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Social Studies 9 > Chapter 4 > Flashcards

Chapter 4 Flashcards

1
Q

What are collective rights?

A

Rights owned by a group of people

  • Groups which are considered the founding people of Canada
  • Unique people

Collective rights are part of the dynamic relationship between Canada’s government and Canadian citizens.

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2
Q

Anglophone

A

A person whose first language is English

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3
Q

Francophone

A

A person whose first language is French

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4
Q

Francaphone and anglaphone people rights

A

The rights of both groups are protected by the constitution

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5
Q

Why do we have French language schools?

A

French or English minority populations (of sufficient size) have the right to publicly funded education.

why we have Catholic schools

1867 British North America Act (BNA)

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6
Q

1867 British North America Act (BNA)

A

-Recognized the rights of Francophones and Anglophones and, as a result, allowed confederation

-At that time, most Catholics spoke French, and most
Protestants spoke English

-Both groups were guaranteed public education

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7
Q

(3) main aboriginal people?

A
  • First Nations
  • Metis
  • Inuit
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8
Q

First Nations:

A
  • The collective name of Aboriginal Canadians who have their rights covered under the constitutions.
  • Use of the term “Indian” is still present in the constitutions keeping the name used at the time treaties were negotiated
  • First Nations people do not use the word “Indian” to describe themselves.
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9
Q

The Numbered Treaties

A

Agreements between the Queen and First Nations

First Nations and the Government wanted to avoid war over territory unlike the United States

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10
Q

What caused disagreement about treaties?

A

Where Canada’s government recorded Treaties in
writing, First Nations recorded the Treaties in their oral
histories.

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11
Q

“The Indian Act”

A

In 1876 this act was passed and created rules about the lives of First Nations peoples without consulting them

Canada’s government viewed European ways
as superior to those of First Nations and felt that they
needed guidance

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12
Q

When did Residential Schools start?

A

1879

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13
Q

Residential Schools

A
  • Canada’s government wanted to provide education but also wanted to assimilate First Nations
  • Children were removed from their families
  • Lost all connection to their language, culture, and identities
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14
Q

affirm:

A

to validate and express commitment to something

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15
Q

collective identity:

A

the shared identity of a group of people, especially

because of a common language and culture

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16
Q

collective rights:

A

rights guaranteed to specific groups in Canadian

society for historical and constitutional reasons.

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17
Q

Who are collective rights given to? (5)

A 
Aboriginal peoples,
including First Nations,
Métis and Inuit peoples;
and Francophones and
Anglophones.
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18
Q

The purpose of collective rights:

A
  • Collective rights belong to groups of people and are entrenched in Canada’s constitution.
  • The purpose of collective rights is to affirm the collective identity of groups in society and to create a society where people of different identities belong.
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19
Q

one thing that makes Canada unique:

A

collective rights.

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20
Q

What are collective rights?

A
  • In this chapter, collective rights are rights held by groups (peoples) in Canadian society that are recognized and protected by Canada’s constitution.
  • Collective rights are different than individual rights. Canadians hold because they belong to one of several groups in society.
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21
Q

How are collective rights different from individual rights?

A

-individual rights under the Charter of Rights and Freedoms, such as the right to live anywhere in Canada.

-Collective rights are rights Canadians
hold because they belong to one of several groups in society.

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22
Q

Who holds collective rights in Canada?

A

-Aboriginal peoples, including First Nations, Métis and
Inuit peoples.

-Francophones and Anglophones.

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23
Q

Why do some peoples have collective rights and

not others?

A
  • Collective rights recognize the founding peoples of Canada. Canada would not exist today without the contribution of these peoples.
  • Collective rights come from the roots of Aboriginal peoples, Francophones and Anglophones in the land and history of Canada.
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24
Q

Check the collective rights model

A

_

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25
Q

What does the constitution refer to for First Nations people?

A

The constitution refers to First Nations as “Indians,” in keeping with the name used at the time of negotiating Treaties.

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26
Q

Indian:

A

-Europeans used the word Indian to describe the
First Nations of North America,

-Many First Nations prefer not to use the word
Indian to describe themselves.

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27
Q

sovereignty:

A

independence as a people, with a right to self-government

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28
Q

What are the Numbered Treaties?

