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ABORIGINAL POLITICS

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ABORIGINAL POLITICS By Pamela D. Palmater, LL.M. Aboriginal Nations Mi kmaq Maliseet Passamaquoddy Innu Inuit Labrador Metis Beothuk are extinct The Indian Act ... – PowerPoint PPT presentation

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Title: ABORIGINAL POLITICS


1
ABORIGINAL POLITICS
  • By
  • Pamela D. Palmater, LL.M.

2
Aboriginal Nations
  • Mikmaq
  • Maliseet
  • Passamaquoddy
  • Innu
  • Inuit
  • Labrador Metis
  • Beothuk are extinct

3
The Indian Act, 1985
  • First enacted in 1876
  • defined Indians
  • registration began in 1951 (status)
  • discriminated against women
  • amended in 1985

4
The Metis
  • Metis began as mixing of Aboriginal and European
    cultures
  • became more than mixed blood, own history,
    language, culture, traditions
  • recognized and protected as a people

5
The Inuit
  • Never registered under the Indian Act
  • Issued Eskimo Identification Discs
  • Made of clay, worn around neck, numbers
  • The name Eskimo was offensive as were the I.D.
    numbers

6
Aboriginal Nations Divided
  • INSTEAD OF
  • Mikmaq
  • Cree
  • Mohawk
  • Maliseet
  • Passamaquoddy
  • Innu
  • Inuit
  • NOW HAVE
  • AFN
  • MNC
  • CAP
  • ITK
  • NWAC
  • NAFC
  • plus provincial affiliates and bands

7
Assembly of First Nations
  • National organization
  • voice of the First Nation Chiefs
  • each region elects a regional chief
  • represent only status Indians

8
Native Womens Assc. of Canada
  • National organisation
  • provincial affiliates
  • Represents First Nations and Metis women on and
    off reserve
  • highlight issues affecting Aboriginal women like
    violence and discrimination

9
Nat. Assc. of Friendship Centres
  • National organization
  • provincial and municipal affiliates
  • over 99 centres
  • non-political
  • goal - improve quality of life for urban
    Aboriginal people
  • emphasize cultural distinctiveness

10
First Nations/bands
  • First Nation can represent larger Aboriginal
    Nation
  • can also represent band - 634 bands
  • defined in Indian Act as group of Indians who
    have a reserve, or who have been declared a band
    (ex. landless bands)

11
Reserves
  • reserve defined in the Indian Act as land that
    is set aside for use of a band
  • over 600 reserves
  • considered federal land and provincial laws do
    not always apply on reserve
  • FNs can enact their own by-laws

12
Constitution Act, 1982, s.35
  • S.35(1) - recognizes and affirms existing treaty
    and Aboriginal rights of Ab. Peoples
  • s.35(2) - Ab. Peoples Indian, Inuit, Metis
  • s.35(3) - treaty rights includes land claims
    agreements that exist or may be in future
  • s.35(4) - Aboriginal and treaty are guaranteed
    equally to male and female persons

13
Treaty Rights
  • Exercise
  • hunting and fishing
  • food, social, ceremonial rights
  • commercial rights
  • conservation co-management
  • beneficiaries, priority
  • numbered, peace friendship
  • Negotiation
  • new treaties - comprehensive land claims, natural
    resources, governance
  • existing treaties - modernize and define
  • Marshall Process
  • Negotiations, exploratory talks

14
Aboriginal Rights
  • Hunting, Fishing
  • exercise for food, social, ceremonial
  • commercial
  • conservation co-management
  • also self-government
  • beneficiaries issue
  • Aboriginal title
  • traditional territory
  • larger tracts of land compared to reserves
  • can hunt, fish, live and utilise Ab title lands
  • negotiate or litigate to prove title

15
Self-Government
  • Inherent Right to Self-Gov recognized by Fed.
    Gov. (s.35(1)) as Aboriginal Right
  • Consistent with Statement of Reconciliation to
    Aboriginal Peoples
  • Ab. Peoples were always self-governing
  • Inherent Right Policy
  • Current Negotiations
  • Completed Agreements
  • lands, resources, laws, citizens

16
Indian Northern Affairs Canada Programs
Services
  • Housing - family housing, loans
  • Education - elementary, secondary, post-sec
  • Infrastructure - band offices, schools
  • Economic Development - band indiv
  • Social services - social assistance
  • Maintenance - roads, sidewalks
  • difficult issues arise around funding

17
Registration as an Indian
  • One of the most controversial and political
    topics
  • Status has nothing to do with blood, culture,
    language, tradition, or connection to community
  • Divides communities, families and friends

18
Band Membership
  • Determined in part by band and in part by Indian
    Act
  • can be very divisive
  • can be a 6(1), or 6(2) status band member, or
    non-status band member,
  • all have different rights

19
Jurisdiction Aboriginal People
  • S. 91(24) Constitution Act, 1867 gives
    jurisdiction for Indians and lands reserved for
    the Indians to the federal government
  • the province has jurisdiction for the rest of its
    residents, its lands and things like education,
    natural resources, health
  • the federal govt claims only status Indians fall
    under section 91(24)
  • the province claims all Ab. People do
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