Transcript Burchells’ Lunch & Learn

We are All Treaty People
The Importance of Treaties for All Canadian
Presentation to Aboriginal Peoples’ Health and Healing at Dalhousie
by : Naiomi W. Metallic
Presented by: Sara Swasson
Nova Scotia
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There are 24,175 people of Aboriginal
identity in Nova Scotia - an increase of
42% since 2001.
Aboriginal people make up 2.7% of the
total population of Nova Scotia (the
largest minority group in NS).
There are 14,958 Status Indians
registered to Nova Scotia bands.
TRUE OR FALSE?
When Europeans first arrived in North America,
they conquered the Aboriginal people through
war?
False. The first 200-250 years of
interaction between Aboriginal people
and Europeans settlers was
characterized by reliance, mutualrespect and recognition.
Early Relations (16th to 19th
centuries)
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Europeans relied on the Aboriginal people to survive
the climate, become familiar with food sources.
Trading partners
Military allies
Royal Proclamation of 1763
Peace and Friendship Treaties
– Europeans recognized Aboriginal people’s laws and
customs, and rights to the land.
– Aboriginal people seen as distinct nations and British Crown
made treaties with on this basis.
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Later would come the Numbered Treaties
Change in the dynamic (1850s
onward)
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Four factors:
1. Demographic shift – non-Aboriginal
outnumbered Aboriginal people
2. Death of the fur trade and focus on resourcebased economy
3. Change from objective of exploration to
settlement
4. Ideology of superiority – civilized and savage
nations
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Consequently, Aboriginal people viewed as
a burden – i.e., “the Indian Problem”
The solution to the Indian Problem:
Assimilation
“I want to get rid of the Indian problem. I do
not think as a matter of fact, that this country
ought to continuously protect a class of
people who are able to stand alone. … Our
object is to continue until there is not a single
Indian in Canada that has not been absorbed
in into the body politic, and there is no Indian
question, and no Indian Department.”
- Duncan Campbell Scott, Deputy Minister, Indian Department,
1929
The Indian Act was used to
discriminate against First Nations
in many ways:
1.
2.
3.
4.
Abolish traditional forms of Aboriginal governance 1869 onwards
Criminalize spiritual practices and ceremonies 1880 – 1951
Criminalize the practice of traditional subsistence
activities by First Nations
In Prairie provinces, sale of crops and livestock offreserve not permitted unless approved by Minister 1886 forward
More examples of discrimination
under the Indian Act:
5.
6.
7.
Residential and Indian Day School - 1868-1980s
Restrict Aboriginal peoples’ access to the courts to
bring claims - 1926-1951
Control who could be an “Indian” - 1868 to today
a. Voluntary Enfranchisement - 1869 – 1985
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A means for Indians “of good character” (as determined
by a board of non-Aboriginal examiners) to be declared
“non-Indian”
b. Compulsory Enfranchisement – 1876 – 1951
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Automatic loss of Indian status if became doctor, lawyer,
a priest / nun, got any type of University degree, or
traveled outside Canada for over 5 years without
permission of Minister.
And more…
a.
Status passing through male-line only – 1869-1985
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b.
c.
Indian women who married non-Indian lost status
Their children also lost status
Indian men who married non-Indian women not subject to
same rules. Wives and children gained status.
Illegitimate children (1876 - 1985) - could lose
status “if the Registrar is satisfied that the father of
the child was not an Indian...”
Double Mother Rule (1951 - 1985) – person would
lose status if mother and maternal grandmother
had no Indian ancestry.