A

The Numbered Treaties are historic agreements that
affect the rights and identity of some First Nations
in Canada.

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29
Q

What do the Numbered Treaties have roots to?

A

-The Numbered Treaties have roots in the Royal
Proclamation of 1763.

-

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30
Q

What do the Numbered Treaties have roots to?

A

-The Numbered Treaties have roots in the Royal

Proclamation of 1763.

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31
Q

the Royal Proclamation of 1763:

A

-Britain made the proclamation at the end of the Seven Years’ War, as it sought to establish control over lands in North America formerly claimed by France.

-The proclamation recognized First Nations’ rights to
land, and established the principle of making treaties with First Nations through peaceful negotiation.

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32
Q

What are other laws that also affect the collective rights of First Nations:

A

-the Indian Act and section 35 of the constitution.

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33
Q

Are the collective rights still in progress?

A
  • The collective rights of First Nations, Métis and Inuit peoples are a work in progress.
  • Negotiations between Aboriginal peoples and Canada’s government continue today, including negotiations to establish modern Treaties and to clarify rights related to the sovereignty of Aboriginal peoples.
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34
Q

Who were the Numbered Treaties between?

A

The Numbered Treaties were agreements between the Queen and First Nations.

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35
Q

annuity:

A

an annual payment. Under the Numbered Treaties, annuities are mostly symbolic today.

For example, the members
of Treaty 8 each receive
$5.00 per year.

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36
Q

reserve:

A

land for the exclusive use of First Nations

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37
Q

Did all First Nations sign the Numbered Treaties?

A
  • Not all First Nations peoples signed Treaties.

- Their collective rights are affirmed in section 35 of the constitution.

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38
Q

What were the Numbered Treaties to the First Nations?

A

-For First Nations, the Numbered Treaties are sacred — nation-to-nation agreements, solemnly made, that cannot be changed without their agreement. Treaty rights and citizenship go together
for First Nations now, in the past, and into the future.

-First Nations agreed to share their lands and resources in peace. Canada’s government agreed to terms covering First Nations’ education, reserves, annuities, and other matters.

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39
Q

Treaties and their dates?

A
  • TREATY 1 - 1871
  • TREATY 2 - 1871
  • TREATY 3 - 1873
  • TREATY 4 - 1874
  • TREATY 5 - 1875
  • TREATY 6 - 1876–1899
  • TREATY 7 - 1877
  • TREATY 8 - 1899
  • TREATY 9 - 1905
  • TREATY 10 - 1906–1907
  • TREATY 11 - 1921
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40
Q

What were the major Numbered Treaties in Alberta and what were the terms:

A

Treaties 6, 7, and 8:

TERMS:

  • Health Care
  • Education
  • Hunting and Fishing Rights
  • Reserves
  • Farming Assistance
  • Payments, Annuities, and Special Benefits
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41
Q

What term did Treaty 6 not have?

A

NONE

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42
Q

What term did Treaty 7 not have?

A

Health Care

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43
Q

What term did Treaty 8 not have?

A

Education (Mentioned in the written report of the negotiations, but not mentioned in the written terms of the Treaty.)

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44
Q

Why did the Elders view the Treaties sacred?

A

It is an agreement between the First Nations in this region and her Majesty the Queen — so, the people of Canada. We saw it as a way to live in harmony with European settlers, and to share the land and its resources. Treaty 8 is fundamental to our people.- Elder Paul Eugene

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45
Q

Why did Elders sign the Treaties?

A

We signed the Treaty to live in harmony with the people of Canada and their government. To us, this makes all the people of Canada Treaty people, just as we are. -Elder Bruce Starlite,

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46
Q

Reasons why Canada negotiated the

Numbered Treaties

A
  • Canada wanted to build a railway to link the province of British Columbia to the rest of Canada and to open the west to immigration. B.C. joined Confederation on this condition.
  • First Nations and Canada’s government wanted to avoid war. Just to the south, Aboriginal peoples and the United States were fighting wars over territory.

-First Nations wanted to secure their future. They
were facing economic and social upheaval from
smallpox epidemics, the eradication of the buffalo,
the end of the fur trade, and the pressures of European
settlement.

-The Royal Proclamation of 1763 recognized the rights of First Nations to their lands in parts of North America claimed by the British.

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47
Q

What were some of the Problems First Nations were facing before the Treaties?

