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Marshall Case

The Marshall case is a landmark ruling in Indigenous treaty rights in Canada. The case centres on Donald Marshall Jr., a Mi’kmaq man from Membertou, Nova Scotia. In August 1993, Marshall caught and sold 210 kg of eel with an illegal net and without a licence during closed-season times. He was arrested after being charged under the federal Fisheries Act and the Maritime Provinces Fishery Regulations. In Marshall’s court case, R. v. Marshall, he was found guilty on all three charges in provincial court (1996) and appeals court (1997). The Supreme Court of Canada reversed Marshall’s convictions in September 1999. The Supreme Court recognized the hunting and fishing rights promised in the Peace and Friendship Treaties. These treaties were signed between the British and the Mi’kmaq, Wolastoqiyik and Peskotomuhkati in 1760–61.

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Canada East

In 1841, Britain united the colonies of Upper and Lower Canada into the Province of Canada. This was in response to the violent rebellions of 1837–38. The Durham Report (1839) laid out the guidelines to create the new colony with the Act of Union in 1840. The Province of Canada was made up of Canada West (formerly Upper Canada) and Canada East (formerly Lower Canada). The two regions were governed jointly until Confederation in 1867. Canada West then became Ontario and Canada East became Quebec.

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Comprehensive Land Claims: Modern Treaties

Comprehensive land claims are modern-day treaties made between Indigenous peoples and the federal government. They are based on the traditional use and occupancy of land by Indigenous peoples who did not sign treaties and were not displaced from their lands by war or other means. These claims, which are settled by negotiation, follow a process established by the federal government to enable First Nations, Inuit and Métis to obtain full recognition as the original inhabitants of what is now Canada. Settlement of these claims comprises a variety of terms including money, land, forms of local government, rights to wildlife, rights protecting language and culture, and joint management of lands and resources. Treaties are constitutionally protected, mutually binding agreements. Those signed by Indigenous peoples between 1701 and 1923 are commonly referred to as historic treaties, and modern treaties refer to those agreements negotiated since then.

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Member of Parliament (MP)

The term Member of Parliament (MP) refers to individuals elected to represent a single federal electoral district (or “riding”) in the House of Commons. As elected representatives, MPs have three main duties: legislating in Parliament, representing their riding and political party, and serving their constituents’ needs. MPs occupy different roles and levels of influence in government. They hold office until Parliament is dissolved — typically four year terms — and can serve infinite mandates, so long as they are re-elected. Any Canadian citizen who is at least 18 years old on election day can run for office. Most MPs are elected as a member of a political party, but some may campaign and sit as independents. There are 338 seats for Members of Parliament in the House of Commons.

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Monarchism

Monarchism is support for Canada’s system of government as a constitutional monarchy. Monarchism is distinct from royalism in that it is support for monarchy as a political institution, rather than for an individual monarch. Monarchism played a key role in the development of Canada and continues to be part of political and popular discourse.

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Torts in Canada

Tort law is a cornerstone of the Canadian legal system. It provides compensation for people who have been injured; or whose property has been damaged by the wrongdoing of others. Tort law is a vast area of private law. It has evolved to keep up with technology and social issues. It has been used by a growing number of victims of crime to help them seek justice against perpetrators. It has also been at the centre of high-profile Canadian cases involving the abuse of children; and the liability of governments for failing to protect citizens from contagious diseases and from defective medical devices.

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Royal Commission on Aboriginal Peoples

The Royal Commission on Aboriginal Peoples was a Royal Commission established in 1991 in the wake of the Oka Crisis. The commission’s report, the product of extensive research and community consultation, was a broad survey of historical and contemporary relations between Indigenous (Aboriginal) and non-Indigenous peoples in Canada. The report made several recommendations, the majority of which were not fully implemented. However, it is significant for the scope and depth of research, and remains an important document in the study of Indigenous peoples in Canada.

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Indian Agents in Canada

Indian agents were the Canadian government’s representatives on First Nations reserves from the 1830s to the 1960s. Often working in isolated locations far from settler communities, Indian agents implemented government policy, enforced and administered the provisions of the Indian Act, and managed the day-to-day affairs of Status Indians. Today, the position of Indian agent no longer exists, as First Nations manage their own affairs through modern band councils or self-government.

