to govern, protect traditional lands, and establish relationships with others based on their laws and traditions.
• Indigenous Law vs. Western Law:
  • Indigenous laws are unique and rooted in oral traditions, customs, and cultural practices rather than formal statutes.
  • Perspective: Land as cultural heritage vs. property as owned commodity in Western views.
• Homeland Connection:
  • Indigenous ownership is based on a deep cultural and spiritual understanding of their land, including relationships with all living things and their environment.

Historical Treaties and Agreements

• Oral Treaties:
  • Used for settling disputes and establishing agreements (trading, marriage). Ceremonial aspects affirm their sacredness.
• Treaties with the Crown:
  • Formal agreements recognizing Indigenous rights and titles; often differed from oral promises. Many current land claim issues arise from unfulfilled treaty obligations.
• Peace and Friendship Treaties:
  • Established relationships and cooperation in Eastern Canada without land surrender.

Legal Framework

• Royal Proclamation of 1763:
  • Affirmed the sovereignty of First Peoples and established negotiation requirements for land acquisition.
• Constitution Act of 1982 and Section 35:
  • Recognizes and affirms existing Aboriginal and treaty rights.
• Indian Act of 1876:
  • Consolidated legislation governing Indigenous land and communities, often restricting their governance and land rights. Amendments have historically oppressed Indigenous cultural practices.

Numbered Treaties

• Series of treaties signed post-Confederation (1871-1921) aimed at land ownership, including annuities and rights to resources while imposing various restrictions.
• Particularly impactful due to differing interpretations of rights and promises made between Indigenous and government parties.

Modern and Aboriginal Rights

• Aboriginal Rights and Title:
  • Unique rights derived from long-standing use and occupation, not granted by external authorities.
  • Delgamuukw Decision (1997):
  • Recognized Aboriginal title continues and can be established through oral tradition.
• Sparrow Case:
  • Defined Aboriginal rights relating to fishing and established conditions under which rights can be infringed.

Contemporary Developments

• Modern Treaties:
  • Address unresolved land rights through negotiation, though their structure can be seen as coercive.
• Tsilhqot’in Land Claim:
  • Landmark case establishing recognition of indigenous land titles based on traditional use, affirming economic rights while allowing for development under certain conditions.

Conclusion

• Important to understand nuances of Indigenous rights, sovereignty, legal frameworks, and their historical contexts as foundational to current relationships between Indigenous peoples and government entities.