A
  • economic and social upheaval from smallpox epidemics,
  • eradication of the buffalo,
  • end of the fur trade,
  • pressures of European settlement.
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48
Q

Canada’s government vs aboriginals perspective under the Treaties?

A

-Canada’s government believes First Nations gave up their land under the Treaties.

-Many First Nations disagree,
especially since their worldviews do not think of land as something anyone can “own” or “give up.”

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49
Q

How were the Treaties recorded?

A

-First Nations recorded the Treaties in their oral
histories in their own languages.

-Canada’s government recorded the Treaties in writing in English.

The oral and written records disagree on key aspects of the Treaties.

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50
Q

Who takes care of the talking sticks?

A

Darlene LIttlebear- MacIntosh takes care of the talking sticks —the oral record — of Treaty 6 for her people.

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51
Q

Collective rights recognize the _____________________ of Canada

A

The founding peoples of Canada

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52
Q

Give one example of a group or nation that has worked or is still currently working to achieve sovereignty

A

Our FN, Bermuda, Guam, US Virgin Islands, American Samoa, Puerto Rico

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53
Q

Numbered Treaties are ___________ agreements that affect the ___________ and identity of some ____________ (two words) people in Canada.

A

1) Historic
2) Rights
3) First nations

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54
Q

A. Which document announced that Britain had finally won control of North America from the French?

A

Royal Proclamation of 1763

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55
Q

What two items did this document recognizes specifically for First Nations People:
ROYAL PROCLAIMATION

A
  1. rights to land

2. established the principle of making treaties

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56
Q

What were the six areas of discussion/agreement that the treaties covered?

A 
Share lands
education
annuities
Share resources
reserves
Other matters
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57
Q

Another name for the Numbered Treaties is……..

A

post confederation

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58
Q

What years have were the Treaties signed between…..

A

1871-1921

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59
Q

What did the treaties provide the ‘Crown’ with?

A

land for industrial development and White settlement

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60
Q

What were 5 things promised in return for the First Nations?

A
  • special rights to treaty lands
  • distribution of cash payments
  • hunting and fishing tools
  • farming supplies
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61
Q

What were the 2 main reasons that the Canadian government want to expand westward using the Numbered treaties to do so?

A
  • securing the nation’s economic future

- feared their neighbors to the south would annex these lands

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62
Q

why in some cases the Canadian government and the First Nations disagree about the issue of ‘land ownership

A

Canada’s government believes First Nations gave up their land under the Treaties. Many First Nations disagree, especially since their worldviews do not think of land as something anyone can “own” or “give up.”

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63
Q

Why do you think the oral and written histories disagree?

A

Oral tradition can change when being passed down from generation to generation/ Written can also be changed if the writing party is being dishonest

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64
Q

Even though both sides may have had the best of intentions, what could have been the potential problems for both sides when they negotiated using interpreters?

A

The interpreter’s first language, might mean they don’t catch all of the nuances of the other language they are hearing or speaking

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65
Q

What are ‘talking sticks’ and why are they important to First Nations’ culture?

A

The oral record

-Each talking stick corresponds to a provision in the
written Treaty, with one exception. The first stick,
considered the most important, describes Treaty 6
as an agreement between First Nations and the
Queen of Britain,

66
Q

Why is using the term “Indian” an incorrect way of referring to First Nations peoples?

A

They are not from India

67
Q

What did the Indian Act of 1876 do? Why did First Nations resent this Act?

A

Made rules about the lives of First Nations peoples without consulting them. Canada’s government viewed First Nations as peoples who needed guidance.

68
Q

If you were an ‘Indian Agent’ back then, what was your job description?

A
  • An Indian agent was the chief administrator for Indian affairs in their respective districts
  • although the title now is largely in disuse in preference to “government agent”.
  • The powers of the Indian agent held sway over the lives of all First Nations peoples in their jurisdictions.
69
Q

What is the difference between a government law and a government policy? Provide an example of both.

A

A law describes principles or conditions that must be followed
-The Numbered Treaties — the law

A policy describes the objectives of the government, within the law.
-policy of the federal government was to provide this
through residential schools.

70
Q

Why did the government apologize for the schooling system?

A

Took children away from parents, banned their traditions, clothing, celebrations, language etc.

