Flashcards in 5.5 Deck (54):
When did Aboriginals living on reserves get the right to vote?
Why didn't Aboriginal political action not begin until the 1970s on a national level?
Because they didn't have the right to vote.
What were some (4) Aboriginal advocacy groups on the national level? What were some (2) Aboriginal advocacy groups in Saskatchewan?
National: Assembly of First Nations, Congress of Aboriginal Peoples, Metis National Coucil, Native Women's Association of Canada.
Saskatchewan: Federal of Saskatchewan Indian Nations, and Metis Nation of Canada
What was the Indian Act? When did it change?
A repressive act that governs all aspects of an Indian's life. Defines who is an who is not a registered Indian. It changed with the intro of the Canadian Charter of Rights and Freedoms and has allowed Aboriginal people greater control and use of the court system in their favour when this bill has been passed.
What does article 25 of the Charter guarantee?
No rights and freedoms shat take away from any treaty or rights of FN
A) any rights or freedoms that have been recognized by the RPC
B) any rights or freedoms of land claims
What are the 4 points of article 35?
1. Existing traty rights are recognized
2. Aboriginal includes Indian, Inuit, and Metis
3. Treaty rights include rights that now exist by way of land claims
4. Aboriginal treaty rights are guaranteed for males and females
What is Bill-31?
An act to amend the Indian Act and remove discrimination against Indian women from the Indian Act and bring it into accord with the Charter of Rights.
When was bill31 enacted?
What did Bill-31 remove and give Indian Women?
Removed the sub-section that took away women's status when they married non-Indians and gave all Indian women that lost their status the opportunity to regain their and their children's status.
What are 6 problems with Bill-31?
1. Second generation cut-off status
2. Families of women who married out are still discriminated against
3. To maintain the status of their children, women have to prove that the father of their child is registered as an Indian.
4. Now the children of women and men who marry out may lost their status--with time and intermarriage, there will be no more Indians.
5. Two categories of registered Indians have been created 6 (1) and 6 (2)
6. Status no longer confers band membership
What are 4 specific problems with women and Bill-31?
1. The rights of Indian women a re still ess than those of Indian men.
2. Indian women do not have equal rights to matrimonial property or assets on reserves.
3. Indian women who regained status may not have been accepted as band members--thus they may not have been able to return to their reserve and to their former homes.
4. Such losses are linked to poverty and this is linked to susceptibility to violence in urban communities.
What does Section 67 state and what does this mean? (What act trumps what)?
-Nothing in this Act affect the Indian act or any provision made under it
-All individuals should have an opportunity equal with other individuals without being prevented by discriminatory practices.
What this means is that the Indian Act trips the Human Rights Act.
What is act c-21?
An act to amend the CHRA--proposes the removal of section 67 of the CHRA after a 6 month transition period.
What will Bill C-21 fix?
Aboriginal women do not have the same matrimonial property rights as non-aboriginal women--> will be fixed
Aboriginals do not have the same rights under the Canadian Charter of Human RIghts--> will "fix" that
Gives due regard to FN traditions and customary laws
What people are not entitled to Indian status?
A) any person who was registered under paragraph 11(1)(f) as it read prior to April 17, 1985--> If that person wasn't registered before 1985, not an Indian
B) If a child is born and one parent is not registered, then that child is not an Indian
What is Misconception 1: Terminology?
Aboriginal and Native are used to define one homepage ours group of people in Canada.
What are the terms "Aborriginals", "Native", and "Indigenous" used to descrive?
Three distinct cultural groups known as the Inuit, Metis, and First Nations.
Within the First Nations, there are how many FN bands and how many nations, and how many languages?
633 FN bands
When should the term Aboriginal be used?
Only as an adjective to desvribe individuals or mixed groups of FN, Metis or Inuit people.
What is Misconception 2: Rights and Benefits?
FN are the only people to have special rights and benefits above other Canadians.
What are a few of the areas that FN get special rights?
1. Where constitutionally-protected FN rights exist, they do have priority over others (ex. The right to fish)
2. Som registered FN are enrolled under claim settlements, and enjoy benefits such as reserve land, hunting and fishing rights, payment of annuities
3. Gov't will provide housing and post-secondary assistance
4. Many services provided by provinces to other Canadians are provided to FN on reserves federally
5. Gov't provides assistance to those who cannot afford housing, medical aid, social assistance, tax rebate to low income families
6. Foreign diplomats to Canada are a let o take advantage of provincial sales tax exemption
What is Misconception 3: Conditions in Aboriginal communities?
FN peoples are better off than the rest of Canadians.
What was participation rate by Aboriginals in the labour force? What was general Canada's?
How does income earned per employed Aboriginal person in 1991 compared to that of all other Canadaisn. What did it decline by from 1981 to 1991?
$14, 561 compared to $24 001. Declined by $1000.
What is the percent of Aboriginal inmates in jail federally? Manitoba? Saskatchewan?
How much higher are Tuberculosis and diabetes among Aboriginals?
17 times and 3 times higher
How much higher is the suicide rate among Aboriginals peoples?
