A treaty is a formal ratified agreement between two or more groups of people. “Treaties have been utilized as long as nations have existed.”6 This is an agreement that settles disputes and foster a relationship between the people involved. In Canada, “treaties are a common thread running through the history of the Indigenous-European relationship.”2 “Early treaties ensured a peaceful cross-cultural interface, which led to a brief period of mutual economic growth.”3 Unfortunately “the purpose of these treaties gradually shifted from establishing a peaceful relationship to securing government control of Aboriginal land.”4
Prior to European contact, “there was a long and rich history of treaty-making among the Aboriginal nations of the
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The issue of lands falls under section 35 of the constitution. First Nations were offered little or no choice since they were weakened by poverty as a result from whiskey traders, epidemics which almost wiped them off their country, and the shortage of food as buffalo herds almost became extinct in the 1800.
As a result of the issues faced by First Nations, in 1876 the government of Canada decided to implement a law known as the Indian act. The Indian Act categorized First Nations into status and non-status Indians. Status Indians are descendants of First Nations who signed the treaties, non-status Indians are descendants of First Nations who did not sign treaties.
The Indian Act empowered the Canadian government in controlling the lives of First Nations. First Nations no longer had the freedom to be who they were, and they could not live wherever they wanted. For instance, if a status Indian woman marries a non-status Indian man, she would stripped off the government rights toward Indians and she would not be recognized as an Indian by the crown.
In exchange of their land, First Nations received reserved land, and a payment from the government, hunting, fishing, as well as mining rights. They also received promises from the Canadian government that they would be given tools for farming, fishing and hunting. Despite that, these promises were not often kept, crown land which was considered land that was bought continued to be used by the
By the 1800's most of the Native Americans signed a treaty with the European American government. The results left the Native Americans on small pieces of land called reservations in exchange for their land and peace. The European Americans promised that they would give the Indians living on the reservations food, water, money and education for the children. Most of these promises were not kept.
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
Treaty benefits, health, rights to living on the reserve and property are forfeited as a result of losing Indian status. This also happens when an Indian women gets married to another Indian man. She loses her rights to her own band, and has to become a member of her husband’s band. Ultimately, if the women becomes widowed or abandoned then she loses all status of being an Indian all together. On the other hand, men can marry a non-status woman and all of his rights would be kept. With strides of equality throughout history, it takes a step back when Aboriginal women are entirely dependent of their husband. Several cases were took to court in the 1970’s, but not until 1980 is when there was a connection found between the United Nations Human Rights Committee and the Canadian Human Rights Act. With this section in direct violation of the International Covenant on Civil and Political Rights, the removal of a woman’s Indian status while marrying a non-Indian man was done and Bill C-31 was passed so victims of the Indian Act can be reimbursed. However, Bill C-31 is still under scrutiny because those who have their status reinstated to them can only pass it on for one generation. This is a violation under Section 15 of the Charter of Rights and Freedoms (Payne, 1992). The Indian Act is a controversial piece of legislation that was passed in 1876. It has been amended throughout the times, but the core concept of the Indian Act still
The Indian Act was an attempt by the Canadian government to assimilate the aboriginals into the Canadian society through means such as Enfranchisement, the creation of elective band councils, the banning of aboriginals seeking legal help, and through the process of providing the Superintendent General of the Indian Affairs extreme control over the aboriginals, such as allowing the Superintendent to decide who receives certain benefits, during the earlier stages of the Canadian-Indigenous' political interaction. The failure of the Indian Act though only led to more confusion regarding the interaction of Canada and the aboriginals, giving birth to the failed White Paper and the unconstitutional Bill C-31,
According to the Indian Act (1876), we determined someone’s status by one’s parentage of blood quantum to know how much Indian were they? A First Nations woman, who married with white man, lost her entitlements as Indian, so did her children. However, regardless of race or ethnicity, if another raced woman married a First Nations man, she gained “status” under the terms of the Indian Act. I feel that was completely unfair, and obviously discriminatory, that horrific situation continued until 1985.