71
Q

What does assimilation mean?

A

become part of a different cultural group (may be forced or inevitable through societal contact)

72
Q

What is ethnocentrism?

A

the belief that one’s culture is superior to all other cultures

73
Q

What is the Indian Act?

A

Federal legislation related to the rights and status of First Nations peoples (“status Indians”), first passed in
1876 and amended several times

74
Q

What did Number Treaties say the government’s responsibility was to Natives?

A

Canadian government’s duty to protect the collective rights of First Nations

75
Q

What were Indian Agents?

A

with the power to decide individually how the government would fulfill its duties.

76
Q

What does the Indian Act define?

A

who may be registered as a “status Indian” with Treaty rights.

77
Q

What was the original aim of the Indian Act?

A

assimilate First Nations peoples.

78
Q

What does section 87 of the Indian Act state

A

Some First Nations people living on reserves do not pay taxes. Under section 87 of the Indian Act

79
Q

Why did First Nations people oppose Bill C-61?

A

Were not consulted, rejected in principle because did not recognize their status as nations with the right to rule themselves

80
Q

What might Grand Chief Matthew Coon Come mean when he describes Bill C-61 as, the “Indian Act, Part II?”

A

Same old, a continuation of the original act where they were not consulted. He said that they should be able to determine their own fate, determine their own political institutions, we can run, manage and administer their own affairs

81
Q

What do Francophone students in Alberta and Anglophone students in Quebec have in common?

A

They are a minority in the area that they live in and receive language and education right protection as a result

82
Q

What is an official language minority?

A

a group that speaks one of Canada’s official languages (English or French) and that does not make up the majority population of a province or territory

83
Q

What is a Francophone school?

A

Francophone schools provide instruction for Francophone students — students whose first language is French.

84
Q

When was Quebec established?

A

established by France in 1608.

85
Q

What is official bilingualism?

A

Sections 16 to 20 of the Charter establish French and English as official languages of Canada,

86
Q

What is section 23 of the Charter of Rights and Freedoms?

A

Section 23 of the Charter says that a French-speaking or English-speaking minority population of sufficient size in any province has the right to publicly funded schools that serve their language community

87
Q

What was the Quebec Act of 1774?

A

Britain passes the Québec Act, recognizing the rights of Francophones to their language and identity.

88
Q

What did the BNA Act do for our bi-cultural country?

A

Confederation establishes Canada as a bilingual, bicultural nation under British North America

89
Q

Give one reason why Francophone and Anglophones made an alliance at the foundation of Confederation?

A

the alliance for many reasons, including a desire to stay independent and distinct from the United States. This alliance would not have happened without a commitment to rights affirming Francophone and Anglophone identity.

90
Q

1890:What was the Manitoba Schools Act?

A

Manitoba entered Confederation in 1870, as a bilingual province with rights to publicly funded Catholic schools that served the Francophone community and Protestant schools that served the Anglophone community.

  • Abolished public funding for Catholic schools.
  • Made Manitoba an officially English-only province.
91
Q

1892:What was the Haultain Resolution and Ordinance 22?

A
  • It called for the proceedings of the assembly to be English only.
  • Ordinance Number 22 required English as the language of instruction in all schools.
92
Q

Who was given the order of Canada for her work to obtain the first publicly funded Francophone school in Alberta?”

A

Claudette Roy, C.M.,

93
Q

What was Bill 101?

A

This Québec law sets down rules for protecting and promoting the use of the French language in Québec. It states these reasons:

  • French-speaking people are distinct people and French is the language that expresses their identity.
  • The people of Québec want to make French their language of government and the everyday language of work, education, and business.
94
Q

In 2007,(Aboriginal Day of Action) what did the chiefs’ perspective on the Treaties in the article?

A
  • First Nations negotiated the Treaties to share the land so that First Nations peoples and non-First Nations peoples could benefit.
  • Treaties were, and are nation-to-nation agreements.
  • First Nations were, and are, diverse peoples. The chiefs called on Canadians to lobby the federal government to recognize the true spirit and intent of the Treaties.
95
Q

Modern agreements — or modern Treaties — between Aboriginal peoples
and governments in Canada also establish collective rights. For example:

A

• Nunavut Land Claims Agreement (1993): established Inuit title to
more than 350 000 square kilometers in Nunavut.
• Sahtu Dene and Métis Comprehensive Land Claim Agreement
(1994): established the rights of the Sahtu Dene and Métis to
41 437 square kilometers in the Northwest Territories, and to
negotiate an agreement to govern themselves.
• Nisga’a Final Agreement (2000): established the rights of the Nisga’a
Nation to more than 1900 square kilometers in British Columbia and
to govern themselves.

