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109 Cards in this Set
- Front
- Back
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What is the pass system |
A person on reserve couldn't leave the reserve unless indian agent allowed them to
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Urbanization |
-leave reserve to live in urban areas -maintain connection to home -satisfied with quality of life -access to cultural activies (older people more likely to take part) |
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What are communities of likeness |
-mini comunnties -people try to find others with similarities |
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Women's health |
Urban aboriginal women -suicide 8x -higher rates of diabetes -tuberculosis 10x -HIV 47% |
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Health practices |
Still use traditional healing and western healthcare services |
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Child poverty 2019 |
47% live in poverty (on and off reserve) |
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Education graduation |
Less likely to complete high school or university |
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What is the unemployment rate |
11.6% vs 6.4% -less likely to keep a job |
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Labor foce involvement |
-difficult to find a job -no training, limited education, family responsibilities, discrimination |
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Aboriginal people in the justice system |
25% of all inmates -incacerstion rates as high as 90% -2/3 if urban aboriginal have contact with justice system -poverty and educ linked to justice system |
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What are the 8 things urban aboriginals are more likely to have |
1) lower education 2)low labour force participation 3)higher unemployment rate 4)lower income 5) higher homelessness rate 6) overrepresented in justice system 7) poor health 8) twice as likely to live with single parent and experience domestic violence |
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Who is responsible |
-crown claimed responsibility for status first nations on reserve and crown lands (Not for those in urban areas) -proviences are responsible for non status aboringal people (metis) |
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What is the goverments goal |
-treat first nations as citizens (not citizens plus) -decrease funding for housing and economic development (push first nations off reserves) |
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What is citizen plus |
It is Canadian rights with added first nation rights |
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What are the 4 types of organizations in the urban aboriginal strategy |
1) public service 2) acculturating service 3) accommodating 4) membership |
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What are public service organizations |
-non aboringal staff -offer single service (education, health, justice, welfare) -present barrier that denies aboriginal people entry into mainstream life |
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What are acculturating services |
-staff are non aboriginal -post secondary institutions (university, college, apprenticeship) |
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Accommitating service organizations |
-limited funding (hard to create long term effective programs) -values reflect aboriginal perspective but are operated withing institutions based on white middle class values -RCMP special constable program, courtworker program |
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Membership organizations |
-work against assimilation -promete revitalization of aboringal culture -provide broad range of services (friendship centers, manitoba metis federation) |
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Wht are the stages when relocating to urban areas |
1) entering the city 2) becoming a client of a service organization 3) graduating from service organization 4) final placement in the city |
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Changes to organizations |
Membership organizations taking over programs run by acculturating and accommodating service organizations (Aboriginal specific programs) |
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What are urban reserves |
A reserve within it adjacent to an urban center |
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What are the 2 types of urban reserves |
1) reserve has always been near urban area, urban area expanded around the reserve 2) treaty entitlement settlement (land is purchased in urban areas and deemed reserve land by federal government) |
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What are issues with urban reserves |
-buying products on a new property without paying provincial or federal sales tax -people don't understand what an urban reserve is |
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What do urban reserves do |
-economic development for remote communities -allow abotingal business growth -employment opportunities |
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How did colonialism affect women |
-from matriarchal to patriarchal -silenced their voices |
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Gender violence |
2004 -rate of spousal assault against women was 3x higher than non aboriginal |
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Homicide rates for women |
8x higher -most killed by an acquaintance of family member -3/4 killed in a residence -most likely beat to death - 25-44 are 5x more likely to die violently |
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Gender issues with homes |
Women have fewer rights to their matrimonial property -9 out of 10 certificated of possession are issued to me -due to housing shortages, women must leave to find housing |
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What was the royal proclamation |
1763 -edtsblished guidelines for the governments relations with aboriginal peoples (still today) -forms the legal basis of aboriginal title recognized limited title to the lands |
