Social Test

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Collective and Individual Rights

Back 1

Collective and Individual Rights

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Collective Rights:

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-Belong to groups of people and are entrenched in Canada’s constitution

-The purpose of collective rights is to affirm the collective identity of groups in society and to create a society where people of different identities belong.

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Chapter 4 Questions:

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- What laws recognize the collective rights of First Nations peoples?

-What collective rights do official language groups have underthe Charter?

-What laws recognize the collective rights of the Métis?

-What are collective rights? What legislation establishes the collective rights of groups inCanada?

- Why do some groups have collective rights and not others?

-Why are collective rights important to all Canadians?

- How do collective rights, in the past and today, define whowe are as Canadians?

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Collective vs. Individual:

Collective:

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Collective rights are rights Canadianshold because they belong to one of several groups in society.

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Collective vs. Individual:

Individual:

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EveryCanadian citizen and permanent resident has individual rightsunder the Charter of Rights and Freedoms, such as the right tolive anywhere in Canada.

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Who holds collective rights in Canada?

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Aboriginal peoples:

- First Nations

-Métis and Inuit peoples

-Francophones and Anglophones

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Why do some peoples have collective rights and not others?

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Collective rights recognize the founding peoples of Canada.Canada would not exist today without the contribution ofthese peoples. Collective rights come from the roots of Aboriginal peoples,Francophones and Anglophones in the land and historyof Canada.

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What are the Numbered Treaties?

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The Numbered Treaties are historic agreements that affect the rights and identity of some First Nations in Canada.

The Numbered Treaties have roots in the Royal Proclamation of 1763. Britain made the proclamation at the end of the Seven Years’ War, as it sought to establish control over lands in North America formerly claimed by France. The proclamation recognized First Nations’ rights to land, and established the principle of making treaties with First Nations through peaceful negotiation.

*Other laws also affect the collective rights of First Nations, including the Indian Act and section 35 of the constitution.

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Numbered Treaties 2:

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The Numbered Treaties were agreements between the Queenand First Nations. First Nations agreed to share their lands and resources in peace.

Canada’s government agreed to terms covering First Nations’education, reserves, annuities and other matters. The terms differfrom Treaty to Treaty.

For First Nations, the Numbered Treaties are sacred, nation to nation agreements, solemnly made, that cannot be changedwithout their agreement.

Treaty rights and citizenship go togetherfor First Nations now, in the past and into the future.

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Reasons for negotiating:

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Canada wanted to build a railway to link theprovince of British Columbia to the rest of Canadaand to open the west to immigration. B.C. joinedConfederation on condition that Canada would buildthe railway.

First Nations and Canada’s governmentwanted to avoid war. Just to the south,Aboriginal peoples and the United Stateswere fighting wars over territory.

First Nations wanted tosecure their future. Theywere facing economic andsocial upheaval fromsmallpox epidemics, theeradication of the buffalo,the end of the fur trade, andthe pressures of Europeansettlement.

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The Royal Proclamation of1763:

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It recognized the rights of First Nations to their lands in parts of North America claimed by the British. Britain issued the Royal Proclamation after it defeated France in the Seven Years’ War and became the dominant colonial power in North America.

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Perspectives interpretation of theTreaties:

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Canada’s government believes First Nations gave up their land under the Treaties. Many First Nations disagree, especially since their worldviews do not think of land as something anyone can “own” or “give up.” To us, the land is a legacy, not a commodity. It is every part of our culture.

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Perspective:

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1876: "What I will promise, and what I believe and hopeyou will take, is to last as long as the sun shinesand the rivers flow... I see the Queen’sCouncillors taking the Indian by the hand sayingwe are brothers, we will lift you up, we will teachyou, if you will learn, the cunning of the whiteman... I see Indians gathering, I see gardensgrowing and houses building; I see themreceiving money from the Queen’sCommissioners to purchase clothing for theirchildren; at the same time, I see them enjoyingtheir hunting and fishing as before, I see themretaining their old modes of living with theQueen’s gift in addition." — Alexander Morris, August 18 and September 7, 1876during the negotiation of Treaty 6. Morrisrepresented Canada during the negotiations.

