1969 White Paper in which the Liberal government attempted to abolish the legal status of ‘Indians’ – was defeated, a new awareness of ‘indigenous’ emerged among First Nations people across Canada” (p 198).
Some levels of the government were beginning to see the issues regarding Aboriginal policy in Canada. A positive change was made to the Constitution Act in 1982. Section 35 of the Constitution Act now provided First Nations people the protection of the Crown regarding treaty rights. According to Long & Dickason (2011), ““… Canadian Crown rather than the Crown of England was responsible for Canada’s First Nations. Lord Denning also ruled that this meant that the Canadian state was obliged to honor all Aboriginal and treaty rights” (p 270).
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The Great Bear Rainforest agreement took twenty years before the British Columbia government made a final decision. According to Hunter (2016), “The 20-year battle to protect the Great Bear Rainforest – the largest coastal temperate rainforest on the planet – is over, with the B.C. government announcement on Monday of an agreement with environmentalists, forest companies and First Nations” (Para 1). Throughout history it is known that the First Nations people had their land taken from them by the government. The government had taken control of the land. According to Frideres (2016), “The crown claims that First Nations people have no ownership of the land and that Aboriginal rights are nothing more than common law rights that can be restricted by the government legislation at any time as long as that legislation meets the criteria outline in the Supreme Court’s definition of extinguishing Aboriginal rights” (p 198). It is important to note the improvements since these statements. First Nations people are being recognized as partial owners to the land. The First Nations people fought for their rights to the land and although it took twenty years, their voices were heard and the government ruled in favor of the First Nations people. It is clear that the government is beginning to understand the importance of First Nations culture and traditions. First Nations people are now realizing the power they have. Society is also becoming educated and disregarding stigmas and stereotypes of First Nations people. This win meant that millions of hectares of sacred land would be protected. Hunter (2016) also states, “The deal, which will be enshrined in legislation this spring, applies to a stretch of 6.4 million hectares of the coast from the north of Vancouver Island to the Alaska Panhandle. It promises to protect 85 per cent of the
This enables the federal government to assume full responsibility over the entire First Nations population. In A People’s Dream Aboriginal Self-Government in Canada, by Dan Russell, 2000, he brings up issues about the federal government making policies that have direct affect on First Nations People and they have no knowledge or say of what happens regarding decision about their people[4]. The federal government has a great deal of power that will ultimately alter how First Nations are dealt with. Dan Russell discuses both the Meech Lake Accord and the Charlotte Town Accord that would have had a major impact on how “Indians” were handled he states “Canadian history and laws, since shortly after initial contact with Europeans settlers, have limited the possibilities of easily exercising Aboriginal self-government in Canada”[5]. Once the first wave of settles arrived in North America, the Dominion of Canada created the power to control how settlers and resources were handled which left them also having to deal with the original inhabitants by means isolation in reserves. To look back into history even in the earliest stages of civilization First Nations People were only “interpreters and clerks, but none at the policy-making level”[6], in order to create change they need to be where these policies are being made. In making these policies and procedures there has been little to no
Since the colonization of Canada First Nations people have been discriminated against and assimilated into the new culture of Canada through policies created by the government. Policies created had the intentions of improving the Aboriginal people’s standard of living and increasing their opportunities. Mainly in the past hundred years in Canadian Society, policies and government implemented actions such as; Residential schools, the Indian Act, and reserve systems have resulted in extinguishing native culture, teachings, and pride. Policies towards the treatment of Aboriginal Canadians has decreased their opportunities and standard of living because of policies specified previously (Residential schools, the Indian Act, and reservation systems).
Canada as a nation is known to the world for being loving, courteous, and typically very welcoming of all ethnicities. Nevertheless, the treatment of Canada’s Indigenous population over the past decades, appears to suggest otherwise. Indigenous people have been tormented and oppressed by the Canadian society for hundreds of years and remain to live under discrimination resulting in cultural brutality. This, and more, has caused severe negative cultural consequences, psychological and sociological effects. The history of the seclusion of Indigenous people has played a prominent aspect in the development and impact of how Indigenous people are treated and perceived in today’s society. Unfortunately, our history with respect to the treatment of Indigenous communities is not something in which we should take pride in. The Indian Act of 1876 is an excellent model of how the behavior of racial and cultural superiority attributed to the destruction of Indigenous culture and beliefs. The Indian Act established by the Canadian government is a policy of Aboriginal assimilation which compels Indigenous parents under threat of prosecution to integrate their children into Residential Schools. As a nation, we are reminded by past actions that has prompted the weakening of the identity of Indigenous peoples. Residential schools has also contributed to the annihilation of Indigenous culture which was to kill the Indian in the child by isolating them from the influence of their parents and
In 1976 the Fraser government passed the Aboriginal Land Rights Act. Several state governments passed their own Land Rights Acts, which recognised aboriginal and Torres Strait islander claims to land and guaranteed them royalty payments from mining companies working there. Some laws enforced by the government became challenging for most indigenous people to abide by. Through the analysis of this information we understand the impacts the government and its laws had towards the indigenous society of
With the proposal of the ‘Statement of the Government of Canada on Indian Policy’ (hereafter referred to as the White Paper) in 1969 by Jean Chretien, existing tensions over the role and future of First Nations within Canadian society would finally come to a head. Prior to the introduction of this policy, government bureaucrats and missionary organizations had finally begun to realize that directed change and economic development were not taking place amongst First Nations communities as they had wanted, and decided in the favor of a change. This change in policy brought about the White Paper, which was a cleverly veiled assimilationist proposal of the Canadian government to the First Nations peoples of their country. This shift in policy
The Indian Act was a challenge by the Canadian government to adjust the aboriginals into the Canadian culture including bring in residential schools, separating every First Nations in trying to “improve”, and practice them for standard society (Emberley, 2009). First Nations people were also not allowed to possess any land or offer the land that used to be theirs before the Indian act as this segregation put limits maintaining or even owning anything (Emberley, 2009). This lead to the point on everything being restricted for the First Nations including losing history, practicing
When Canada was first inhabited by the First Nations people, the land was completely their own. They were free to inhabit and use the land in whichever manner they saw fit. However, since the arrival of the European settlers, the First Nations people have been mistreated in countless ways. They faced many issues throughout history, and are now facing even more serious problems in our modern society like having to endure racism, discrimination and social ridicule. Given what they already have to deal with, the last thing they should have to worry about is the denial of their rights which is a problem that Aboriginals have to contend with as well.
