Aboriginal Peoples:Aboriginal Peoples:Rethinking Rethinking thethe RelationshipRelationship

Presented By:

Peter, Sarosh, & Matt

Main Argument:Main Argument: Although the conditions of Although the conditions of

Aboriginal peoples are Aboriginal peoples are improving and their history and improving and their history and voices are being given greater voices are being given greater attention by the government and attention by the government and media, much still needs to be media, much still needs to be done to right historical wrongs.done to right historical wrongs.

IntroductionIntroduction

Aboriginal Status Aboriginal Status &&

LifestyleLifestyle

Aboriginal StatusAboriginal Status

There are 4 distinct There are 4 distinct government-defined government-defined Aboriginal statuses in Aboriginal statuses in Canada:Canada:

1)1)Status Indian: Status Indian:

2)2)Non-Status Indian:Non-Status Indian:

3)3)Metis:Metis:

4)4)Inuit:Inuit:

Aboriginal LifestyleAboriginal Lifestyle

Aboriginals in Canada, whether they live Aboriginals in Canada, whether they live on or off reserves, tend to face many on or off reserves, tend to face many problems.problems.

Living on the reserveLiving on the reserveLiving off the reserveLiving off the reserve

Treaties, Rulings, &Treaties, Rulings, &AgreementsAgreements

Treaty for AccommodationTreaty for Accommodation

There was only one treaty made in the spirit of accommodation:

The Royal Proclamation of 1763: It sought to establish the principle of

Crown sovereignty over unexplored land.It acknowledged that Aboriginal interest

in land was pre-existing sovereign right rather than a right granted by the Crown.

Based on principles of partnership, mutual recognition and non-interference.

Policies for AssimilationPolicies for AssimilationThere were a number of policies made under the

principle of assimilation:

British North America Act, 1867:

Permitted British rule through occupation, settlements, and the threat of force and made Natives a state responsibility.

Gradual Enfranchisement Act, 1869:

It sought to eliminate “Indian” status though enfranchisement and exposure to the “…White race in the ordinary avocations of life.”

Indian Act, 1876:

Goal was to protect and civilize the Aboriginal population, but, rather than empowering them, it controlled them.

Initiatives for IntegrationInitiatives for Integration

There was one policy made on the principle of integration:The White Paper, 1969:

Proposed by then Indian Affairs Minister Jean Chretien, this highly criticized proposal set to eliminate the status of Aboriginal peoples as a legal entity.

Transfer federal responsibility of Natives to the provincial governments.

Abolition of Aboriginal treaty privileges and special status to “normalize” Aboriginal entry into Canadian society.

Never put into practice because it was met with a great deal of disdain from the Native community.

There were 3 new policies introduced with the principle of devolution after The White Paper:The Calder Decision, 1973:

It made moves to transform federal policy agenda to enhance nation-to-nation relationship and created initiatives to expand Aboriginal jurisdiction over local matters.

The Constitution Act, 1982:Canada was the first country to entrench Aboriginal and

treaty rights into the constitution.First Nations Land Management Act, 1999:

Allows for band councils to establish their own land-use policies, awards limited property right to band members, and settles matrimonial disputes over land ownership in divorce cases.

Sechelt Ruling, 1986:First Aboriginal community to gain self-government.

Policies for DevolutionPolicies for Devolution

Initiatives for AutonomyInitiatives for Autonomy

There have been 5 significant policy initiatives based on the principle of conditional autonomy since the 1990s: Royal Commission of Aboriginal Peoples, 1996:

Stated that Native peoples sovereignty should be restored. Delgamuukw Ruling, 1997:

B.C. Court ruled that Aboriginals have a constitutional and exclusive right of use and ownership to land they can prove was occupied by them prior to European arrival.

Marshall Ruling, 1999:Ruling that acknowledged the fact that Aboriginals face a great

deal of discrimination throughout Canada’s legal system. Nisaga’a Final Agreement, 2000:

The first treaty settlement in B.C. since 1859 and is the first of 50 outstanding land claims that encompass the entire province.

