Aboriginal Peoples:
Rethinking the Relationship
Presented By:
Peter, Sarosh, & Matt
Introduction
Main Argument:
Although the conditions of Aboriginal
peoples are improving and their history
and voices are being given greater attention
by the government and media, much still
needs to be done to right historical wrongs.
Aboriginal Status
&
Lifestyle
Aboriginal Status
 There are 4 distinct governmentdefined Aboriginal statuses in
Canada:
1)Status Indian:
2)Non-Status Indian:
3)Metis:
4)Inuit:
Aboriginal Lifestyle
Aboriginals in Canada, whether they live
on or off reserves, tend to face many
problems.
Living on the reserve
Living off the reserve
Treaties, Rulings, &
Agreements
Treaty for Accommodation
There was only one treaty made in the
spirit of accommodation:
The Royal Proclamation of 1763:
It sought to establish the principle of
Crown sovereignty over unexplored land.
It acknowledged that Aboriginal interest in
land was pre-existing sovereign right rather
than a right granted by the Crown.
Based on principles of partnership, mutual
recognition and non-interference.
Policies for Assimilation
 There were a number of policies made under the principle of
assimilation:
 British North America Act, 1867:
Permitted British rule through occupation, settlements, and the
threat of force and made Natives a state responsibility.
 Gradual Enfranchisement Act, 1869:
It sought to eliminate “Indian” status though enfranchisement
and exposure to the “…White race in the ordinary avocations of
life.”
 Indian Act, 1876:
Goal was to protect and civilize the Aboriginal population, but,
rather than empowering them, it controlled them.
Initiatives for Integration
There was one policy made on the principle of
integration:
 The White Paper, 1969:
Proposed by then Indian Affairs Minister Jean Chretien, this
highly criticized proposal set to eliminate the status of
Aboriginal peoples as a legal entity.
Transfer federal responsibility of Natives to the provincial
governments.
Abolition of Aboriginal treaty privileges and special status to
“normalize” Aboriginal entry into Canadian society.
Never put into practice because it was met with a great deal
of disdain from the Native community.
Policies for Devolution
There were 3 new policies introduced with the principle of
devolution after The White Paper:
 The Calder Decision, 1973:
It made moves to transform federal policy agenda to enhance nationto-nation relationship and created initiatives to expand Aboriginal
jurisdiction over local matters.
 The Constitution Act, 1982:
Canada was the first country to entrench Aboriginal and treaty rights
into the constitution.
 First Nations Land Management Act, 1999:
Allows for band councils to establish their own land-use policies,
awards limited property right to band members, and settles
matrimonial disputes over land ownership in divorce cases.
 Sechelt Ruling, 1986:
First Aboriginal community to gain self-government.
Initiatives for Autonomy
There have been 5 significant policy initiatives based on the
principle of conditional autonomy since the 1990s:
 Royal Commission of Aboriginal Peoples, 1996:
Stated that Native peoples sovereignty should be restored.
 Delgamuukw Ruling, 1997:
B.C. Court ruled that Aboriginals have a constitutional and exclusive
right of use and ownership to land they can prove was occupied by
them prior to European arrival.
 Marshall Ruling, 1999:
Ruling that acknowledged the fact that Aboriginals face a great deal of
discrimination throughout Canada’s legal system.
 Nisaga’a Final Agreement, 2000:
The first treaty settlement in B.C. since 1859 and is the first of 50
outstanding land claims that encompass the entire province.
Restructuring the
Relationship
Living Together Separately
Not fixing the aboriginal problem but fixing
the relationship.
Aboriginal peoples define themselves as
different and distinct.
Categorically reject the view of themselves as
Canadian citizens who live on reserves.
Living Together But Separately
Aboriginality is like ethnicity.
It (aboriginality) refers to the process of
shared awareness of ancestral differences
as a basis for entitle or engagement.
Three Recurrent Themes for
Aboriginal Renewal
Taking aboriginal rights seriously.
Promoting self-determination through
self government.
Acknowledging aboriginal title and treaty
rights.
Inherent Rights
Aboriginal peoples claim to be a de facto
sovereign political community
(“peoples”) whose collective right to selfgovernment (“nationhood”) are
guaranteed by virtue of aboriginality
(ancestral occupation) rather than
because of need, disadvantage, or
occupation.
“Sui Generis” Rights
Aboriginal rights are different  “SUI GENERIS”
Rights that are based in sources of law that reflect
the unique status of original occupancy.
Collective and inherent rights (i.e., “inherent” due
to ancestral occupation).
Inherent in that they are not delegated by
government decree.
Collective in that aboriginal communities can
exercise jurisdiction over the individual rights of
members of these communities.
Conditional Autonomy
Model that is getting endorsed by both
government and aboriginal peoples.
Aboriginal rights, including the “inherent” right to
self governance is within the constitutional
framework of Canadian society.
A third tier of government but only if consistent
with Canadian foundation principles.
Allows negotiation on a government-togovernment basis.
Conditional Autonomy
Rejects legitimacy of existing political
relations for attainment of aboriginal goals.
Aboriginals are seeking the same powers
regarding internal affairs as those similar to
the actions of the Quebecois and the
sovereignty-association.
Self Determination through selfgovernance.
Self-Determination Through
Self-Governance
Key Elements:
Control over the process and power of
local governance;
The attainment of cultural sovereignty;
Realignment of political relations
around formal self governing
arrangements in key areas related to
power, privilege and resources.
Self-Governance:
(Core Jurisdictions)
Several “core jurisdictions” which may vary in priority
amongst the bands. Specifically:
The delivery of social services (policing, health,
education);
Resources and use of lands for economic regeneration;
The means to promote and protect distinct cultural
values and language systems;
Band membership and entitlements;
Federal expenditures according to aboriginal priorities
rather than those of the government.
Four Self-Government
Possibilities
(1) Statehood
 Absolute sovereignty
 Internal + external justice
 complete independence with no external
interference
(2) Nationhood
 De facto sovereignty - Province like status.
 Operates within framework of society but with
authority over internal matters. Interlinked with
jurisdictions having shared sovereignty.
Four Self-Government
Possibilities
(3) Municipality
“Nested” sovereignty
Community based autonomy
Control over internal affairs (internal jurisdiction)
but limited by way of interaction with other
parallel bodies and higher political authorities.
(4) Institutional
Nominal sovereignty
Decision-making power through institutional
inclusion.
Aboriginal Self-Governance
Aboriginal demands for self-government
rarely calls for political independence or
territorial autonomy.
Seeking a relationship of relative and
relational autonomy within a partnership
framework.
It is not secession
Richard Cardinal: Cry From the
Diary of a Metis Child
Cardinal killed himself at the age of 17 after
spending 13 years being shifted though a series
of 28 different foster homes and shelters, often
separated from his brothers and sisters.
His death and the diary he left behind captured
media attention and prompted reform of
Alberta’s child welfare system, allowing Native
communities to gain control over their care of
their children.
Conclusion
Aboriginal peoples are a vital and
culturally distinct group in Canadian
society which are, sadly, still fighting for
the justice that they rightly deserve but are
being denied by not only this nation’s
government, but it’s unsupportive – yet
sympathizing – citizens as well.