Search for "Indigenous Peoples in Canada"

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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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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.

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Indian Act

The Indian Act is the principal statute through which the federal government administers Indian status, local First Nations governments and the management of reserve land and communal monies. It was first introduced in 1876 as a consolidation of previous colonial ordinances that aimed to eradicate 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 particularly discriminatory sections. The Indian Act pertains only to First Nations peoples, not to the Métis or Inuit. It is an evolving, paradoxical document that has enabled trauma, human rights violations and social and cultural disruption for generations of First Nations peoples. The Act also outlines governmental obligations to First Nations peoples, and determines “status” — a legal recognition of a person’s First Nations heritage, which affords certain rights such as the right to live on reserve land.

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

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Social Conditions of Indigenous Peoples in Canada

Social conditions, including health, income, education, employment and community, contribute to the well-being of all people. Among the Indigenous population in Canada (i.e., First Nations, Métis and Inuit peoples), social conditions have been impacted by the dispossession of cultural traditions, social inequities, prejudice and discrimination. Social conditions also vary greatly according to factors such as place of residence, income level, and family and cultural factors. While progress with respect to social conditions is being achieved, gaps between the social and economic conditions of Indigenous people and non-Indigenous people in Canada persist.

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Treaty 7

Treaty 7 is the last of the Numbered Treaties made between the Government of Canada and the Plains First Nations (see Indigenous Peoples: Plains). It was signed on 22 September 1877 by five First Nations: the Siksika (Blackfoot), Kainai (Blood), Piikani (Peigan), Stoney-Nakoda, and Tsuut’ina (Sarcee). Different understandings of the treaty’s purpose, combined with significant culture and language barriers and what some have argued were deliberate attempts to mislead the First Nations on the part of the government negotiators, have led to ongoing conflicts and claims.

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Sixties Scoop

The “Sixties Scoop” refers to the large-scale removal or “scooping” of Indigenous children from their homes, communities and families of birth through the 1960s, and their subsequent adoption into predominantly non-Indigenous, middle-class families across the United States and Canada. This experience left many adoptees with a lost sense of cultural identity. The physical and emotional separation from their birth families continues to affect adult adoptees and Indigenous communities to this day.

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The White Paper, 1969

The 1969 White Paper (formally known as the “Statement of the Government of Canada on Indian Policy, 1969”) was a Canadian government policy paper that attempted to abolish previous legal documents relating to Indigenous peoples in Canada, including the Indian Act and  treaties. It also aimed to assimilate all “Indian” peoples under the Canadian state. The 1969 White Paper was proposed by Minister of Indian Affairs and Northern Development  Jean Chrétien and Prime Minister Pierre Elliott Trudeau to widespread criticism. The policy proposed to eliminate Indian Status, incorporate First Nations under provincial government responsibilities, and impose land decisions, notions of private property and economic agendas on Indigenous communities. The backlash to the 1969 White Paper was monumental, leading not only to its withdrawal in 1970, but to a wave of activism, academic work and court decisions over the next five decades. (See also Indigenous Political Organization and Activism in Canadaand Indigenous Peoples in Canadian Law.)

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Manitoba and Confederation

Canada’s fifth province, Manitoba entered Confederation with the passing of the Manitoba Acton 12 May 1870. The AssiniboineDakotaCree and Dene peoples had occupied the land for up to 15,000 years. Since 1670, it was part of Rupert’s Landand was controlled by the Hudson’s Bay Company. The Canadian government purchased Rupert’s Land at the behest of William McDougall, Manitoba’s Father of Confederation. No residents of the area were consulted about the transfer; in response, Louis Rieland the Métis led the Red River Rebellion. It resulted in an agreement to join Confederation. Ottawa agreed to help fund the new provincial government, give roughly 1.4 million acres of land to the Métis, and grant the province four seats in Parliament. However, Canada mismanaged its promise to guarantee the Métis their land rights. The resulting North-West Rebellion in 1885 led to the execution of Riel. The creation of Manitoba — which, unlike the first four provinces, did not control its natural resources — revealed Ottawa’s desire to control western development.