Aboriginal Self Governance

Aboriginal self-government is a long standing issue that continues to be a struggle for the First Nations People. To truly understand the scope of Aboriginal self-government within First Nations communities, more effort is needed to understand the legislative system that runs Canada. This issue of self-governance has been very destructive in First Nations communities. After signing the Treaties, First Nations People was stripped of their livelihood and from that point on to abide by the Dominion of Canadas legislative policies. One current issue that would be a perfect example is the Nisga People in British Columbia who is no longer under the protection of the

For several hundreds of years, Aboriginals have been impacted by the Indian Act in many ways. They have dealt with numerous challenges that have changed their lives forever. Laws were created by the Canadian government with the purpose of controlling Natives and assimilating them into Canadian culture.For multiple years,

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

Canada has been home to Aboriginals for centuries, who play an imperative role in the history of Canada. Culture and tradition have been brought into this country with the help of millions of Aboriginals. Aboriginals have been known to be very strong supporters of their culture, and heritage and take very high importance towards it. They are very traditional people, and have been looking up to their Ancestral ways for centuries. The treaty relationship between Canada and First Nations has caused a rift and a divide amongst each other for many reasons. Although there has been so much history and tension amidst the two, there is always room for improvement. A lot of things can be done to strive towards a positive relationship, starting with accepting the culture of Aboriginals and realizing that it is something they will not be letting go. Secondly, education can play a big role in helping this situation, and bringing more awareness to the situation starting from a young age. (p. 5) Lastly, The rights and freedoms of all people in the country need to be equal and similar. Certain changes can really help the state of the situation but it is a matter of willing to try and see the change that we all want.

Firstly, Aboriginals have been run out of their native lands and what little they have left is constantly being fought over by the Natives, the government and major corporations. Mr. Norman Slotkin, a lawyer for the Union of Ontario Indians, had this to say:

Correctional Services Canada prepared a publication stating “poverty, inadequate educational opportunities, unemployment, poor living conditions, alcohol abuse and domestic violence all contribute to Aboriginals coming into conflict with the law” (August, 2013). If I should reflect on the First Nations Reserve I currently work; according to a report by Statistics Canada; 2006 Aboriginal Population Profile there was a total of “1,245 Aboriginals 15 years and over with a 32.1 unemployment rate, while there was a 20.8 unemployment rate in the province of New Brunswick” (Statistic Canada,

Second, Canada’s First Nations’ plight can be improved through self-governance. According to Pocklington, “For several years, Canadian aboriginal leaders have been demanding the recognition of a right of Native self-determination and thereby, for the aboriginal collectivities that choose it a right of self-government” (102). Aboriginal self-governance is a controversial issue in Canada. Before researching the issue I believed that self-governance would deter national unity, after further investigation, I presently believe that the claim for Aboriginal self-governance is justifiable. Although, according to Blakeney, “It will be a real challenge to make effective

As Beard recognizes, "Native peoples often serve as reminders of a place, an occasion, or, most often a mythic past, and they are expected to perform that identity in the present" (494), what this quote speaks to is a kind of conspicuous performance, a social construction of Aboriginal peoples that pivots around a variety of stereotypes and systemic racism. Writing from the position of a pre-service secondary English language arts (ELA) teacher, my motivations in this paper involve using Marilyn Dumont 's poetry as a way to address Beard 's concerns, "[building students '] capacity for intercultural understanding, empathy, and mutual respect" (Truth and Reconciliation Commission of Canada, 7), while simultaneously teaching them how to analyse poetry. More specifically, Dumont 's series of beading poems, in her collection The Pemmican Eaters, provides an opportunity to engage high school students in a discussion around the significance of cultural practices, while at the same time revisiting the interplay of Canadian histories, both Aboriginal and colonial. At the same time, I will also describe Dumont 's use of irony, which Andrews explains as a cultural ethos that is a unique element of Plains peoples’ Indigenous art (3). Introducing this uniquely First Nations brand of irony to students may work to give life to Aboriginal culture, bringing "Native peoples . . . [out] of the mythic past" (Beard, 494) and into the present. Finally, the act of beading itself ties directly to

The way the government of Canada handled the issues of the First Nations, effectively demonstrated the fact that the government regarded the immediate problems of the First Nations as a matter of indifference. The efforts of Canada persistently indicated that unless the First Nations held any benefit to the expansion of the economical, political or social aspects of their government, they would be overlooked merely because of their cultural origins.

Although the Canadian government has done a great deal to repair the injustices inflicted on the First Nations people of Canada, legislation is no where near where it needs to be to ensure future protection of aboriginal rights in the nation. An examination of the documents that comprise the Canadian Constitution and the Charter of Rights and Freedoms reveal that there is very little in the supreme legal documents of the nation that protect aboriginal rights. When compared with the United Nations Declaration on the Rights of Indigenous Peoples it is clear that the Canadian Constitution does not acknowledge numerous provisions regarding indigenous people that the UN resolution has included. The most important of these provisions is the

The Canadian government says that it is dedicated to making its obligations to First Nations by discussing issues and bringing closure to all claims. Canada likes to underlie that by looking at the historic inequality and building strong partnerships among First Nations people; governments, and the private sector are emerging. Nevertheless, the current progress of First Nations Land Claims is very unhurried and seems to be deliberately painstaking.

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.

There have been many significant cases that have dealt with the issue of jurisdiction. Among these cases was the Sparrow case of 1990. The Court determined that “Aboriginal Rights were constitutionally protected, and that those rights can only be extinguished with First Nations consent.” Moreover, the Court ruled that “Aboriginal rights could only be limited with justifiable reasons and that Aboriginal rights have to be interpreted in a generous and liberal manner.”

According to the Cornell University Law School’s ‘Legal Information Institute’, self-determination ‘denotes the legal right of people to decide their own destiny in the international order’. As a major concept of international law, self-determination gives people the right to control their own fates under certain fundamental criteria, and can be claimed by a minority that bases its lifestyle on an ethnic identity that is distinguishable from regular society, with a strong desire for cultural preservation. It has been considered to be a framework with the ability to guide legislative reforms within Australia, with an underlying ‘rights- based’ approach to Indigenous Issues. Self-determination is considered to be an important aspect of the legal system in regards to Indigenous Peoples, as it provides them a process of choice, to guarantee the practice of Indigenous social, cultural and economic needs.