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What did the royal proclamation recognize |
1) Indians lived on traditional lands 2) interest in those lands belonged to groups/nations (not individuals) 3) only the crown could buy or accept indian lands 4) crown required an agreement to obtain indian lands 5)indians where under the crowns protection |
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What are the 4 era's of treaty making |
1) point of first contact to royal proclamation 2) post royal proclamation to confederation 3) post confederation to natural resource transfer agreements 4) modern treaty era (1975....) |
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What are the 3 phases of treaty making |
1) compacts 2) contract period 3) covenants |
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What is the compacts phase |
-informal agreements creating economic and military alliances (Happened between indian nations) (Negotitater from point of contact to just after royal proclamation) |
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What is the contract period phase |
-land based treaties, stressing land cessations and sales (Trying to displace it dispossess indiand from lands) (Inaccruate and incomplete treaties) |
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What is the covenants phase |
Triparty agreements (Indians, crown, creator) (Indiand believed that since creator was invivled, treaties couldn't be changed without renegotiating) (Promised made before creator binding began after 1870) |
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What are per contact treaties |
Processes that were developed to establish political relationships with neighbouring indain groups -in order to protect their cultural autonomy, political sovereignty and tradition lands |
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Pre contact treaties |
-negotiations as important as the outcome -respect to all -promises during negotiations considered binding -final agreements memorized (oral tradition) |
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What are 3 ways indian title can be extinguished |
1) indians abandoning their lands 2)if indians waged a war 3) engaged in negotio that led to a formal treaty that acknowledged the land sell |
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What were indians perception of treaties |
Treaties as a means of formalizing relationships that respected cultural values, traditional practices and political traditions |
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Treaties system 1764-1836 |
1) paymentnif trade good in exchange for extinguishment 2) hunting and finishing occupancy (it was understood but not written that Indians had these rights) 3) reserve lands (by villages) |
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What was the Mica Bay incident |
-indians supported British in war -promosed they could live unmolested forever -crown issued mining licenses -miners invaded indian lands -complantents ignored by government -indians and half breeds attached minors at Mica bay -indians had title to the lands had not been extinguished |
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Was was the goal of the Robinson treaties |
-get the shore of lake Huron, its mining sites, and eastern shore of lake superior -would be allowed to hunt and fish -Robinson superior treaty -robindon Huron treaty included things that would become standard later (indians couldn't sell or lease lands) |
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What are the 3 significant clauses in the Robinson treaties |
1) mineral rights 2) hunting and finishing rights 3) yearly annuities |
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Mineral rights |
-indians agreed not to interfere with mining operations -if minerals found on reserves, Indians could sell it but only the chief superintendent could conduct the sale |
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Hunting and fishing rights |
-free to hunt and fish on ceded territory -first time this was included in writing |
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Yearly annuities |
Annuities to be paid in cash -first time to take place |
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What happened before the formation of numbered treaties |
-buffalo nearly extinct -would indians be better farmers -Canada more concerned with building the nation than negotiating treaties with indians |
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What are the 2 categories of numbered treaties created from the Robinson treaties |
1) 1 model was used from 1871-1877 (1-7) 2) other model was used from 1899-1921 (8-11) |
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The indians believed treaties garentueed certain rights..... |
1) they would remain sovereignty over their people, lands and resources both on and off reserves 2) crown promised to provide economic development in exchange for the right to use lands covered by treaties 3) treaties promised revenue sharing between crown and Indians |
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Treaties 1 and 2 |
1871 -give up traditional lifestyle to farm -didnt specify the right to hunt or fish in treaty area -reserve lands (160 acers per family of 5) -annutiy ($3 per year) |
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Treaty 3 |
-reserve land (640 acres per family of 5) -guatenteed the right to fish and hunt -one time gratuity of $12 -yearly allocation of $1500 for twine and ammunition |
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Treaty 4 |
Same as 3 but... -guaranteed the right to trap, fish and hunt -yealty allocation of $750 for twine and ammunition |
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Treaty 5 |
-160 Acres pers family of 5 -agrucaultural implements and tools -one time payment of $500 for twine and ammunition |
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Treaty 6 |
-640 acres per family of 5 - 3 special provisions 1) medicine chest 2) assistance in times of famine and pestilence 3) once bands were surveyed, would receive $1000 per year to help with farming |