Could be two to seven times higher
How does the infant mortality rate compare in 1996 (Aboriginal and Canada)?
6.1 for every 1000 births for Canada
11.6 out of 1000 for FN
In 1996, how did housing units in Canada that were occupied by more than one person per room compare between FN and Canada?
18.6% for FN
How many water systems out of 863 in FN communities could be a threat to human health?
171/863 or 20%
What is Misconception 4: Taxation?
All Aboriginal peoples are tax ement.
Do Aboriginals have to pay tax? Which are exempted from federal and provincial income taxes?
Income earned by registered Indians working on-reserve for a company which is located on-reserve are exempted from federal and provincial incomes taxes.
Which FN must may income taxes?
Those who work off-reserve or for a company located off reserve whose business is not specifically geared towards Aboriginal people. Depending on the province, some registered Indians do not pay provincial sales tax, and registered Indians do not have to pay the GST on goods delivered to the reserve. If goods are pruchased off-reserve and not delivered to the reserve, the GST must be paid.
What is Misconception 5: Financial Accountability?
FN are incapable of administering their own finances.
What is every FN in Canada required to submit to the federal gov't before receiving next year's funding?
An annual audit
__% of FN have fully met federal audit requirements.
__% of FN with federally approved audits require remedial management in some problem areas.
__% of FN who have received qualified audits are considered to be experiencing severe financial problems.
FN are improving their financial administration capabilities through a number of local and national initiatives which include: (signing of what)?
Signing a memorandum of understanding on March 30, 1998 between the Assembly of FN and the Certified General Accountants' Association of Canada
What is Misconception 6: Economic Development?
Because of the remote location of many Fn communities, economic development in non-existent on reserves and there are a few Aboriginal businesses.
How many Aboriginal businesses in Canada are there?
Over 20 000
What did the Aboriginal Business Survey of 723 Aboriginlal businesses conducted by Aboriginal Business Canada and Statistics Canada in 1996 find that:
How many aboriginals have identified as owning a business?
Which gender owns most?
How many aboriginal adults own a business as compared to other Canadians?
How many were full time operations?
How many were off reserves?
**percents except for first one.
-over 20 000 aboriginal peoples have been identified as owning a business
-twice as likely to be owned by men
-3.9% of Aboriginal adults own a business versus 7.9% in Canada
-70% of businesses were full time operations
-57% off reserves
What does section 89 of the Indian Act say?
It prohibits FN land from being mortgaged. It prevents FN people living on0reserve from using their land as collateral.
**because they don't actually own it individually--owned by the band.
What is Misconception 7: Living Conditions?
All FN communities face living conditions similar to those of third world countries.
How are FN leaders working to improve living conditions on-reserve?
Working to increase their land-base and are seeking fair and equitable access to resources.
What is the total accumulated size of all Indian reserve land south of 60 in Canada?
2, 676, 469.9 hectares
What is Misconception 8: Housing and Education.
All Aboriginal people receive free housing and post-secondary education?
Do Metis and non-Status Indians receive free housing and education?
What do status Indians get under DIAND's on-reserve housing policy?
Obtain funds through their band councils to build or renovate their homes. In many cases they repay the loans over a number of years.
What kind of educational assistance does DIAND provide for on-reserve status Indians?
Elementary education assistance and post secondary education assistance to Inuit and Status Indians.
What kind of educational funding can Status Indians students receive?
Post-secondary assistance through their band councils, and provincial financial pal assistance in the form of grants or loans that must be repaid.
For how long has federal funding for post-secondary education remained the same? Why is this a problem?
Since 1987 with only a 2-3% increase. At the same time the number of Inuit and Status Indians applying is up and tuition fees keep rising, so fewer and fewer students access education funding.
What was/is the impact of the Constitution on Aboriginal rights?
Aboriginal people lobbied to have Aboriginal rights specifically mentioned in the Canadian Charter of Rights and Freedoms. Although their individual rights were protected, Aboriginal leaders wanted to make sure that their collective rights were also protected as they were concerned that the Charter might be used to override collective rights, such as land rights. In the Constitution Act some of their work paid off as the charter affirmed existing Aboriginal and treaty rights and stated that the rights and freedoms of the individual cannot take away any rights Aboriginal people have ow or may acquire in the future. Rights are also protected such as marriage and adoption practices, hunting, fishing and harvesting rights and the recognition of Aboriginal title to traditional lands. One of the most significant clauses was the inclusion of the Metis in the definition of Aboriginal peoples. This legal recognition gave the Metis people greater voice in determining their future.
How have Aboriginal groups challenged the charter?
Many have turned to the courts to protect their rights and freedoms. The Supreme Court has issued more than 360 rulings on the Charter from 1984 to 1990. One of the Charter challenges of most significance for FN people was over gender discrimination in the Indian Act.
What have been the consequences of Bill C-31?
The consequences of Bill C-31 have been that there may be shortages of reserve space and resources. Bill C-31 meant that FN women would no longer lose their Indian status if they married a non-status man, and women and children who had lost their status under the old act could apply to be reinstated.