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102 Cards in this Set

  • Front
  • Back

What does education do

-Can empower people politically and economically


-used to dominate, marginalize, control and assimilate

The role of education

Government policies from 1880s- 1960s were designed to assimilate


-objective: finish assimilation


-method: residential school


-result: marginazation

The government argued that residential schools would....

1) help indians participate in new economy


2) assimilation into mainstream society (if educated they would want to enfranchise)


3) national security (control of parents)

Who was Nicolas Flood Davin

Commissioned by the crown to study american boarding schools


-report on industrial schools for indians and half breeds (1879)

Davins recommendations

1) residential schools be built across the prairies


2) destroy aboriginal spirituality and replace with a better one


3) crown should fund schools and churches should operate them

First 3 schools (1883)

-battleford


-Qu'Appelle


-high River


By 1923 there was 71 schools and 5347 students

What was the churchs agenda

-approved of limited education


- christianize


- isolate from society


-isolate from other religious denominations

Effectiveness

Crown was disappointed


-retrogession (cultural backsliding)


-students returned to traditional lifestyle


-thought it would only take one generation to assimilate


Crowns interpretation

aboringal people are incapable of education

What was the goal of the new education policy in 1910

-prepare aboriginal children for a civilized life in their own community


-curriculum simplified and children only attend to grade 9

What were the different types of schools

Industrial or boarding schools


-far from child's community



Day schools


-built near reserves



(1920 differences between schools dissolved and became known as residential schools)

Funding in 1883

Crown covered all costs


-self supporting

Funding in 1891

Crown implemented a fixed amount per student


-comperition between churches increased


-principles accepted children who were to young or ill



Outing


-hiring out children as labourers to local farmers


-childen would be sold

1966 funding

$1,193 per child in residential school


$3,300- $9,885 in child welfare institutions

1894 attendance

Indian agent given control over attendance


-children between 6 and 16 not being educated or cared for could be placed in residential school


-parents could deny but indian agent had the final say

What happened is a child escaped

-warrant was issued for child


-returned to school

What was a typical school year

-sept to june


-school officials determined who could go home for holidays


-parental visits discouraged (pass system)

Attendance 1920

Mandatory attendance for kids between 7 and 15


31% school age children in residential schools (1944-1945)

Metis attendance

-often denied editing


-crown argued they were not responsible


-darker skinned metis children attended

1931 attendance

Peak of residential schools


What were the rules of residential schools

-traditional names replaced with Christian names


-short hair cuts (hair scrubbed with lye)


-English only (needles pushed through tongue)


-segregation of sexes (no contact or eye contact)


-rigid timetable

What was the curriculum in residential schools

No aboriginal content


No local content


No useful trades or lofe skills

Daily routine

Boys up at 5:30 to do chores (everyone else 6)


Mass


Breakfast


Class (1 hour of religion) (2 hour of academics)


Lunch


Work (girls=domestics boys=trades)


Study


Supper


Prayers


Bedtime

Staff at residential schools

40% were not trained


-some had no high school diploma and no professional training



Were not disciplined



Incompetent staff moved from one school to another

Nutrition

Students not given proper diets


-28% girls underweight


-69% boys underweight

Rations per child per mouth

Nutrition for staff

Clothing

-Inadequate for conditions


-Not always the right size

Health conditions

-children and parente not informed


-experiments include nutrition, dental and medications

The effectiveness of residential schools

1850-1950


- 60 to 80% never went passed grade 3



1930


-3/4 of children in grades 1-3


- only 3 in every 100 went passed grade 6



1945


-9, 149 in residential school


-100 in grade 8 or beyond

Abuse

sexual, mental, physical, emotional, spiritual



-beatings


-fored to wear soiled underwear on head or wet bedsheets on the body


-faces rubbed with excrement


-hair ripped from head


-bondage and confinement in closets


-electric shock


-sleep outside


-forced labour

Why didnt Indian affairs stop the abuse

-agreed with corporal punishment for extrama cases


(Ruled for how to properly strap children)


-delriving children for minor incidents


(Solitary confinement)


(Withholding food)

What are the guidelines for strapping children (1947)

1) corporal punishment (CP) when other methods failed


2) CP only on the hands with a 15" rubber strap


3) strokes on each hand not past 4 for boys over 14


4) CP administered in presence of principal


5) a CP registry be maintained at school


6) register available for inspection by Indian affairs 5

How did children resist

-native tongue


- used physical violence


-running away


-stealing food


-suicide

Why did assimilation fail

-churches wanted separation not assimilation


-many children didnt attend


- more children in day schools (lower attendance, parental influence)