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Treaty 7 |
-signatories wanted to focus on ranching not farming -crown will pay salaries for teachers -no promise to provide schools on reserves |
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Treaty 8 |
Yukon goldfields |
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Treaty 9 |
-Open motor transportation routes, access to timber and other natural resources -annuity $4 -no fund for ammunition or twin, no farm implements, no carpentry tools, no salaries or clothes for chiefs |
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Treaty 8 10 11 |
160 acres per person who wanted to live outside band |
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Treaty 11 |
Discovery of oil at fort william |
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Provisions of treaties |
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What we farm schools designed to teach Indians |
-break the land -sow, reap, save and thresh grain -build homes -take care of farm animals -use and maintain equipment (Self effacement and store food incase of famine) |
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What were the problem with farm instructors |
-can from Ontario and eastern Canada -knew little about prairies -little to no knowledge about the Indians |
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Rations |
-crown used rations to manipulate the Indians -could be rotten or contaminated -new diet affected their health |
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Homes |
-1 room log structure (7×9) -mud roof -mud fireplace -few ammdnties (no windows, beds, stoves, flooring, heating, light) -put pile or rags on floor for a bed |
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Clothing |
-limited clothing -use teepee to make footwear -sometime would have to eat hides so nothing for clothing or shelter |
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What was the treaty dispute with treaty 6 |
medical chest or medical care -didnt mean 100% medication |
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What is a scrip |
A certificate or voucher entitling the bearer a right to somthing -money , land or goods -metis scrip was paid in either land or monies in recognition of their aboringal land |
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Scrip |
Dependent children could get 240 acres or $240 Heads of house could get 160 acres of $160 |
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Dominion land act |
Dependent children 240 acres or $240 Heads of house 160 acres or $160 |
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Scrip vs treaty |
Both extinguished aboriginal title to land -indans delt with as a group (unable to sell land) -metis dealt with individually (could sell land) |
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2013 supreme court ruling |
Court ruled 6-2 that the way the crown handed out scrip was flawed and didnt love yp to its obligations |
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What are the 3 kinds of claims |
Treaty and scrip Land claims Aboriginal rights |
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What is aboriginal title |
-no defined definition -only crown could buy or accept aboriginal land -usufructory rights |
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What are usufructory rights |
A right to use and occupancy of land but not the total ownership of that land |
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St. Catherine's milling case |
-first significant ruling in regard to aboriginal rights - court ruled first nations has usufructory rights |
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Calder vs bristish Columbia |
-nisga'a lost but was a legal turning point -aborginal title became a legal right -crown established a land claims process |
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Baker lake |
-oil drilling on land -court found Inuit didnt require specific recognition from the crown to claim aboriginal title -baker lake test had to be passed for aboriginal title to be accepted |
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Baker lake test |
1) ancestors were part of an organized society and they continued to be part of one to this day 2) had exclusive occupation over specific territory 3) had to prove at the time of Europeans claimed sovereignty, it was an established fact that they occupied the specific tract of land they were claiming |
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Aboriginal title |
-not a proprietary right -dosnet consitiuse total ownership of land -dosnet include subsurface rights |
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How are modern day treaty process different |
-crown and first nations do not negotiate as political and economic equals -modeen day treaties focus almost exclusively on outstanding land claims -much more complex, take a long time, lots of money |
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What are specific land claims |
Deal with obligations of past treaties, administration of lands or assets under the indian act -may or may not involve land |
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What are comprehensive land claims |
-based on aboriginal title -no treaties have been signed -always involves land 1) establish title to lands and resources 2) improve economic development and social economic opportunities for first nation communities |
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James bay and northern quebec agreement (JBNQA) |
comprehensive claim -first modern canada treaty |
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Two alternatives to extinguishment |
1) total conveyance of aboriginal title to the entire claimed area followed by a grant back to certain lands 2) partial conveyance of aboriginal title (remain undisturbed over certain lands) |
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What is the comprehensive claim criteria |
