We are All Treaty People The Importance of Treaties for All Canadian

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We are All Treaty PeopleThe Importance of
Treaties for All Canadian

• Presentation to Aboriginal Peoples Health and
  Healing at Dalhousie
• by Naiomi W. Metallic
• Presented by Sara Swasson

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Nova Scotia

• There are 24,175 people of Aboriginal identity in
  Nova Scotia - an increase of 42 since 2001.
• Aboriginal people make up 2.7 of the total
  population of Nova Scotia (the largest minority
  group in NS).
• There are 14,958 Status Indians registered to
  Nova Scotia bands.

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TRUE OR FALSE?When Europeans first arrived in
North America, they conquered the Aboriginal
people through war?

• False. The first 200-250 years of interaction
  between Aboriginal people and Europeans settlers
  was characterized by reliance, mutual-respect and
  recognition.

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Early Relations (16th to 19th centuries)

• Europeans relied on the Aboriginal people to
  survive the climate, become familiar with food
  sources.
• Trading partners
• Military allies
• Royal Proclamation of 1763
• Peace and Friendship Treaties
• Europeans recognized Aboriginal peoples laws and
  customs, and rights to the land.
• Aboriginal people seen as distinct nations and
  British Crown made treaties with on this basis.
• Later would come the Numbered Treaties

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Change in the dynamic (1850s onward)

• Four factors
• Demographic shift non-Aboriginal outnumbered
  Aboriginal people
• Death of the fur trade and focus on
  resource-based economy
• Change from objective of exploration to
  settlement
• Ideology of superiority civilized and savage
  nations
• Consequently, Aboriginal people viewed as a
  burden i.e., the Indian Problem

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The solution to the Indian Problem Assimilation

• I want to get rid of the Indian problem. I do
  not think as a matter of fact, that this country
  ought to continuously protect a class of people
  who are able to stand alone. Our object is to
  continue until there is not a single Indian in
  Canada that has not been absorbed in into the
  body politic, and there is no Indian question,
  and no Indian Department.
• - Duncan Campbell Scott, Deputy Minister, Indian
  Department, 1929

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The Indian Act was used to discriminate against
First Nations in many ways

1. Abolish traditional forms of Aboriginal
   governance - 1869 onwards
2. Criminalize spiritual practices and ceremonies -
   1880 1951
3. Criminalize the practice of traditional
   subsistence activities by First Nations
4. In Prairie provinces, sale of crops and livestock
   off-reserve not permitted unless approved by
   Minister - 1886 forward

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More examples of discrimination under the Indian
Act

• Residential and Indian Day School - 1868-1980s
• Restrict Aboriginal peoples access to the courts
  to bring claims - 1926-1951
• Control who could be an Indian - 1868 to today
• Voluntary Enfranchisement - 1869 1985
• A means for Indians of good character (as
  determined by a board of non-Aboriginal
  examiners) to be declared non-Indian
• Compulsory Enfranchisement 1876 1951
• Automatic loss of Indian status if became doctor,
  lawyer, a priest / nun, got any type of
  University degree, or traveled outside Canada for
  over 5 years without permission of Minister.

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And more

• Status passing through male-line only 1869-1985
• Indian women who married non-Indian lost status
• Their children also lost status
• Indian men who married non-Indian women not
  subject to same rules. Wives and children gained
  status.
• Illegitimate children (1876 - 1985) - could lose
  status if the Registrar is satisfied that the
  father of the child was not an Indian...
• Double Mother Rule (1951 - 1985) person would
  lose status if mother and maternal grandmother
  had no Indian ancestry.