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1876: The Indian Act:

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Canada’s parliament passed the Indian Act, which made rules about the lives of First Nations peoples without consulting them. At the time, Canada’s government viewed First Nations as peoples who needed guidance. This connected to Canada’s colonial past, and the attitude that European ways were superior to the ways of other peoples.

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Law vs. Policy:

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Governments create laws, and they also create policies. A law describes principles or conditions that must be followed. A policy describes objectives of the government, within the law.

Ex. First Nations Education; The Numbered Treaties, the law said that the federal government was responsible for providing education to First Nations. The policy of the federal government was to provide this through residential schools.

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1879: Residential Schools:

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HEEELLLLP!!!

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Aims of the Indian Association of Alberta:

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- To maintain treaty rights

-To advance the social and economic welfare of Indian peoples

-To secure better educational facilities and opportunities

-To cooperate with federal, provincial and local governments for the benefits of Indians

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Government policies andthe Indian Act:

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Sought to replace the traditional ways of First Nations with European ways, such as farming.

Ex. At points in its history, the Indian Act prohibited First Nations people from wearing traditional clothing.

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Perspective from Treaties 6, 7, and 8:

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"To preserve our culture it is necessary to preserve our status, rights, lands and traditions. Our treaties are the basis of our rights... The treaties are historic, moral and legal obligations... The government must declare that it accepts the treaties as binding..." — The Indian Association of Alberta

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1980 Perspective from Treaties 4, 6, and 10:

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"We, the First Nations, proclaim our dedication and commitment to the recognition of our unique history and destiny within Canada by entrenching our treaty and Aboriginal rights within the constitution.

Only in this way can we truly fulfill the sacred obligation handed down to us by our forefathers for future generations. Anything less would result in the betrayal of our heritage and destiny."

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Prime Minister Pierre Trudeau:

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Led negotiations to patriate Canada’s constitution in 1982. He did not agree, at first, with including the rights of First Nations, Métis and Inuit peoples in the constitution.

He believed Aboriginal people needed to be equal with other Canadians. He viewed laws that set them apart, such as the Numbered Treaties or provisions in the constitution, as obstacles to their equality.

Aboriginal peoples viewed these laws differently; as affirmations of their identity. They used their democratic rights to voice their perspective.

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Numbered Treaties 3:

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Confirm the Canadian government’sduty to protect the collective rights of First Nations. The IndianAct was one way the government attempted to do this.

Under theact, the federal government is able to develop specific policies andprograms to administer Treaty rights to First Nations. The act affirmed the collective rights of First Nations.

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The Indian Act 2:

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The Indian Act dates from 1876. At the time, Canada’sgovernment thought it appropriate to make laws for First Nationswithout consulting them. This connects to Canada’s colonial past,when people of European descent believed their cultures superiorto other cultures (ethnocentrism).

At points in its history, the act restricted the right of First Nations people to travel freely, to take political action, to wear traditional dress, and to take part in traditional ceremonies.

Until 1960, the act required First Nations people to give up their legal identity and Treaty rights to gain the right to vote. Pressure from First Nations has caused Canada’s government to revise the Indian Act several times. The act remains in force today.

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Laws Affirming Collective Rights:

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-Treaties 6, 7 and 8

- Indian Act

-Official Bilingualism

Treaty 8:

1. When was the law created? 1899

2. What events had an impact on the law? Royal Proclamation of 1763, loss of the buffalo

3. What perspectives had an impact on the law?

First Nations perspectives; Treaty 8 was a permanent nation-to-nation agreement...

Government views; Colonial attitude that non-European peoples needed guidance...