Changes were sweeping across the Northwest. Newcomers arrived, mainly Europeans and Canadians looking for more farmland. Unfortunately, the Metis were denied of their land and self-governing rights. They were forced to flee westward and struggled to survive. Continually pressing for title to
The government began signing the treaties with the First Nations post-Royal Proclamation of 1763. The numbered treaties, however, came into play around the 1870s, after the buffalo population declined drastically and many bands were depopulated because of disease. During 1871-77, seven treaties were signed and four more were signed between 1899 and 1921. The treaties were negotiated orally, but when they were being documented by government negotiators many oral promises were missed. Basically, the intent was completely misunderstood. The First Nations also believed that the money they received was a gift given in exchange of sharing the land with the settlers, not for surrendering their land. They also expected the promises to last “As
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
By signing this treaty, the natives will have to move onto reserves and have a lack of self government control. Today the amount of Indian Reserves only cover 1% of Canada. This amount of land is far too limited for nearly 1 million Natives living in Canada. With that being said, the Aboriginal peoples lost all of their rights to govern themselves if losing land wasn’t enough torture. The shortness of self-government influenced the lives of many Aboriginal peoples in many ways. For example, they didn’t have the right to decide or speak for themselves when it comes to times when they hunt or fish because of government laws of protecting wildlife (Clark, Bruce, and John K. Wallace. Making Connections: Canada's Geography. Second Ed. ed. Toronto, Ontario: Pearson Education, 2006. 562.). As stated in “Making Connections Canada’s Geography Second Edition, Native people earn their their money by trapping muskrat and selling their skin to produce fur products, but soon after they moved to a new location they promptly realized there is a lack of water flow resulting in a limited amount of muskrats, therefore many trappers are no longer able to earn a stable amount of money, their economic base has been ruined due to the lack of resources their new living space has to offer (Clark, Bruce, and John K. Wallace. Making Connections: Canada's
The arrival of the ‘foreigners’, as referred to by the Native Americans, turned a new stone in Native American diplomacy. No longer did they have to only deal with neighboring tribes, as they were forced to endeavor into politics with strangers who were looking to take their land. The first relationship between the pilgrims and the Native Americans began with the Wampanoag tribe. The relations between the two groups paved the view that the pilgrims had towards the Indians. The decently friendly relationship that stood between the two groups was short lived as the pilgrims felt that the indians were getting in the way of their expansion; and shortly after the friendship ceased to exist (Bell, 37).
The Constitution provides clear Native American protection from governmental land confiscation in Article VI, Section 2. The relevant section states, "…All Treaties made; or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land"(Farber [9]). The United States signed 371 treaties with Indian tribes between 1790 and 1870 (Churchill, Struggle for the Land 20). Treaties were made for a variety of purposes, such as "mutual protection, peace, in support and regulation of trade with the Indians, to provide for military posts, [and] to wrest land from the Natives"
all who reside on the reserves. It was then that the distinction between Status Indians and
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.
Different laws like the Indian Act and other treaties played an outstanding role in shaping Aboriginal relationship in Canada. The Indian Act led to a huge conflict of interest following its effect on the Indians living in Canada during its implementation. The Indian Act was a mechanism that strengthened the eviction of Indians ad also a means of displacing Indians from their tribal lands. On the onset of the 19th Century, land hungry Canadian settlers clustered in the coastal south of Canada and slowly moved into the neighboring states. Since most of the tribes occupying that area were the Indians, the Canadian settlers petitioned the Canadian government to remove them as they perceived them as an obstacle to expansion towards the west. The rationale for the Indian Act was that the southeast Indian tribes had no attachment to any particular land. However, this rationale ignored the fact the Indian tribes had vast crops of corn and lived in settlements.
Native Rights of Self-Government Native residents of Canada, otherwise known as Aboriginals, have been striving to self govern in order to preserve their cultural identities since the British North America Act of 1867; now known as the Constitution Act. This act allowed the federal government to create laws regarding “Indians and the lands reserved for Indians” - essentially, placing Euro-Canadian ideals, policies, and laws on Aboriginal societies (Joseph, 2015). After thorough research and analysis, I believe that the right of self-government should be given to natives. To begin, in the past, the laws pertaining to those of Aboriginal descent have been harsh and unethical.