Search for "Indigenous Peoples in Canada"

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Delgamuukw Case

The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).

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Indigenous Services Canada

Indigenous Services Canada (part of the former Indigenous/Indian and Northern Affairs Canada or INAC) was created by the federal government in 2017 to provide and support the delivery of services such as health care, child care, education and infrastructure to First Nations, Métis and Inuit communities. The overarching vision of the department is to support self-determination as a means of providing Indigenous peoples with the power to deliver their own services.

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Duty to Consult

The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.

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Johnson-Butler Purchase

The Johnson-Butler Purchase of 1787–88 (also known as the “Gunshot Treaty,” referring to the distance a person could hear a gunshot from the lake’s edge) is one of the earliest land agreements between representatives of the Crown and the Indigenous peoples of Upper Canada (later Ontario). It resulted in a large tract of territory along the central north shore of Lake Ontario being opened for settlement. These lands became part of the Williams Treaties of 1923. (See also Upper Canada Land Surrenders and Treaties with Indigenous Peoples in Canada.)

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Land Cession

A land cession is a transfer of land from one party to another through a deed of sale or surrender. Land cessions may also be referred to as land surrenders and land purchases. In Canada and the United States, Indigenous land cessions generally took place through negotiated treaties. There are cases, however, where Indigenous peoples claim that lands were taken unjustly. The Royal Proclamation of 1763 established the protocols for land cession in both Canada and the United States.

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Charlottetown Accord

The Charlottetown Accord of 1992 was a failed attempt by Prime Minister  Brian Mulroney and all 10 provincial premiers to amend the Canadian Constitution. The goal was to obtain Quebec’s consent to the Constitution Act, 1982. The Accord would have recognized Quebec as a distinct society; decentralized many federal powers to the provinces; addressed the issue of Indigenous self-government; and reformed the Senate and the House of Commons. The Accord had the approval of the federal government and all 10 provincial governments. But it was rejected by Canadian voters in a referendum on 26 October 1992.

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Métis Scrip in Canada

Scrip is any document used in place of legal tender, for example a certificate or voucher, where the bearer is entitled to certain rights. In 1870, the Canadian government devised a system of scrip — referred to as Métis (or “half-breed”) scrip — that issued documents redeemable for land or money. Scrip was given to Métis people living in the West in exchange for their land rights. The scrip process was legally complex and disorganized; this made it difficult for Métis people to acquire land, yet simultaneously created room for fraud. In March 2013, the Supreme Court of Canada ruled that the federal government failed to provide the Métis with the land grant they were promised in the Manitoba Act of 1870. Negotiations between various levels of government and the Métis Nation concerning the reclamation of land rights continue.

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Powley Case

R. v. Powley was a legal case concerning Métis hunting rights in Canada. In 1993, the province of Ontario charged Steve and Roddy Powley with illegal hunting. The Powleys disputed their conviction, arguing that the Aboriginal rights enshrined in section 35 of the Constitution Act, 1982 protected their hunting rights as Métis people. The case concluded in 2003, when the Supreme Court of Canada ruled that the Powleys were, in fact, exercising lawful Métis hunting rights. The Powley case established criteria on who can legally qualify for Métis rights. It outlined 10 specific criteria, known as the Powley Test, which applies to Métis communities across Canada. The case also clarified that the Métis are a distinct people, separate from First Nations and Inuit peoples in Canada. Some legal experts believe the Powley case might lead to expanded Métis rights, including harvesting and fishing rights and possibly self-government.

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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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Treaty 4

Treaty 4 — also known as the Qu'Appelle Treaty — was signed on 15 September 1874 at Fort Qu’Appelle, Saskatchewan. The Indigenous signatories include the Cree, Saulteaux bands of the Ojibwa peoples and the Assiniboine. In exchange for payments, provisions and rights to reserve lands, Treaty 4 ceded Indigenous territory to the federal government. The majority of Treaty 4 lands are in present-day southern Saskatchewan. Small portions are in western Manitoba and southern Alberta.

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Daniels Case

On 14 April 2016, the Supreme Court of Canada ruled in Daniels v. Canada that the federal government, rather than provincial governments, holds the legal responsibility to legislate on issues related to Métis and Non-Status Indians. In a unanimous decision, the court found that Métis and Non-Status peoples are considered Indians under section 91(24) of the Constitution Act, 1867 — a section that concerns the federal government’s exclusive legislative powers. Recognition as Indians under this section of law is not the same as Indian Status, which is defined by the Indian Act. Therefore, the Daniels decision does not grant Indian Status to Métis or Non-Status peoples. However, the ruling could result in new discussions, negotiations and possible litigation with the federal government over land claims and access to education, health programs and other government services.