-schools only in certain parts of canada

Residential school syndrome

What is the indian residential school settlement agreement

Biggest class action lawsuit in Canadas history


-common experience payout (10,000 first year and 3,000 for every other year)


-independent assessment process


(Additional compensation for various types of abuses)

Positive outcomes

-relieved financial stress


-shared with families


-symbolically important


-opened up discussions about residential schools

Negative outcomes

-increased trauma by recalling past events


-increased substance abuse


-elder abuse


-explotation by family, lawyers, sales people


- increase in accidental deaths, suicide and homicides

1960-1970 problems with education

-language and cultural differences


-racism


- untrained teachers


-no aboringal content


-social problems (lack of life skills)

1960-1970 successes and failures

-more aboriginal children in school


-higher drop out rate


-no aboringal content

Indian control of education

National brotherhood


-parental responsibility


-local control of education


-more aboriginal teachers


-language and culture in education

Band schools results and problems

-curriculum more relevant


-increased attendance


-students behind national and provincial averages


-underfunded


-lower graduation rate

auditors general report on first nation education findings

-large gap in education rates


-28 years to close gap


-indian affairs spending 1 billion on education


-small communities have unique problems

Truth and reconciliation commission (TRC)

Created to uncover the past in regard to residential schools and create a plan to achieve reconciliation, mutual understanding and respect

What is reconciliation

Establishing and maintaining a mutually respectful relationship between aboriginal and non aboringal peoples in the country


-must have awareness of past


-acknowledgment of harm


-atonement of causes


-action to change behavior

Why is child welfare such a concern

- aboringal over representation


-most are placed in non aboriginal house holds

What is the hidden agenda of child welfare

-children are the means of cultural survival


- stereotype that aboriginals cant take care of their children


-is better is they are removed

What is the sixties scoop

1950s-1980s


-peak time was in the 1960s


-20,000 kids we adopted out


-by 1950s to 1960s residential schools began to be shut down


-goal was to still assimilate children into mainstream culture

What did provinces do

-cheapest and easiest way was to place aboriginal children with non aboringal families


-white middle class families in middle class neighbourhoods

Children where also adopted out and sent to other counties

United states


Great Britain


Australia


New Zealand


1981 55% where sent to the US

Best interest for the child

CFS believed they were saving children from poverty, unsanitary conditions, poor housing, malnutrition, lack of supervision, unfit conditions

Parents are unfit

CFS agencies offered only one option


(Relinquish child custody)


-never asked for parent or community consent


-removing children from home was normally a last resort but it became a standard procedure

Non aboringal social workers

-decided who was in need of protection


-middle class white norms showed what a proper family was


-fail to understand aboringal childrearing practices

What problems happened when aboringal children were removed

-less likely to return home


-less likely to be put up for adoption


-if adopted most likely to be adopted by non aboringal families (78%) tesidential

Residential school vs CFS

Residential schools


-removed for 10months


-with other aboringal children


-knew parents and communities


-knew they would eventually go home



CFS


-erased cultural identity


-indian status


-knowledge of home community


-birth name

1982 manitoba

Manitoba was the only province still allowing adoptions outside of canada


-aboringal leaders accused government of stealing their babies and engaging in cultural genocide ki

Kimelman report

-inquiry of Manitobas CFS system and its effects on aboringal people


-no quiet place


-CFS was guilty of cultural genocide

What did the kimelman report find

-cultural bias evidence in CFS


-federal and provincial government not addressing jurisdiction duties


- CFS directors not ensuring accountability in CFS system


-CFS not keeping accurate statistical information


-aborongal agencies not speaking up sooner and demanding control over children kim

Kimelmans recommendations

Change CFS legislation


-take children's best interests into account


-increase parents involvement


-provide counseling to parents to prevent them from being removed


-use preventative approach to child abuse

Other kimelman recommendations

Christ bagley study

37 randomly selected aboriginal teenage adoptees


-more likely to have behavioural problems


-by the age of 15, 20% aboringal adoptions have broken down


-by the age of 17, 50% broke ties with adoptee partners


-poor self esteem


-high rates of suicide

Why are aboriginal children more likely to be in care

cultural differences


-make law inherently discriminatory


- different ideas about family and child rearing



different views of what children are


-aborongal see children as individuals


-non aboringal see children as possessions

Child rearing differences

Non Aboringal


-nucular families


-educational institutions



Aboringal


-extened family


-elders and community

Differences between adoptions

Aboringal


-informal


-open


-custom adoptions (go to families)