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Official Language Minority:

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A group that speaks one of Canada’s official languages (English or French) and that does not make up the majority population of a province or territory.

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Francophone Schools:

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Provide instruction for Francophone students whose first language is French. They are different from French immersion schools, which teach French to students whose first language is not French. Francophone schools affirm the identity of Francophone students, their families and their communities.

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Francophones:

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The rights of Francophones in Canada today reflect the deep roots of Francophones in Canada’s past. Francophones in Québec and in Canada have supported legislation to protect their language and preserve their culture in majority and minority settings.

1608 Samuel de Champlain founds the city of Québec, and establishes New France in North America. 1774 Britain passes the Québec Act, recognizing the rights of Francophones to their language and identity. 1867 Confederation establishes Canada as a bilingual, bicultural nation under the British North America (BNA) Act.

1969 The Official Languages Act reasserts the equality of French and English as official languages of Canada, as established at Confederation. 1982 The Charter of Rights and Freedoms confirms official bilingualism and establishes official language minority education rights.

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John A. MacDonald and George- Étienne Cartier:

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Forged theFrancophone-Anglophone alliance at thefoundation of Confederation. They madethe alliance for many reasons, includinga desire to stay independent and distinctfrom the United States. This alliancewould not have happened without acommitment to rights affirmingFrancophone and Anglophone identity.

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1890 Manitoba Schools Act:

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Manitoba entered Confederation in 1870, as a bilingual provincewith rights to publicly funded Catholic schools that served theFrancophone community and Protestant schools that served theAnglophone community.

The Act:

-Abolished public funding/Catholic schools

- Made Manitoba an officially English only province

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1892 Haultain Resolution and North West Territories OrdinanceNumber 22:

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It called for the proceedings of the assembly to be English only. Ordinance Number 22 required English as the language ofinstruction in all schools.

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Cause 1982: The Charter of Rights and Freedoms becomes part of Canada’s constitution:

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Effect: Francophone Schools 1983: Francophone parents begin tolobby for their minority languageeducation rights under section 23 of theCharter.

1984: Alberta’s first two publicly fundedFrancophone schools open in Edmontonand Calgary.

Present: Alberta has 26 publicly fundedFrancophone schools.

Effect: Francophone School Boards 1983: Francophone parents in Alberta launch aCharter challenge to establish their right toFrancophone school boards.

1990: The Supreme Court affirms the right.

Present: Across Canada, Francophones outsideQuébec have established more than 25 schoolboards, including 5 in Alberta.

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1977Bill 101: Charte de la langue française:

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This Québec law sets down rules for protecting andpromoting the use of the French language inQuébec. It states these reasons:

• French-speaking people are a distinct people andFrench is the language that expresses theiridentity.

• The people of Québec want to make French thelanguage of government and the everydaylanguage of work, education and business.

Ex. BEFORE CHARTER Rule: Commercialsigns may use onlyFrench.

Section 23Rights, Charter ofRights and Freedoms Freedom ofexpression Anglophone businessesseek the right to useEnglish on signs.

AFTER CHARTER: 1988, Supreme Court decision: The law can require signs to use French, but cannot prohibit the use of English in addition. The law can require French to be more prominent than English.

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The Charter of Rights and Freedoms:

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You can be equaland different at the same time. That’s the purpose of the Charter of Rights and Freedoms:to protect your freedoms and to protect who you are, your place in this great nation.

It says we can be differentfrom one another, and that we are all first-class citizens, too. In Canada, we believe in sharing our different cultures,while also being full participants in overall issues. That’s thebeauty of our country. The Charter reflects our commongoal to add our different identities to Canada, notreplace them. The Charter is clearly a fundamental law that defines whoCanadians are.

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The Metís:

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As an Aboriginal people of Canada, the Métis consider rights toland, and rights to use the land in traditional ways, as inherentrights — rights they have because they are First Peoples.

