Search for "Indigenous Peoples in Canada"

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Great Peace of Montreal, 1701

On 4 August 1701, the French concluded a peace agreement with the Five Nations Haudenosaunee (Iroquois). This brought to an end almost a century of hostilities marked by atrocities on both sides. The Haudenosaunee were permitted to trade freely and to obtain goods from the French at a reduced cost. In exchange, they pledged to allow French settlement at Detroit and to remain neutral in the event of a war between England and France. The accord assured New France superiority in dealing with issues related to the region’s First Nations. It also gave the French the freedom to expand militarily over the next half century.

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Oka Crisis

The Oka Crisis, also known as the Kanesatake Resistance or the Mohawk Resistance at Kanesatake, was a 78-day standoff (11 July–26 September 1990) between Mohawk protesters, Quebec police, the RCMP and the Canadian Army. It took place in the community of Kanesatake, near the Town of Oka, on the north shore of Montreal. Related protests and violence occurred in the Kahnawake reserve, to the south of Montreal. The crisis was sparked by the proposed expansion of a golf course and the development of townhouses on disputed land in Kanesatake that included a Mohawk burial ground. Tensions were high, particularly after the death of Corporal Marcel Lemay, a Sûreté du Québec police officer. Eventually, the army was called in and the protest ended. The golf course expansion was cancelled and the land was purchased by the federal government. However, it did not establish the land as a reserve, and there has since been no organized transfer of the land to the Mohawks of Kanesatake.

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History of Settlement in the Canadian Prairies

The Canadian Prairies were peopled in six great waves of migration, spanning from prehistory to the present. The migration from Asia, about 13,300 years ago, produced an Indigenous population of 20,000 to 50,000 by about 1640. Between 1640 and 1840, several thousand European and Canadian fur traders arrived, followed by several hundred British immigrants. They created dozens of small outposts and a settlement in the Red River Colony, where the Métis became the largest part of the population. The third wave, from the 1840s to the 1890s, consisted mainly but not solely of Canadians of British heritage. The fourth and by far the largest wave was drawn from many nations, mostly European. It occurred from 1897 to 1929, with a pause (1914–22) during and after the First World War. The fifth wave, drawn from other Canadian provinces and from Europe and elsewhere, commenced in the late 1940s. It lasted through the 1960s. The sixth wave, beginning in the 1970s, drew especially upon peoples of the southern hemisphere. It has continued, with fluctuations, to the present. Throughout the last century, the region has also steadily lost residents, as a result of migration to other parts of Canada, to the United States, and elsewhere.

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Canadian Identity

The question of what it means to be a Canadian has been a difficult and much debated one. Some people see the question itself as central to that identity. Canadians have never reached a consensus on a single, unified conception of the country. Most notions of Canadian identity have shifted between the ideas of unity and plurality. They have emphasized either a vision of “one” Canada or a nation of “many” Canadas. A more recent view of Canadian identity sees it as marked by a combination of both unity and plurality. The pluralist approach sees compromise as the best response to the tensions — national, regional, ethnic, religious and political — that make up Canada.

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Manifest Destiny

The term Manifest Destiny was first used in 1845 by New York City journalist John Louis O’Sullivan. He used the term in the context of America’s annexation of the Republic of Texas. Manifest Destiny represented the idea that it was America’s right — its destiny, in fact — to expand across all of North America. Politicians and citizens in the United States called for the US to expand by claiming control of British territory. This included the Province of Canada (formerly Upper Canada and Lower Canada), New Brunswick and Nova Scotia.

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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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Highway of Tears

The Highway of Tears refers to a 724 km length of Yellowhead Highway 16 in British Columbia where many women (mostly Indigenous) have disappeared or been found murdered. The Highway of Tears is part of a larger, national crisis of missing and murdered Indigenous women and girls. In 2015, the federal government launched a national inquiry into these cases.

This article contains sensitive material that may not be suitable for all audiences.

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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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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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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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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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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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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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Indigenous Land Claims

In 1973, federal policy divided Indigenous legal claims into two broad categories: ​comprehensive (known as modern treaties); and ​specific, which make claims based on pre-existing treaties or agreements.

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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.