Non aboringal


-complicated


-closed


-secret

Spallumcheen band vs BC

-gave band authority over children


-first time for it this to happen

Dakota Ojibway child and family services

-first mandated aboringal child welfare agency


-placed children with aboringal foster families


-community based


-orignially restricted to working on reserve

Why are aboringal children apprehended

Child abuse: deliberate and harmful act that is an immediate risk to the child's well being


Child neglect: failure to act in the child's best interest and can cause accumulative harm over time

Neglect

Linked to


-poverty


-caregiver substance abuse


-domestice violence


-lower income


-high unemployment rates

Birth alerts

Flagged if a previous child is taken into care


-hospitials and doctors notify CFS about new borns at risk because of parents background


-babies taken days or hours after birth

Providence's that stopped birth alerts

-British Columbia


-manitoba


-sask is considering it


-Alberta doesn't use birth alerts

Results for children in foster care

-lower income


-less likely to complete high school


-more likely to have health issues and mental health issues


-more likely to come in contact with justice system


-78% of children in care who died where aboringal

60s scoop settlement

-max spent will be $800 million


-25,000 to 50,000 per claimant


-incude first nations and Inuit


-meits not eligible as they have their own agreement


- those taken between 1951-1991 are eligible

TRC finding

High rates of children in care cause


-residemtial schools legacey

Who is Jordan Anderson

From Norway house cree nation


-born with multiple medical needs


-at 2 he could go home if he had proper care


-federal and provincial fought over who sho fund the home care

What is jordans principle

-children are put first



If there is fighting over funding


-depatment first approached will pay


-no delay


-govermnt can fight after

Jorden principle eligibility

-all first nations on and off reserves


-not limited to kids with disabilities


-non status children o reserve can sometimes get it

What is covered by Jordans principle

Health


Education


Social

How does Jordan principle work

What is a constitution

A system or code that creates rules and principles by which an organization is governed

Canada's constitution does what

1) creates basic principles and rules that govern the relationships between citizens and state


2) provides basic principles and rules that govern the relationship between different part of the state

What is the British North American act

Act of parliament that created government of Canada


-federal responsibility to make laws in relations to Indians and lands reserved for indians


-renamed the constitution act in 1867

R. v. Sikyea (federal) R

-treaty 11 (guaranteed hunting rights)


-charge with contravening the federal conservation act by killing a migratory bird out of season


-case lost at supreme court

R. v. White and Bob (provincial)

-treaty 8( garentueed hunting rights)


-charge with contravening the provincial conservation act by killing a migratory bird out of season


-case won at supreme court

Law and treaty hierarchy before 1982

Bullfrog case

-charge with trapping forts out of season under Ontario fish and game act


-argued treaty protect hunting rights but hunting rights not mentioned in treaty

Constitution after 1982

-consitiution is recognized as the supreme law of Canada


-takes presidence over all canadian law


-treaty and aboringal rights fall under constitution

Treaty and law hierarchy 1982

R. v. Sparrow

-charged with using a net longer than allowed


-BC court of appeals won


-surpreme court won

An activity is an aboriginal right if...

-it is intergal to the distinctive cultural of the aboringal group claiming it


-it is a defining characteristic of the group


-it existed since time immemorial

R. v. Van der peet

-selling salmon caught with an Indian food fish licence


-did not prove trade in fish was integral to stodo culture prior to contact with europeans

R. v. Gladstone

-attempting to sell herring spawn on kelp without a license


-proved the sale of herring was integral before Europeans arrived

R. v. NCT Smokehouse

-selling and buying fish not caught with a commercial or indian food license


-failed to prove the exchange on a commercial scale was intergal to the distinctive aboringal culture

What are frozen rights

recognize practices and customs and traditions that existed from the time immemorial and continue to exist at the time of british sovereignty

Dynamic rights

The premise that existing aboringal rights must be interpreted flexibly so to primit their evolution over time

Chief justice Lamar

Aboringal rights must be determined on a case by case basis

R. v. Marshall

-charged with cautching 210kg of eel out of season with no licence and selling them


R. v. Powely

-both metis


-charge with killing a moose without a licence


R. v. Goodon

-charged with unlawful possession of wildlife contrary to manitobas wildlife act


-trial was devided into 4 parts

4 parts of the trial

1)involves actual facts about hunting


2)had to prove


3) crown must prove if aboringal rights had been extinguished


4) no rights are absolute (crown cam limit rights for controvation)

4 parts of the trial

1)involves actual facts about hunting


2)had to prove


3) crown must prove if aboringal rights had been extinguished


4) no rights are absolute (crown cam limit rights for controvation)

R. v. Howard

-charged with fishing out of season


a-list at court of appeals