Political Scientists, Thomas Flanagan and Roger Townshend explain the key to the big question: “Can a Native State Exist Within a Canadian State?” in the readings: “The Case for Native Sovereignty” and “Native Sovereignty: Does Anyone Really Want an Aboriginal Archipelago?”. The essay will outline and provide evidence to both sides, whether there could or could not exist a Native State in Canada. The document will argue that Natives are not organized enough to form their own government. Throughout the decades, Natives have agonized many savageries at the hands of the European settlers. The essay will take Flanagan’s side with the belief that Natives should not be sovereign, using the textbooks “Principles of Comparative Politics”, and
The Aboriginal peoples of Canada had gone through many situations to get to where they are today with their education system. Pain, sorrow, doubt, and hope are all feelings brought to mind when thinking about the history and the future of Aboriginal education. By taking a look at the past, anyone can see that the right to education for Aboriginal peoples has been fought about as early as the 1870s. This is still is a pressing issue today. Elder teachings, residential, reserve and post-secondary schools have all been concerning events of the past as well as the present. Though education has improved for the Aboriginal peoples of Canada, there are still many concerns and needs of reconciliation for the past to improve the future.
First Nation Peoples within Canada have been facing many injustices in their homeland since the dawn of colonization. The most unraveling point to First Nation assimilation was the formation of the consequential Indian Act and residential schools resulting in a stir of adversity. As racist ideologies within Canada developed, upheaval against such treatment was undertaken as First Nation communities fought back against government land claims and eradication of treaty rights. In attempt to make amends, proper compensations from the injustices within residential schools have been released and the key for the future is allowing First Nation self-government. Ideals with the intent of ultimate assimilation have been standardized unto First Nation
Thomas Flanagan disapproves the idea of Native sovereignty ever coexisting with Canadian sovereignty. Flanagan identifies the flaws in Townshend’s arguments referring to them as a theoretical approach and not a practical approach. It is true that the sharing of jurisdictional power is the essence of the Canadian state but this cannot apply to the Aboriginals of Canada. One reason a third level of government cannot work in Canada is “In the 10 provinces, Canada has over six hundred Indian bands living on more than 2200 reserves, plus hundreds of thousands of Métis and non-status Indians who do not possess reserves,” (Flanagan 44). Flanagan draws the fact that “No one has proposed a workable mechanism by which this far-flung archipelago could
The first paper by Ladner and Orsini, (2003) gives a detailed account, review and analysis of the First nations governance act. The paper reflects on the act and provides arguments supporting the fact that it is an example of a gentler, subtle form of colonialism that is still in practice today. It argues that although the government has well researched the problems affecting the first nations, it has not efficiently advocated the involvement of these people in their own welfare and improvement.
The Canadian native aboriginals are the original indigenous settlers of North Canada in Canada. They are made up of the Inuit, Metis and the First nation. Through archeological evidence old crow flats seem to the earliest known settlement sites for the aboriginals. Other archeological evidence reveals the following characteristics of the Aboriginal culture: ceremonial architecture, permanent settlement, agriculture and complex social hierarchy. A number of treaties and laws have been enacted amongst the First nation and European immigrants throughout Canada. For instance the Aboriginal self-government right was a step to assimilate them in Canadian society. This allows for a chance to manage
From the first contact between Aboriginal Peoples and European immigrants to the present day, the aim of Canadian government policy has been to assimilate the Indigenous Peoples of Canada. The attempted forced abandonment of their culture was perpetrated through a variety of strategies including force, aggression and legalities. While historians and politicians may disagree about the motivations of Canadian policy, the impact has been irrefutable. In efforts to create one unified nation, successive governments failed to recognize their destructive actions. In this failure, Canada has come close to shattering the sub-nations and peoples who comprise them. This paper will review the government’s effort to absorb the Indigenous peoples’ culture, their refusal to assimilate, and will also identify potential strategies for future relations.
Over the past years, Canadian courts have repeatedly urged that aboriginal title conflicts should be resolved through negotiation, rather than litigation. The primary reason being that litigation is costly and time-consuming. For example, the decision for the Delgamuukw case took a duration of thirteen years. Furthermore, litigations that deal with the issue of aboriginal rights and title are “generally narrowly focused” and “ultimately leaves the question [posed about] how aboriginal rights and title apply unwarned.” For instance, the courts of Canada repeatedly failed to come up with a clear definition on the legal scope of Aboriginal rights despite the fact that they have several opportunities to do so. The Delgamuuku case clearly illustrates this when the Court “did not define how aboriginal title applied for the First Nations involved.” Instead, the Court came to the conclusion that a new trial was required, which ultimately will be more expensive and take longer.