Aboriginal Peoples: Rethinking the Relationship

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Aboriginal PeoplesRethinking the Relationship

• Presented By
• Peter, Sarosh, Matt

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Introduction

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

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Aboriginal Status Lifestyle
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Aboriginal Status

• There are 4 distinct government-defined
  Aboriginal statuses in Canada
• Status Indian
• Non-Status Indian
• Metis
• Inuit

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Aboriginal Lifestyle

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

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Treaties, Rulings, Agreements
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Treaty 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.

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Policies for Assimilation

• There 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.

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Initiatives 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.

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Policies for Devolution

• 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.

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Initiatives 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 Canadas legal system.
• Nisagaa 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.

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Restructuring the Relationship
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Living Together Separately

• 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.

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Living Together But Separately

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

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Three Recurrent Themes for Aboriginal Renewal

• Taking aboriginal rights seriously.
• Promoting self-determination through self
  government.
• Acknowledging aboriginal title and treaty rights.

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Inherent Rights

• 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.

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Sui Generis Rights

• 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.

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Conditional Autonomy

• 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.

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Conditional Autonomy

• 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.

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Self-Determination Through Self-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.

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Self-Governance(Core 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.

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Four Self-GovernmentPossibilities

• (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.

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Four Self-GovernmentPossibilities

• (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) Institutional
• Nominal sovereignty
• Decision-making power through institutional
  inclusion.

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Aboriginal Self-Governance

• 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

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Richard Cardinal Cry From the Diary of a Metis
Child

• 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 Albertas
  child welfare system, allowing Native communities
  to gain control over their care of their children.

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Conclusion

• Aboriginal 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 nations government, but its unsupportive
  yet sympathizing citizens as well.