96
Q

2005 Prime Minister Paul Martin:

A

We recognize the Treaty and Aboriginal rights
protected in our constitution. This is the
foundation for our relationship… Today we
reaffirm our commitment to renewing our
approach to implementing self-government and
treaties, and to the resolution of Aboriginal rights
to land and resources…

97
Q

1876

A Perspective from Treaty 6

A

What we speak of will last as long as the sun
shines and the river runs. We are looking to the
future of our children’s children.

— Cree spokesman Mistahwahsis

98
Q

Canada’s government
struck medals like this to
commemorate the
Numbered Treaties.

A

True

99
Q

1876
What I will promise, and what I believe and hope
you will take, is to last as long as the sun shines
and the rivers flow…

A

Alexander Morris,

100
Q

A Perspective from Treaty 6

A

First Nations were and are independent peoples with their own processes of government and ways of organizing their nations.

101
Q

1876: The Indian Act

A

Canada’s parliament passed the Indian Act, which made rules about the lives of First Nations peoples without consulting them. At the time, Canada’s government viewed First Nations as peoples who needed guidance. This connected to Canada’s colonial past, and the attitude that European ways were superior to the ways of other peoples.

102
Q

What did Canada’s government appoint under the Indian Act

A

-Under the Indian Act, Canada’s government
appointed Indian Agents to run reserves.

-Canada’s government-appointed Indian Agents without consulting First Nations.

103
Q

What were some of the rules in the Indian Act of 1876?

A

Those entitled to vote shall be the male members of the band of the full age of 21.

The chiefs of any band of Indians shall be elected, at such a time and place as the [federal government] may direct, and they shall be elected for a period of three years, [unless the federal government decides to remove them.

104
Q

1879: Residential Schools

A

Canada’s government-commissioned MP Nicholas
Davin to recommend how to provide First Nations
with education and to assimilate them at the same
time. The Davin report in 1879 recommended
residential schools. Residential schools removed
children from their families and disrupted their
connections to their languages, cultures, and identities.

Recently, Canada’s government has begun to
compensate former students of residential schools
for the trauma they suffered.

105
Q

The aims of the Indian Association of Alberta shall be:

A
  1. To maintain treaty rights.
  2. To advance the social and economic welfare of Indian peoples.
  3. To secure better educational facilities and opportunities.
  4. To cooperate with federal, provincial and local governments
    for the benefit of Indians.
106
Q

When did the First Nations in Alberta organize the Indian Association of Alberta?

A

1939

107
Q

Government policies and the Indian Act sought to
replace the traditional ways of First Nations with
European ways, such as farming.

A

For example, at points in its history, the Indian Act prohibited First Nations people from wearing traditional clothing.

108
Q

entrenching:

A

fixing firmly

within

109
Q

patriate:

A

to bring to a country something that belongs to the country

110
Q

First Nations, Métis, and Inuit peoples realized Britain might consider changing the constitution before it was patriated. In the end, their work ensured Canada made this change.

A

The result: section 35 of Canada’s constitution recognizes First Nations, Métis, and Inuit peoples as Aboriginal peoples, and recognizes their existing Treaty and Aboriginal rights.

111
Q

When was the constitution made?

A

1982:

112
Q

What’s the difference
between primary and
secondary sources?

A

-Primary sources are created by
people who actually saw or
participated in an event and
recorded their reactions

-Secondary
sources are created by
someone not present at the
event,

113
Q

What is the Indian Act?

A

-The Numbered Treaties confirmed the Canadian government’s duty to protect the collective rights of First Nations. The Indian Act was one way the government attempted to do this. Under the
act, the federal government is able to develop specific policies and programs to administer Treaty rights to First Nations.

-The Indian Act dates from 1876. At the time, Canada’s
the government thought it appropriate to make laws for First Nations without consulting them.

114
Q

What were some of the rules of the Indian Act?