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The Metís 2:

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1869–1870 The Métis-led Red River Resistance resulted in the Manitoba Act, passed byCanada’s parliament. The act established Manitoba as a bilingual province,with education rights for Catholics and Protestants, and Métis land rights.The act specified the Métis would receive more than 500 000 hectares ofland in addition to the farms they had established along the Red River.

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The Metís 3:

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1875–1879 Canada’s government issued scrip to the Métis, instead of establishing Métislands in Manitoba. In some cases, it offered the Métis a choice: to acceptscrip or to become “Treaty Indians” under a Numbered Treaty.

In the viewof Canada’s government, the Métis did not have the same rights to land asFirst Nations — and did not require reserves. The Métis perspective was —and is — that the Métis have rights to land as an Aboriginal people.

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Louis Riel:

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1885 The Northwest Resistance sought to protect Métis lands in what is todaySaskatchewan, as the railway and settlers moved into western Canada.Canadians had — and have — different interpretations of this event inCanadian history.

For many Métis, it was a way to assert their rights, likethe Red River Resistance. For others — including Canada’s government atthe time — it was an attempt to overthrow Canada’s authority.

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Louis Riel 2:

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Louis Riel led the NorthwestResistance, which ended in amilitary conflict between theMétis and Canada’sgovernment.

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Louis Riel:

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Louis Riel was tried and hung for treason in Regina onNovember 16, 1885. At the time, Canada’s government,and many Anglophones, agreed with Riel’s sentence. MostFrancophones opposed it, and saw it as a betrayal of theFrancophone-Anglophone agreement at the foundation ofConfederation.

Today, many Canadians — includingFrancophones, Anglophones and the Métis — consider LouisRiel a “Father of Confederation” who upheld the rights ofAboriginal peoples and Francophones in western Canada.

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1938 L’Association des Métis de l’Alberta et des Territoires du Nord-Ouest:

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Lobbied Alberta’sgovernment to set aside land forthe Métis. Alberta’s government passedthe Métis Population Betterment Act in1938, which established twelve temporaryMétis settlements. This was the first timein Canada’s history that a governmenthad provided the Métis with land.

1940–1960 The temporary settlements did not givethe Métis control of the land. When fourof the settlements proved unsuitable forfarming, hunting or fishing, thesettlements were closed and the landwent back to the government of Alberta.

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1982 The Métis 4:

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Lobbied for recognition of Métis rights in Canada’sconstitution. When the constitution was patriated, it included section 35,which recognizes the Métis as one of Canada’s Aboriginal peopleswith rights.

Section 35 Constitution Act, 1982: "The existing Aboriginal and Treaty rightsof the Aboriginal peoples of Canada arerecognized and affirmed. Aboriginal peoples include the Indian,Inuit, and Métis peoples of Canada."

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The Metís 5:

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1990 Alberta’s government enacted legislation under which the Métisreceived the Métis settlements as a permanent land base with theright to manage their own affairs. The legislation included:

•Constitution of Alberta Amendment Act

• Métis Settlements Accord Implementation Act

• Métis Settlements Act

• Métis Settlements Land Protection Act

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The Metís 6:

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2003 The Supreme Court ruled that the Métis have the right to hunt and fish,as one of Canada’s Aboriginal peoples under the constitution. Theserights recognize the unique relationship to the land of the Métis, basedin history and their inherent rights as an Aboriginal people.

2004 In two separate negotiations, the Métis Settlements General Council andthe Métis Nation of Alberta struck agreements with Alberta’s governmentrecognizing Métis hunting and fishing rights.

The agreements ensuredthat the Métis could hunt and fish for food, and that they did not needlicences. In 2007, the Alberta government put rules in place thatrestricted these rights without agreement from the Métis organizations.

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Chapter 4: Review Questions

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• What laws recognize the collective rights of First Nations peoples?

• What collective rights do official language groups have under the Charter?

• What laws recognize the collective rights of the Métis?