What laws recognize the collective rights of First Nations peoples?

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To what extent has Canada affirmed collective rights?
 Historically, when collectives such as First Nations and
Europeans met and came together, each brought their own
points of view, perspectives, and values. This has, at times,
caused both conflict and greater understandings as the
different collectives expressed themselves.
 As the Crown, or Canada, negotiated treaties with the
different First Nations, both groups would come to define
their relationship with each other and their respective
collective rights. This continues today as modern-day
treaties are being negotiated in parts of Canada where
these relationships were not formally agreed upon.
Let’s look at two diagrams…
The two illustrations show the relationship between humans and
the environment. Both illustrations have similar images within
them. However, where humans are placed in the chart is very
different and represents two very different beliefs on humanity’s
place on Earth.
 Aboriginal groups traditionally believe that humans
are but one part of the whole. This is best represented
by the web diagram.
 The early French and English explorers and settlers to
North America would likely have seen the world as
having humans on top. Humans are more intelligent
and stronger than everything, as identified in the
pyramid. As colonizers of a new world, Europeans also
held a similar view of themselves compared to First
Nations and Inuit.
 Today, Aboriginal peoples include the First Nations,
Métis, and Inuit. The collective rights for specific
Aboriginal peoples were first documented in early
treaties with the English and French.
 After 1867, Canada negotiated treaties with Aboriginal
peoples. The British North America Act of 1867
assigned to Parliament legislative jurisdiction over
“Indians and Lands reserved for the Indians.” These
historical laws and negotiated treaties impacted the
collective identity of the Aboriginal peoples.
Be aware…
 First Nations: the umbrella name for the diverse Aboriginal
peoples who have collective rights that are recognized and
protected in Canada’s constitution.
 The constitution refers to First Nations as Indians, in keeping with
the name used at the time when the treaties were originally
negotiated.
 Indian: the word that Europeans used to describe the First
Nations of North America.
 In fact, these peoples were diverse and had names for themselves.
Many First Nations prefer not to use the word Indian to describe
themselves.
Let’s look at historical treaties.
Let’s look at the Numbered Treaties on pages 124-127.
Answer the following questions:
 Which treaties were established before Confederation,
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
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and which treaties were established after Confederation?
In what areas of Canada were different treaties
established?
Identify what was agreed upon under the Treaties.
Identify the reasons for the Numbered Treaties.
Explain the connection between perspectives and
interpretation of the treaties.
 These Numbered Treaties, also called the Land
Cession or Post-Confederation Treaties, were signed
between 1871 and 1921.
 The treaties granted the federal government large
tracts of land throughout the Prairies, Canadian
North, and northwestern Ontario for white settlement
and industrial use. In exchange for the land, Canada
promised to give the Aboriginal peoples various items
including cash, blankets, tools, and farming supplies.
Treaty videos
Let’s look at The Office of the Treaty Commission to view four videos.
 We are All Part of Treaty, examines what Numbered Treaties are and how early
negotiations were made between First Nations and the Queen.
 Treaties and Law: Introduction examines the importance of Treaties in
Canada’s constitution.
 Treaties and Law: Treaty Relationship helps to understand treaty
negotiations—the formal legal relationship between First Nations and early
European newcomers.
 Treaties and Law: Making Treaties is an introduction to treaty relations
between First Nations and Britain and the outcome that the two sides hoped to
achieve.
A Timeline of Two Views
 Turn to page 128.
 Using the chart, A Timeline of Two Views, write jot
notes summarizing and comparing the two views on
the Numbered Treaties along the timeline.
 Complete your chart using pages 129-135.
 Historical government decisions had an impact on the
collective identity of the Aboriginal peoples.
 Aboriginal peoples are recognized in Canada for the
value and diversity of their distinct identities, cultures,
and social organizations.
 Lessons have been learned and, today, the collective
rights of the Aboriginals are guaranteed by the
Canadian constitution, yet there are still continued
struggles. Let’s look at an article.
Let’s think…
Everyone is
entitled to
these rights…
 Imagine you lived in a world where it was believed that
one culture was better than, or superior to, any other.
This is the definition of ethnocentrism.
 ethnocentrism: the belief, point of view, or
perspective that one’s culture is superior to all other
cultures.
 Based on this ethnocentric philosophy, everyone who
lives in this world who is not a member of this
supposedly superior group would be expected to lose
their cultural identity and become part of one
ethnocentric culture. To do so would fit the definition
of assimilate.
 assimilate: to become part of a different cultural
group and lose one’s own cultural identity
What rights would
you lose if you
were to live in this
ethnocentric
culture? Look at
the diagram again,
and identify the
rights that you
would lose.
The Indian Act
 The collective rights of Aboriginal peoples are outlined
in the Numbered Treaties and in the Indian Act.
 These collective rights include self-government;
hunting, fishing, and gathering regulations; collective
land rights; and the right to preservation of traditional
languages, cultures, and traditions.
Going Further
 Aboriginal peoples have lived here for more than
10 000 years, long before Europeans and other
immigrants arrived.
 Let’s look at Continuing Negotiations: First Nations
and the State to look at another perspective of the
history of the First Nations and their relationship with
the Europeans.
The Indian Act
 In 1876, the Indian Act was passed by the Canadian
government. It has been changed many times since it
was initially introduced to the House of Commons. It
is an act that has affected both the collective identity
and the collective rights of the First Nations. Even
though this act was meant to serve as a temporary law,
it still affects the lives of Aboriginal peoples today.
 Let’s look at the Treaties and the Law: The Indian Act
to find out about this law.
The Indian Act
 Turn to page 137 and summarize what the textbook
states about The Indian Act.
 Based this page and the video you watched, answer
question #1 at the bottom of the page.
Changing the Indian Act
 What was The White Paper?
 Read page 138 and answer the question about the news
article.
 Based on your knowledge, complete the SPOT and
RESPOND question on the page.
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