A

– It defined how First Nations peoples had to conduct their affairs, such as band elections, although First Nations had their own ways of governing themselves.

  • the act restricted the right of First Nations people to travel freely, to take political action, to wear traditional dress, and to take part in traditional ceremonies.
  • Until 1960, the act required First Nations people to give up their legal identity and Treaty rights to gain the right to vote.
115
Q

Does the Indian Act still exist?

A

Pressure from First Nations has caused Canada’s government to revise the Indian Act several times. The act remains in force today.

116
Q

Laws Affirming Collective Rights

A 
• Treaties 6, 7 and 8
• Indian Act
• Official Bilingualism
• Minority Language Education
Rights
• Manitoba Act
• Section 35, Constitution Act
117
Q

Anglophone:

A

a person whose first language is English

118
Q

Francophone:

A

a person whose first language is French

119
Q

official language

community:

A

one of the groups in Canadian society whose members speak an official language of Canada — French or English — as their first language

120
Q

Alberta has Francophone schools because of the official language minority education rights of Franco-Albertans, recognized and protected in
Canada’s Charter of Rights and Freedoms.

A

-

121
Q

What are official language minorities?

A

a group that speaks one of Canada’s official languages

(English or French) and that does not make up the majority population of a province or territory

122
Q

WHAT’S A FRANCOPHONE SCHOOL?

A

26 Francophone schools in Alberta. Francophone schools and school boards are a right of Alberta’s Francophone minority under section 23 of Canada’s
Charter of Rights and Freedoms.

Francophone schools provide instruction for Francophone students.

They are different from French immersion schools, which teach French to students whose first language is not French.

123
Q

Official bilingualism:

A
  • Sections 16 to 20 of the Charter establish French and English as official languages of Canada, and the right of Canadian citizens to conduct their affairs with the federal government in either official language.
  • These sections also establish New Brunswick as an officially bilingual province.
124
Q

Minority language education rights

A

Section 23 of the Charter says that a French-speaking or English- speaking minority population of sufficient size in any province has the right to publicly funded schools that serve their language community.

125
Q

French development in Canada

A

-1608 Samuel de Champlain founds the city of Québec and establishes New France in North America.
-1774 Britain passes the Québec Act, recognizing the
rights of Francophones to their language and identity.
-1867 Confederation establishes Canada as a bilingual, bicultural nation under the British North America (BNA) Act.
-1969 The Official Languages Act reasserts the equality of French and English as official languages of
Canada, as established at Confederation.
-1982 The Charter of Rights and Freedoms confirms
official bilingualism and establishes official
language minority education rights.

126
Q

Where do the Charter rights of official language groups

come from?

A

• Rights for Francophones and Anglophones are part of what made Confederation, and so Canada, possible.
• Under the British North America Act (BNA Act) in 1867,
Confederation established Canada as a bicultural, bilingual country with rights for Francophones and Anglophones.
• It made French and English official languages of Canada’s parliament.
• It guaranteed public schools for the Protestant minority in Québec and the Catholic minorities in the rest of Canada.

127
Q

What established Canada as a bilingual country

A

Confederation established Canada as a bilingual, bicultural country

128
Q

1890 Manitoba Schools Act

A

the Manitoba Schools Act:
• Abolished public funding for Catholic schools.
• Made Manitoba an officially English-only province.

129
Q

1892 Haultain Resolution and North-West Territories Ordinance:
Number 22

A

• The Haultain Resolution was proposed by the premier of the territory, Frederick Haultain, and passed by the territory assembly. It called for the proceedings of the assembly to be English only.

• Ordinance Number 22 required English as the language of
instruction in all schools.

130
Q

What does section 23, which sets out?

A

He considered section 23, which sets out the education rights of official language minorities, particularly important.

131
Q

What did Claudette Roy, C.M., do?

A

led her community to obtain the first publicly-funded Francophone school in Edmonton in 1984, after
section 23 of the Charter of Rights and Freedoms enshrined minority language education rights in
Canada’s constitution.

132
Q

What did Québec’s government pass in 1977?

A

In 1977, Québec’s government passed the Charte de la langue française (Charter of the French Language), or Bill 101.

133
Q

What is Bill 101: Charte de la langue française?

A

This Québec law sets down rules for protecting and
promoting the use of the French language in Québec. It states these reasons:

• French-speaking people are a distinct people and
French is the language that expresses their
identity.