1)group was and is an organized society 2)the society has to have occupied the territory over which its assets aboriginal title since time immemorial 3) occupation of territory was largely to the exclusion of other organized societies 4) group can demonstrate some continuing current use of the land for traditional purposes 5) groups aboriginal title and rights to resource use have not been delt with by treaty 6) aboriginal title has not been eliminated by other lawful means |
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British Columbia comprehensive land claim process |
-federal or provincial government do not accept of reject particular claims -BC treat commission oversees process -govemrent acknowledge many first nations in BC did not extinguish their aboriginal rights |
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What are the outcomes of the nisga'a treaty |
-health and education improved -can pass laws that will impact nisga'a people -2013 only first nations in Canada to privatize their lands (members can purchase lands) |
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Treaty land entitlement |
Some people did not receive the correct amount of lands when they signed the number treaties |
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TLE settlement |
-indicates hoe much land first nations is entitled to -first nations can buy lands or select unoccupied cown lands (then ask govmenr to turn lands into reverve land) |
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Is self government an aboriginal right |
-first suggested after repatriation of the constitution 1982 -self government is not mentioned as an aboriginal right in the constitution |
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What was the special joint parliamentary committee |
-created to study the indian act -made recommendations |
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What did harry Hawthorn conclude |
-aboriginal people are the most disadvantaged group in canada (citizens minus) -rejected assimilation and proposed citizen plus -indians should benefit from their status, treaty rights and Canadian citizenship |
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What was the government's response |
-polices had to be nom discriminatory and lead to aboriginal participation in society -people needed to become provincial citiclzend and receive equal benefits |
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What is the white paper |
-would remove all aboriginals 'Aboriginal people would need to become socially, economically and politically equal |
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How to achieve equality |
1) legislative discrimination be removed 2) positive recognition by everyone of the unique contributions of indian culture to canadian life 3) services come through the same government agencies for all 4) those behind must be helped 5)lawful obligations be recognized 6) control of Indian lands be transferred to indians |
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What is the red paper |
-for indian culture to be maintained there had to be Indians -wanted to keep their status -to be treated justly they has to retain their status |
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What did the government promise in their treaties |
-provide reserves and cultural and economic development -,healthcare -education -right to hunt trap and fish |
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What were the hey findings from the penner report |
1) envisioned first nation self government as a distinct order of government in canada 2) the right of self government be constitutionally entrenched 3) defined areas of authority for first nation governments such as education, healthcare, child welfare, membership, justice, intergovernment relations |
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Key points ( read) |
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What does section 35.1 state |
Aboriginals have the inherent right of self government within Canada -didnt claim to create or grant self government -just recognized the right exists |
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What could be negotiated (fredrtsl policy guide for aboriginal self government) |
-memberehip -adoption and welfare -educatiom and health -socisl services -property rights -nature resources and land membership -government structures, elections, lesfrtship processes |
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What could not be negotiated (fredrtsl policy guide for aboriginal self government) |
-criminal code -charter of rights and freedoms -international treaties -national security -postal system -banking institutions -immigration |
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What powers negotiated with province (fredrtsl policy guide for aboriginal self government) |
-labour and training -environmental protection -fishires co managment -administration of justice -divoce -gamabling -penatrntaries |
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What was bill c 7 |
recommend restructuring thr indian act - an act respecting leadership selection, administration and make related amendments to other acts |
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How is bill c-7 different from federal policy guide |
-bill c-7 recommended restructuring thr indian act -federal policy guide reccomend against using indian act as a means of bringing self government |
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What were the goals of the Inuit tapirisat corporation (ITC) |
1) secure inuit land title 2) enstablish resouce management protocols 3) sensutr inuit have input into regional policy making |
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What did the ICT want |
1) inuit ownership rights of land rich in non renewable resources 2) decision making power over management of land and resources 3) fincjal indemnity and royalties from resources in area 4)commitment from Ottawa to negotiate self government once land claims finalized |
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Minister of Indian affairs three conditions |
1) settlement of Inuit land claims would need to be achieved prior to division of lands 2) Boundary separating est and west of NWC approved by residents 3) accord defining structure of new nunavant government |