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Challenges to Indian Act discrimination

• Between 1926-1951 it was illegal for First
  Nations to hire a lawyer
• Post-WWII, revulsion to Nazi treatment of Jews
  led to changes in treatment of minorities around
  the world
• UN Declaration on Human Rights (1948)
• Adoption of human rights codes in Canada in 1960s
  and Canadian Bill of Rights

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White Paper (1969)

• Proposed elimination of Indian Act and all that
  remained of special relationship between
  Aboriginal people and Canada
• Aboriginal reacted with strong resistance - they
  saw this form of imposed equality as a coffin
  for their collective identities - the end of
  their existence as a distinct people
• National Aboriginal organizations created as a
  result results in greater advocacy for
  collective rights

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Aboriginal and Treaty rights and Title

• Calder v. British Columbia (Attorney General)
  (1973) Aboriginal title exist at common law
• Afterwards, Canada reverses long-standing
  position of not negotiating native claims
• Specific claims reserve land, trust funds,
  treaty entitlement
• Comprehensive claims claims to unceded
  Aboriginal lands (modern land claims)
• Self-government agreements
• Section 35 of the Constitution Act, 1982
  recognizes and affirms Aboriginal and Treaty
  rights

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Section 35(1) of the Constitution Act, 1982

• 35. (1) The existing aboriginal and treaty
  rights of the aboriginal peoples of Canada are
  hereby recognized and affirmed.
• Came as a result intense political pressure by
  Aboriginal groups and court challenges
• It was intended that Aboriginal rights would be
  defined through further constitutional
  amendments.
• But that never materialized and interpreting
  section 35 has fallen to the courts.

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Section 35(1) litigation

• The promise of s. 35(1) the Supreme Court of
  Canada has said is
• To recognize the fact that prior to the arrival
  of Europeans in North America the land was
  already occupied by distinctive aboriginal
  societies, and to reconcile that fact with the
  assertion of Crown sovereignty over Canadian
  territory.
• (Van der Peet, SCC)

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Key cases

• Simon 1985 recognition of Mikmaq treaty rights
  
• Since this case, Oct. 1 of every year has been
  recognized as Treaty Day in Nova Scotia.
• Sparrow 1990 recognition of Aboriginal rights
• Delgammukw 1996 recognition of Aboriginal title
• Marshall 1999 recognition of Mikmaq treaty
  rights to hunt and fish for a moderate livelihood
• Haida 2004 recognition of a duty to consult and
  accommodate regarding existing and asserted
  rights
• Tsilqotin 2014 finding of Aboriginal title to
  6,000 hectares in interior of BC

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Neglect and underfunding

• First Nations often a political hot-potato
• Results in a lot of legislative gaps on reserve
• Also results in under-funding to programs on
  reserve
• Child welfare
• Education
• Health services
• Housing

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Reality Check

• Diabetes among First Nations people is at least
  three times the national average.
• 23 of Aboriginal people live in houses in need
  of major repairs, compared to just 7 of the
  non-Aboriginal population.
• There are more than 100 First Nations communities
  under boil water advisories.
• High school graduation rates for First Nations
  youth are half the Canadian rate.
• There are more First Nations children in foster
  care then there were in residential schools when
  these schools were at their height.
• First Nations youth commit suicide at five to
  eight times the Canadian rate.

• Aboriginal people are three times more likely
  than non-Aboriginals to be victims of violent
  crime.
• Aboriginal people, while they represent only 3.8
  of the Canadian population, account for 18 of
  those who are incarcerated in federal
  institutions.
• Only 8 of Aboriginal peoples, aged 25-34, have a
  university degree compared to 28 of all
  Canadians?
• Only 24 of Aboriginal peoples under 25 able to
  converse in an Aboriginal language.
• One in four First Nation child live in poverty.

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• Settler Treaty membership entitles the
  card-holder to share this territory (except
  reserves) with First Nations people and move
  freely throughout it freedom of religion
  freedom to engage in economic activities and to
  use the land for the purposes of agriculture the
  right to self-government (including trade and
  taxation, determination of citizenship, social
  services such as child welfare, health and
  education) and peace and goodwill.
• Card holders are required to recognize the
  reciprocal treaty rights of First Nations,
  including freedom of movement throughout this
  shared land as well as those territories reserved
  for the exclusive use of First Nations freedom
  of religion freedom to engage in economic
  activities and assurance to a right to a
  livelihood as well as assistance in times of
  need self-government (including trade and
  taxation, determination of citizenship, and
  social services) and peace and good will. All
  rights of both settlers and First Nations are
  further delimited by our shared responsibilities
  to maintain good relations and to be good
  stewards of the land.

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End Welalioq