• The people of Québec want to make French the
language of government and the everyday
language of work, education and business.

134
Q

What did Denis Coderre say about the Charter?

A
  • The Charter of Rights and Freedoms says you can be equal and different at the same time.
  • to protect your freedoms and to protect who you are
  • The Charter is clearly a fundamental law that defines who Canadians are.
135
Q

inherent rights:

A

rights with origins in fundamental justice

136
Q

How are First Nations and Metis different

A

Unlike First Nations, the Métis do not have any historic treaties with Canada’s government.

Métis consider rights to land, and rights to use the land in traditional ways, as inherent rights — rights they have because they are First Peoples.

137
Q

What are the organizations Metis are represented by?

A

the Métis Nation of Alberta

Métis Settlements General Council.

138
Q

What is scrip?

A

in Métis history, a document that could be exchanged for land and that was offered to the Métis at the time the Numbered Treaties were negotiated

Scrip could be exchanged for land, but the Métis found it difficult to use scrip to establish a large tract of land
where they could live together.

Many Métis sold their scrip and left Manitoba. They moved west, into what would become Saskatchewan
and Alberta.

139
Q

What did the Manitoba Act do for the Metis?

A

-1869–1870 The Métis-led Red River Resistance resulted in the Manitoba Act, passed by Canada’s parliament:

-established Manitoba as a bilingual province,
-education rights for Catholics and Protestants,
-Métis land rights.
The act specified the Métis would receive more than 500 000 hectares of land in addition to the farms they had established along the Red River.

140
Q

What did the government do for the Metis in 1875–1879:

A

-Canada’s government issued scrip to the Métis, instead of establishing Métis lands in Manitoba.

it offered the Métis a choice:

  • to accept scrip
  • to become “Treaty Indians” under a Numbered Treaty.
141
Q

What was the Métis perspective?

A

The Métis perspective was — and is — that the Métis have rights to land as an Aboriginal people.

142
Q

What happened in 1885 for the Metis?

A

The Northwest Resistance sought to protect Métis lands in what is today Saskatchewan, as the railway and settlers moved into western Canada.

-For many Métis, it was a way to assert their rights, like
the Red River Resistance.

-For others — including Canada’s government at
the time — it was an attempt to overthrow Canada’s authority.

143
Q

What happened to Metis in 1896–1910?

A

Métis settlers established farms at St. Paul des Métis — near what is today St. Paul, Alberta — on land provided by the Catholic Church.

The Métis did not have title to this land, however, and had to leave when the settlement was closed.

144
Q

What happened to Metis in 1938?

A

L’Association des Métis de l’Alberta et des Territoires du Nord-Ouest lobbied Alberta’s government to set aside land for the Métis.

Alberta’s government passed the Métis Population Betterment Act in 1938, which established twelve temporary Métis settlements.

This was the first time in Canada’s history that a government had provided the Métis with the land.

145
Q

What happened to Metis in 1940–1960?

A

The temporary settlements did not give
the Métis control of the land.

When four of the settlements proved unsuitable for
farming, hunting or fishing, the settlements were closed and the land went back to the government of Alberta.

146
Q

What happened to Metis 1982?

A
  • The Métis lobbied for recognition of Métis rights in Canada’s constitution.
  • When the constitution was patriated, it included section 35, which recognizes the Métis as one of Canada’s Aboriginal peoples with rights.

The existing Aboriginal and Treaty rights
of the Aboriginal peoples of Canada are
recognized and affirmed.

147
Q

What happened to Metis in 1990?

A

Alberta’s government enacted legislation under which the Métis received the Métis settlements as a permanent land base with the right to manage their own affairs. The legislation included:

  • Constitution of Alberta Amendment Act.
  • Métis Settlements Accord Implementation Act.
  • Métis Settlements Act.
  • Métis Settlements Land Protection Act.

an agreement with Alberta’s government established the right of the Métis to participate in the development of oil and gas resources on settlement lands.

The Métis Settlements General Council
(MSGC) holds the collective rights of
the Métis to the settlement lands.

148
Q

autonomy:

A

authority to make decisions

149
Q

What happened to Metis in 2003?

A

The Supreme Court ruled that the Métis have the right to hunt and fish, as one of Canada’s Aboriginal peoples under the constitution.