Restructuring Restructuring the the

RelationshipRelationship

Living Together Living Together SeparatelySeparately

Not fixing the aboriginal problem but fixing the relationship.

Aboriginal peoples define themselves as different and distinct.

Categorically reject the view of themselves as Canadian citizens who live on reserves.

Living Together But Living Together But SeparatelySeparately

Aboriginality is like ethnicity.

It (aboriginality) refers to the process of shared awareness of ancestral differences as a basis for entitle or engagement.

Three Recurrent Three Recurrent Themes for Aboriginal Themes for Aboriginal

RenewalRenewal

Taking aboriginal rights seriously.

Promoting self-determination through self government.

Acknowledging aboriginal title and treaty rights.

Inherent Inherent RightsRights

Aboriginal peoples claim to be a de facto sovereign political community (“peoples”) whose collective right to self-government (“nationhood”) are guaranteed by virtue of aboriginality (ancestral occupation) rather than because of need, disadvantage, or occupation.

““Sui Generis” Sui Generis” RightsRights

Aboriginal rights are different “SUI GENERIS”

Rights that are based in sources of law that reflect the unique status of original occupancy.

Collective and inherent rights (i.e., “inherent” due to ancestral occupation).

Inherent in that they are not delegated by government decree.

Collective in that aboriginal communities can exercise jurisdiction over the individual rights of members of these communities.

Conditional Conditional AutonomyAutonomy

Model that is getting endorsed by both government and aboriginal peoples.

Aboriginal rights, including the “inherent” right to self governance is within the constitutional framework of Canadian society.

A third tier of government but only if consistent with Canadian foundation principles.

Allows negotiation on a government-to-government basis.

Conditional Conditional AutonomyAutonomy

Rejects legitimacy of existing political relations for attainment of aboriginal goals.

Aboriginals are seeking the same powers regarding internal affairs as those similar to the actions of the Quebecois and the sovereignty-association.

Self Determination through self-governance.

Self-Determination Self-Determination Through Through

Self-GovernanceSelf-Governance

Key Elements:Control over the process and

power of local governance;The attainment of cultural

sovereignty;Realignment of political relations

around formal self governing arrangements in key areas related to power, privilege and resources.

Self-Governance:Self-Governance:(Core (Core

Jurisdictions)Jurisdictions)

Several “core jurisdictions” which may vary in priority amongst the bands. Specifically:

The delivery of social services (policing, health, education);

Resources and use of lands for economic regeneration;

The means to promote and protect distinct cultural values and language systems;

Band membership and entitlements;

Federal expenditures according to aboriginal priorities rather than those of the government.

Four Self-Four Self-GovernmentGovernmentPossibilitiesPossibilities

(1) Statehood Absolute sovereignty Internal + external justice complete independence with no external

interference

(2) Nationhood De facto sovereignty - Province like status. Operates within framework of society but

with authority over internal matters. Interlinked with jurisdictions having shared sovereignty.

Four Self-GovernmentFour Self-GovernmentPossibilitiesPossibilities

(3) Municipality“Nested” sovereignty

Community based autonomy

Control over internal affairs (internal jurisdiction) but limited by way of interaction with other parallel bodies and higher political authorities.

(4) InstitutionalNominal sovereignty

Decision-making power through institutional inclusion.

Aboriginal Self-Aboriginal Self-GovernanceGovernance

Aboriginal demands for self-government rarely calls for political independence or territorial autonomy.

Seeking a relationship of relative and relational autonomy within a partnership framework.

It is not secession

Richard Cardinal: Cry Richard Cardinal: Cry From the Diary of a Metis From the Diary of a Metis

ChildChild

Cardinal killed himself at the age of 17 after spending 13 years being shifted though a series of 28 different foster homes and shelters, often separated from his brothers and sisters.

His death and the diary he left behind captured media attention and prompted reform of Alberta’s child welfare system, allowing Native communities to gain control over their care of their children.

ConclusionConclusionAboriginal peoples are a vital and

culturally distinct group in Canadian society which are, sadly, still fighting for the justice that they rightly deserve but are being denied by not only this nation’s government, but it’s unsupportive – yet sympathizing – citizens as well.