Challenges to Indian Act
discrimination
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Between 1926-1951 it was illegal for First
Nations to hire a lawyer
Post-WWII, revulsion to Nazi treatment of
Jews led to changes in treatment of minorities
around the world
UN Declaration on Human Rights (1948)
Adoption of human rights codes in Canada in
1960s and Canadian Bill of Rights
White Paper (1969)
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Proposed elimination of Indian Act and all
that remained of special relationship between
Aboriginal people and Canada
Aboriginal reacted with strong resistance they saw this form of imposed ‘equality’ as a
coffin for their collective identities - the end of
their existence as a distinct people
National Aboriginal organizations created as
a result – results in greater advocacy for
collective rights
Aboriginal and Treaty rights
and Title
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Calder v. British Columbia (Attorney General) (1973)
– Aboriginal title exist at common law
Afterwards, Canada reverses long-standing position
of not negotiating native claims
– Specific claims – reserve land, trust funds, treaty entitlement
– Comprehensive claims – claims to unceded Aboriginal lands
(modern land claims)
– Self-government agreements
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Section 35 of the Constitution Act, 1982 recognizes
and affirms Aboriginal and Treaty rights
Section 35(1) of the
Constitution Act, 1982
35. (1) The existing aboriginal and treaty rights of the
aboriginal peoples of Canada are hereby recognized
and affirmed.
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Came as a result intense political pressure by
Aboriginal groups and court challenges
It was intended that Aboriginal rights would be
defined through further constitutional amendments.
But that never materialized and interpreting section
35 has fallen to the courts.
Section 35(1) litigation
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The “promise of s. 35(1)” the Supreme Court
of Canada has said is
To recognize the fact that prior to the arrival of Europeans in
North America the land was already occupied by distinctive
aboriginal societies, and to reconcile that fact with the assertion
of Crown sovereignty over Canadian territory.
(Van der Peet, SCC)
Key cases
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Simon 1985 – recognition of Mi’kmaq treaty rights
– Since this case, Oct. 1 of every year has been recognized as
“Treaty Day” in Nova Scotia.
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Sparrow 1990 – recognition of Aboriginal rights
Delgammukw 1996 – recognition of Aboriginal title
Marshall 1999 – recognition of Mi’kmaq treaty rights
to hunt and fish for a moderate livelihood
Haida 2004 – recognition of a duty to consult and
accommodate regarding existing and asserted rights
Tsilqot’in 2014 – finding of Aboriginal title to 6,000
hectares in interior of BC
Neglect and underfunding
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First Nations often a political hot-potato
Results in a lot of legislative ‘gaps’ on
reserve
Also results in under-funding to
programs on reserve
– Child welfare
– Education
– Health services
– Housing…
Reality Check
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Aboriginal people are three
times more likely than nonAboriginals to be victims of
violent crime.
Aboriginal people, while they
represent only 3.8% of the
Canadian population, account
for 18% of those who are
incarcerated in federal
institutions.
Only 8% of Aboriginal
peoples, aged 25-34, have a
university degree compared to
28% of all Canadians?
Only 24% of Aboriginal
peoples under 25 able to
converse in an Aboriginal
language.
One in four First Nation child
live in poverty.
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Diabetes among First
Nations people is at least
three times the national
average.
23% of Aboriginal people live
in houses in need of major
repairs, compared to just 7%
of the non-Aboriginal
population.
There are more than 100
First Nations communities
under boil water advisories.
High school graduation rates
for First Nations youth are
half the Canadian rate.
There are more First Nations
children in foster care then
there were in residential
schools when these schools
were at their height.
First Nations youth commit
suicide at five to eight times
the Canadian rate.
Settler Treaty membership entitles the card-holder to: share this
territory (except reserves) with First Nations people and move
freely throughout it; freedom of religion; freedom to engage in
economic activities and to use the land for the purposes of
agriculture; the right to self-government (including trade and
taxation, determination of citizenship, social services such as child
welfare, health and education); and peace and goodwill.
Card holders are required to recognize the reciprocal treaty rights
of First Nations, including: freedom of movement throughout this
shared land as well as those territories reserved for the exclusive
use of First Nations; freedom of religion; freedom to engage in
economic activities and assurance to a right to a livelihood as well
as assistance in times of need; self-government (including trade
and taxation, determination of citizenship, and social services); and
peace and good will. All rights of both settlers and First Nations are
further delimited by our shared responsibilities to maintain good
relations and to be good stewards of the land.
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End
Wela’lioq