An Analysis of Emerging the Forms of Aboriginal Self-Government Aboriginal governance and its relationship with Canadian federalism has been a long debated issue and continuing process. Aboriginal peoples refers to the collective groups of people alive today who are descendants from the original tribes and societies of North America. These groups are scattered over provinces and territories in Canada. Although the Aboriginal peoples have longed to established self-governance, the Canadian government has yet to form any significant contributions and treaties to help, it has taken steps towards improving Aboriginal self-determination and self-governance. This paper argues that no single form of emerging Aboriginal self-government is the most practical, effective, or legitimate. It does by analyzing the effectiveness and criticisms of the different existing possible forms as well as any existing examples of such forms towards Aboriginal self-government.
Introduction
Section 35(1) of the Canadian Constitution of 1982, states that “the existing Aboriginal and treaty rights of the Aboriginal peoples of Canada are hereby recognized and affirmed”. However, it fails to define what these rights include and the boundaries and limitations of said rights. The emerging forms of self governance to be mentioned later attempt to practice some form of self governance and to act on s.35.1. However, none of the forms fully establish a well balanced self-government that would fulfil
The Attawaspiskat Cree and Ojibwa are a first nations group living in parts of Canada, mainly northern Ontario. The main languages spoken by these first nation groups are Mushkegowuk Cree and Ojibway. I will compare and contrast the experience of the Attawapiskat Cree to Ojibwa in relation to the Canadian Government. This will include analyzing the treaties introduced by the government towards the Cree and the Ojibwa: in particular, treaty 9 will be discussed. In addition, to these treaties the government has divided the first nation community into two different groups: status-Indians and non-status Indians. Within these two groups further division has been accomplished by the allocation of lands know as reserves to status-Indians 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
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
Indigenous governance is filled with legislations and amendments that began with the Royal proclamation act of 7th October 1763. Since then, there has been a massive effort to civilize the indigenous population in order to integrate them with the non-indigenous population by the government of Canada. The main purpose of such a congress is debated till date.
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).
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
Townshend describes how Aboriginals view the Canadian government as a foreign government. Furthermore, Townshend disputes the process of assimilation, integrating Aboriginals to the modern Canadian society. The solution is to create a third tier government that would work in cohesion with the Federal and Provincial levels. Different levels of government and the “…sharing of jurisdictional powers between government institutions is already part of the essence of the Canadian state,” (Townshend 39). If Canada is able to increase globalization and trade agreements on an international level, than Canada should not be so unwilling to share jurisdiction with an Aboriginal government.
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
My first reason to support the fact that Canada hasn’t affirmed collective rights for the Aboriginal group is the Indian Act and how poorly it treated the Aboriginals. The Indian Act is a federal legislation that is related to the rights and status of First Nations peoples (“status Indians”), which was first passed in 1867. During this time, the government thought that is was appropriate/acceptable to make laws for the First Nations peoples without consulting them. This move connected to Canada’s colonial past, the part where people of European descent strongly believed that their culture and way of life was way more superior to any other culture existing. In other words, they were ethnocentric. Within the Indian Act, it defied who may be registered as a “status Indian” with treaty rights. This meant that the Federal government were the ones who mostly made
This causes unclear understandings of what self-determination means for Aboriginal people as the communication between Indigenous and non-Indigenous people can be very ignorant from the perspective on non-Indigenous people (Behrendt 2003 p.88). The Barunga Statement and Eva Valley statement are both major sources of expressed self-determination goals by Aboriginal people and hold Australia accountable to the international community, major goals for self-determination include: Aboriginal veto power in heritage matters and the acknowledgement of inextinguishable Aboriginal land rights (Behrendt 2003 p.88-89). Both hold the government accountable to the responsibilities towards the international community as well as to the legislation created
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
Aboriginal persons in Canada have been facing oppression ever since colonization began. Even when Canada gained independence from the British Empire, the oppression continued and still goes on today. One major contributing factor to the oppression of Aboriginal people in Canada is the actions taken by the Government. The Government of Canada has in fact mistreated and found to be partaking in wrongdoing when dealing with the Aboriginal population in this country. With this ugly truth being revealed, the Truth and Reconciliation Commission had to be tasked with discovering and revealing past wrongdoing by a government in the hope of resolving conflict left over from the past. (cite)
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.
The Canadian government has great control of where the aboriginals are situated and what resources and services are made available to them. In 1876 the Indian act was created by the Canadian government (Indian Act). “The Indian act is a Canadian federal law that governs and matters pertaining to Indian statuses, bands, and Indian reserves”(Indian Act). A part of the Indian Act made the government give some crown land to the Aboriginals; the