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Red River Resistance

The Red River Resistance(also known as the Red River Rebellion) was an uprising in 1869–70 in the Red River Colony. The resistance was sparked by the transfer of the vast territory of Rupert’s Land to the new Dominion of Canada. The colony of farmers and hunters, many of them Métis, occupied a corner of Rupert’s Land and feared for their culture and land rights under Canadian control. The Métis mounted a resistance and declared a provisional government to negotiate terms for entering Confederation. The uprising led to the creation of the province of Manitoba, and the emergence of Métis leader Louis Riel — a hero to his people and many in Quebec, but an outlaw in the eyes of the Canadian government.

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Indigenous Peoples and Government Policy in Canada

For most of the history of political interaction between Indigenous people and the Canadian government (and its colonial predecessors) government policy has focused on First Nations. The Inuit were barely acknowledged until the 1940s, while special responsibility for Métis and Non-Status Indians was largely denied until 2016. The early history of Indigenous policy in Canada is characterized by the presence of both France and Britain as colonizing powers. British colonial policy acknowledged Indigenous peoples as sovereign nations. Post-Confederation Canadian Indigenous policy initially was based on a model of assimilation, with one of its main instruments being the Indian Act. Since the late 1960s, government policy has gradually shifted to a goal of self-determination for Indigenous peoples, to be achieved through modern-day treaties and self-government agreements.

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Gerald Stanley Case

On 9 February 2018, Gerald Stanley, a white farmer in rural Saskatchewan, was acquitted of murder and manslaughter in the killing of Colten Boushie, a 22-year-old Cree man. The acquittal caused great controversy but was not appealed by prosecutors. However, it led the Justin Trudeau government to abolish peremptory challenges, which allowed Stanley’s legal team to keep five Indigenous people off the all-white jury that acquitted him. In 2021, an investigation conducted by a civilian watchdog concluded that that the RCMP was insensitive and racially discriminatory toward Boushie’s mother, and that the police mishandled witnesses and evidence. A Globe and Mail investigation also found that the RCMP “destroyed records of police communications from the night Colten Boushie died.”

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Parks Canada

The federal agency now known as Parks Canada was established in 1911 under the name of the Dominion Parks Branch. Charged with administering a small group of parks and reserves, it was the world's first national parks service.

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Treaty 8

Treaty 8 was signed on 21 June 1899 by the Crown and First Nations of the Lesser Slave Lake area. The treaty covers roughly 841,487.137 km2 of what was formerly the North-West Territories and British Columbia, and now includes northern Alberta, northwest Saskatchewan, and portions of the modern Northwest Territories and BC, making it the largest treaty by area in the history of Canada. The terms and implementation of Treaty 8 differ importantly from those of previous Numbered Treaties, with long-lasting consequences for the governance and peoples of that area.

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Crawford Purchase

The Crawford Purchase of 1783 is one of the oldest land agreements between British authorities and Indigenous peoples in Upper Canada (later Ontario). It resulted in a large tract of territory along the north shore of the upper St. Lawrence River and the eastern end of Lake Ontario being opened for settlement by displaced Loyalists and Indigenous peoples who fought for and supported Britain during the American Revolution. The Crawford Purchase is one of many agreements made during the late 18th and 19th centuries, known collectively as the Upper Canada Land Surrenders. (See also Treaties with Indigenous Peoples in Canada.)

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Responsible Government

Responsible government refers to a government that is responsible to the people. In Canada, responsible government is an executive or Cabinet that depends on the support of an elected assembly, rather than a monarch or their representatives. A responsible government first appeared in Canada in the 1830s. It became an important part of Confederation. It is the method by which Canada achieved independence from Britain without revolution.

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Consumer Law

The branch of law concerned with the supply of goods and services in the most comprehensive sense for the personal use or consumption of individuals and their families is called consumer law.

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Social and Welfare Services

There is a general division in Canada between social security programs and social and welfare services. Social security programs, which are the responsibility of all levels of government, provide direct economic assistance in one form or another to individuals or families. Included in this category are programs such as Family Allowances, Old Age Pensions and provincial and municipal social-assistance programs.