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Indigenous Land Claims in Canada

Land claims seek to address wrongs made against Indigenous peoples, their rights and lands, by the federal and provincial or territorial governments. There are different types of land claims. Comprehensive claims (also known as modern treaties) deal with Indigenous rights, while specific claims concern the government’s outstanding obligations under historic treaties or the Indian Act. There are many ongoing comprehensive and specific claims negotiations in Canada.

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Treaties with Indigenous Peoples in Canada

Indigenous treaties in Canada are constitutionally recognized agreements between the Crown and Indigenous peoples. Most of these agreements describe exchanges where Indigenous nations agree to share some of their interests in their ancestral lands in return for various payments and promises. On a deeper level, treaties are sometimes understood, particularly by Indigenous people, as sacred covenants between nations that establish a relationship between those for whom Canada is an ancient homeland and those whose family roots lie in other countries. Treaties therefore form the constitutional and moral basis of alliance between Indigenous peoples and Canada.

(This is the full-length entry about Treaties with Indigenous Peoples In Canada. For a plain language summary, please see Treaties with Indigenous Peoples in Canada (Plain Language Summary).

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Sovereignty

Sovereignty is an abstract legal concept. It also has political, social and economic implications. In strictly legal terms, sovereignty describes the power of a state to govern itself and its subjects. In this sense, sovereignty is the highest source of the law. With Confederation and the passage of the British North America Act, 1867, Canada’s Parliament was still legally under the authority of the British Parliament. By 1949, Canada had become fully sovereign in relation to Great Britain. This was due to landmark legislation such as the Statute of Westminster (1931). The Constitution Act, 1982 swept away Britain’s leftover authority. Questions of sovereignty have also been raised by Indigenous peoples in Canada and by separatists in Quebec. The latter, for a time, championed the concept of sovereignty-association.

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Indigenous Suffrage

From the colonial era to the present, the Canadian electoral system has evolved in ways that have affected Indigenous suffrage (the right to vote in public elections). Voting is a hallmark of Canadian citizenship, but not all Indigenous groups (particularly status Indians) have been given this historic right due to political, socio-economic and ethnic restrictions. Today, Canada’s Indigenous peoples — defined in Section 35 (2) of the Constitution Act, 1982 as Indians (First Nations), Métis and Inuit — can vote in federal, provincial, territorial and local elections.

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Indian Act

The Indian Act is the primary law the federal government uses to administer Indian status, local First Nations governments and the management of reserve land. It also outlines governmental obligations to First Nations peoples. The Indian Act pertains to people with Indian Status; it does not directly reference non-status First Nations people, the Métis or Inuit. First introduced in 1876, the Act subsumed a number of colonial laws that aimed to eliminate First Nations culture in favour of assimilation into Euro-Canadian society. The Act has been amended several times, most significantly in 1951 and 1985, with changes mainly focusing on the removal of discriminatory sections. It is an evolving, paradoxical document that has enabled trauma, human rights violations and social and cultural disruption for generations of Indigenous peoples.

This is the full-length entry about the Indian Act. For a plain language summary, please seeIndian Act (Plain Language Summary).

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Treaty 6

​Treaty 6 was signed by Crown representatives and Cree, Assiniboine and Ojibwa leaders on 23 August 1876 at Fort Carlton, Saskatchewan, and on 9 September 1876 at Fort Pitt, Saskatchewan. The treaty boundaries extend across central portions of present-day Alberta and Saskatchewan.

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Treaties 1 and 2

Treaties 1 and 2 were the first of 11 Numbered Treaties negotiated between 1871 and 1921. Treaty 1 was signed 3 August 1871 between Canada and the Anishinabek and Swampy Cree of southern Manitoba. Treaty 2 was signed 21 August 1871 between Canada and the Anishinabe of southern Manitoba (see Aboriginal Peoples: Eastern Woodlands). From the perspective of Canadian officials, treaty making was a means to facilitate settlement of the West and the assimilation of Aboriginal peoples into Euro-Canadian society (see Aboriginal Treaties). Aboriginal peoples sought to protect their traditional lands and livelihoods while securing assistance in transitioning to a new way of life. Treaties 1 and 2 encapsulate these divergent aims, leaving a legacy of unresolved issues due to the different understandings of their Aboriginal and Euro-Canadian participants.