7.1.4 Aboriginal Collective Rights in Canada
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7.1.4 Aboriginal Collective Rights in Canada
Aboriginals assembled at Shagannapi Point for a pow-wow held in honour of the visit of H.R.H. the Duke of Cornwall and York. Calgary, Alberta, September 1901.
©Collections Canada
©Collections Canada
When the French and British came to Canada, they treated the First Nations people as sovereign people, and arranged to sign treaties, or legal agreements between their own governments and the representatives of the Aboriginal nations. These treaties
identified the terms in which land would be exchanged for goods and services. In exchange for giving up the largest and most productive areas of Canada, Aboriginal people received reserve land and certain rights.
These rights included among other things health care, education, and freedom from paying federal taxes. Other terms of the treaties included denial of the right to vote for Aboriginal people unless they gave up their status.
Those who chose enfranchisement, or the right to vote, gave up their historic and legal treaty rights.
These rights included among other things health care, education, and freedom from paying federal taxes. Other terms of the treaties included denial of the right to vote for Aboriginal people unless they gave up their status.
Those who chose enfranchisement, or the right to vote, gave up their historic and legal treaty rights.
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"UNDRIP Aboriginal Law Class Educational Video", CBC News, You-tube
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"Assembly of First Nations", 99thDimension, You-tube
In effect, the first peoples of Canada entered in a gray area of Canadian citizenship with rights and freedoms different from other Canadians. They were members of their own Aboriginal nation, but they were also Canadians. This meant that Aboriginal Canadians;
- Could not vote on national issues, but they were subject to most of the laws of Canada.
- Were denied the political rights (suffrage) that would allow them to affect change in their country. The right to vote was granted in 1960.
- Did not pay taxes, but they obtained a certain degree of the services that were paid through tax dollars.
Learn more about Aboriginal collective rights and the Charter.
The Metis Infinity flag, which is to symbolize the joining of 2 cultures.
Creative Commons Share Alike 3.0
Creative Commons Share Alike 3.0
Canada's federal system is designed to share powers between federal and provincial governments. This means that under Canada's constitution, services like education and health care fall under the control of provincial governments. But under section
91 (24) of Canada's Constitution Act of 1867, it reserves jurisdiction or management of 'Indians and Land Reserved for Indians' under the control of the Federal government. This means that the federal government is responsible for providing social
services to First Nations and Inuit under this provision.
As a result, there has been historical debate over who are 'Indians' and what is 'Indian Land', as both of those areas fall strictly under federal control. This led to strict definitions of who the federal government considered Indian (a Status Indian) and who was not (a non-Status Indian). First Nations and Inuit live in many different provinces and territories. To make this even more challenging, Metis people were not considered Indian, and the federal government placed them with non-status Indians as 'not their responsibility'.
In 2016, a landmark ruling by the Supreme Court declared that regardless of status, all Indigenous people in Canada fall under the jurisdiction of the Federal Government. This will continue to have a tremendous impact on government budgets, services and institutions in the future.
As a result, there has been historical debate over who are 'Indians' and what is 'Indian Land', as both of those areas fall strictly under federal control. This led to strict definitions of who the federal government considered Indian (a Status Indian) and who was not (a non-Status Indian). First Nations and Inuit live in many different provinces and territories. To make this even more challenging, Metis people were not considered Indian, and the federal government placed them with non-status Indians as 'not their responsibility'.
In 2016, a landmark ruling by the Supreme Court declared that regardless of status, all Indigenous people in Canada fall under the jurisdiction of the Federal Government. This will continue to have a tremendous impact on government budgets, services and institutions in the future.
Read the following from your text Perspectives on Ideology:
- "When Government Action for the Perceived Common Good Outweighs Collective Rights" - pages 384 to 385
- "Efforts to Entrench First Nations, Métis and Inuit Rights" - page 386
- "The Canadian Government and the UN: Differing Perspectives on Collective Rights" - pages 387 to 389
As you read, consider the following questions:
- How do individual and collective rights differ?
- What are some of the collective rights protected in Canada?
- Under Canadian law, what happens when the collective rights of a cultural group are contrary to the laws of the nation? Who decides which are more important?