These rights recognize the unique relationship to the land of the Métis, based on history and their inherent rights as an Aboriginal people.

150
Q

What happened to Metis in 2004?

A

In two separate negotiations, the Métis Settlements General Council and the Métis Nation of Alberta struck agreements with Alberta’s government recognizing Métis hunting and fishing rights. The agreements ensured that the Métis could hunt and fish for food and that they did not need licenses.

Some endorse the rights and see them as part of the Métis’ heritage as an Aboriginal people. Others believe everyone in Alberta should have the same rights to hunt and fish, under laws and licensing regulations set by the provincial government.

151
Q

What happened to Metis in 2006?

A

In April, the Métis in Manitoba launched a court case seeking compensation for land promised, but not delivered, in the Manitoba Act.

152
Q 
Collective rights reflect
the idea of mutual
respect among peoples.
This idea has a long
history in Canada.
For example, it shaped
the Great Peace of
Montréal in 1701, among thirty-nine First
Nations and the French.
A

ii

153
Q

Jean Chrétien was Minister of Indian Affairs
when Canada’s government released the
“Statement of the Government of Canada
on Indian Policy.” The release triggered an
intense protest from First Nations.

A

0

154
Q

The Numbered Treaties confirmed the Canadian government’s
duty to protect the collective rights of First Nations. The Indian
Act was one way the government attempted to do this. Under the
act, the federal government is able to develop specific policies and
programs to administer Treaty rights to First Nations.
• The act affirmed the collective rights of First Nations. It also
created officials for each reserve — “Indian Agents” — with the
power to decide individually how the government would fulfill its
duties. This meant there were many interpretations of what Treaty
rights meant on a case-by-case basis.
• The Indian Act dates from 1876. At the time, Canada’s
government thought it appropriate to make laws for First Nations
without consulting them. This connects to Canada’s colonial past,
when people of European descent believed their cultures superior
to other cultures (ethnocentrism).
• The act defines who may be registered as a “status Indian” with
Treaty rights. This means the federal government mostly controls
these decisions, not First Nations themselves. The Indian Act was
— and is — a way for the government to administer Treaty rights
to Treaty peoples.
• The act originally aimed to assimilate First Nations peoples.
– It defined how First Nations peoples had to conduct their
affairs, such as band elections, although First Nations had their
own ways of governing themselves.
– At points in its history, the act restricted the right of First
Nations people to travel freely, to take political action, to wear
traditional dress, and to take part in traditional ceremonies.
– Until 1960, the act required First Nations people to give up
their legal identity and Treaty rights to gain the right to vote.
• Pressure from First Nations has caused Canada’s government to
revise the Indian Act several times. The act remains in force today.

A

0

155
Q

replace the Indian Act: Bill C-61, the
First Nations Governance Act.
“This legislation puts the power to handle community governance affairs where it
belongs, in the hands of First Nations

A
156
Q

Why did the First Nations reject the Bill C-61

A
  • It was passed without being consulted
    -them adequately before
    drafting the bill. They reject the bill in principle, because it does not recognize their status as nations with the right to make rules for themselves.
    -Minister Nault says the bill is needed because the 126-year-old Indian Act is outdated.
157
Q

Rights for Francophones and Anglophones are part of what made
Confederation, and so Canada, possible.

A

yes

158
Q

What was the rest of Canada during the time of Confederation apart from Quebec?

A

Ontario, Nova Scotia and New

Brunswick.

159
Q

Languages during the Confederation:

A

-Rights for Francophones and Anglophones are part of what made Confederation, and so Canada, possible.

-Under the British North America Act (BNA Act) in 1867,
Confederation established Canada as a bicultural, bilingual

-guaranteed public schools for the Protestant minority in Québec and the Catholic minorities in the rest of Canada.

160
Q

Supreme Court decision: Francophone parents do
not have a right to educate their children in
Anglophone schools in Québec, since this violates
the intent of section 23 to protect Francophone
identity as a minority culture in Canada. Immigrant
parents have this right, if their children have
already received some education in English.

A

-

161
Q

consider Louis
Riel a “Father of Confederation” who upheld the rights of
Aboriginal peoples and Francophones in western Canada.

A

0

Social Studies 9 (12 decks)

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