Lesson 9 — Activity 2: Indigenous Rights

Warm Up

Section 25 of the Canadian Charter of Rights and Freedoms is the first section under the heading "General" in the Charter. This section aids in the interpretation of rights elsewhere in the Charter. Section 25 is also the Charter section that deals most directly with Indigenous peoples in Canada. You will learn more about indigenous rights in this activity.

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Section 25 of the Charter recognizes the rights of Indigenous peoples of Canada (which include First Nations, Inuit, and Métis peoples of Canada) in order to protect the culture, customs, traditions, and languages of Indigenous peoples. This section makes it clear that other rights contained in the Charter must not interfere with the rights of Aboriginal peoples. For example, where Indigenous peoples are entitled to special benefits under treaties, other persons who do not enjoy those benefits cannot argue that they have been denied the right to be treated equally.

Explore!

Explore the Virtual Canadian Charter of Rights and Freedoms!

Click here to open the website on the Canadian Charter of Rights and Freedoms. Find the following section:

Section 25: General

Read through the section. You will learn more about these rights below.

With respect to Indigenous rights in Canada, it is also important to be aware of Section 35 of the Constitution Act, 1982. This section provides constitutional protection to the Indigenous and treaty rights of Indigenous peoples in Canada. The section, while within the Constitution of Canada, falls outside the Canadian Charter of Rights and Freedoms. The section does not define the term "Aboriginal rights" or provide a closed list; some examples of the rights that section 35 has been found to protect are fishing, logging, hunting, the right to land, and the right to enforcement of treaties.

Click here for more information on Section 35 of the Constitution Act, 1982.

Indigenous Treaties

Indigenous treaties in Canada are agreements that set out promises between the government and Indigenous peoples. Most of these agreements describe exchanges where Indigenous groups agreed to share some of their interests in their ancestral lands in return for various payments and promises.

There were 11 numbered treaties signed in total between 1871 – 1921.

The major treaties affecting Alberta are Treaties 6, 7, and 8 — signed in 1876, 1877, and 1899, respectively.

Eleven Numbered Treaties

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Treaty 6 (1876) — gave each family land, annual payments, famine and disease assistance, education, and a medicine box.

Treaty 7 (1877) — covered education, hunting and fishing rights, reserves and tribes, farming rights, and annual payments.

Treaty 8 (1899) — was similar to Treaty 6 and Treaty 7, but the land that was covered was much larger.

In signing these treaties, the Canadian government believed that it was securing transfer of lands from First Nations to the government. The government wanted these treaties with the Indigenous peoples in order to obtain land and resources, to build the railway, and to create farmland areas for immigrants. The government also wanted these lands so that they could extend Canada’s nation sea to sea and to claim and use natural resources in northern Canada (e.g., oil, gold, etc.).

Canada's government believes First Nations People gave up their lands under the Treaties. Many First Nations People disagree, especially since their worldviews do not think of the lands as something anyone can "own" or "give up". In exchange for land, Canada promised to give First Nations various items: cash, blankets, tools, farming supplies, etc. In March 2002, an Alberta court judge ruled that all First Nations People covered under Treaty 8 don't have to pay federal taxes, regardless if they live on a reserve or not.

In exchange for giving up their Indigenous title to the land and other rights, First Nations people would be given cash and other benefits in return. As hunting and food supplies became limited, Indigenous peoples became more dependent on food rations from the government, trade with the new immigrants, and agriculture. These treaties promised reserve lands, hunting and fishing rights, money, annual payments, and assistance with education, medical care, and agricultural machinery to the Indigenous people. However, not all of the promises made by the government were respected.

There were many harmful effects on the Indigenous peoples after the signing of these treaties, including the following:

They were forced to move to reserve lands, often the poorest areas for agriculture.

Freedom of movement was restricted, and the people were confined to reserves rather than being free to follow their traditional migratory lifestyle.

People designated as Aboriginal people by the government did not having voting rights or participation in government.

Relations with the North West Mounted Police deteriorated as a result of conflicts regarding treaties.

The railroad, increase in immigrant population, and farms eroded hunting habitat and made it less possible to survive on hunting and fishing.

The arrival of many immigrants brought European diseases (smallpox, tuberculosis, measles), which spread rapidly among the First Nations peoples.

The Charter reverses many of the wrongs made by the treaties and has improved the lives of Indigenous peoples. They now have the freedoms and rights of an ordinary Canadian citizen, but they are also considered separate (they have collective rights). The First Nations people and the federal government continue to negotiate the treaties.

However, the process of negotiating treaties is far from over. A number of Indigenous groups are currently in negotiations with the federal government to create modern-day treaties, also known as comprehensive land claim settlements.

Try This!

Click here to view a presentation about how Treaty 6, Treaty 7, and Treaty 8 recognized the status of Indigenous peoples. After the presentation has loaded, click on the blue flashing arrow to move through the presentation.