How has collective rights impacted the legislative process in Canada? Chapter Four http://www.uottawa.ca/articles/identity-and-the-law-a-creative-approach-to-human-rights

What you will know: The ways the CCRF has fostered recognition of collective rights The ways the CCRF meets the needs of Francophones in a minority setting The ways the CCRF meets the needs of Francophones in Québec How much the federal and provincial governments support and promote the rights of official language minorities in Canada How the Indian Act recognizes the status and identity of Aboriginal peoples How legislation like Treaty 6, 7, 8 recognizes the status and identity of Aboriginal peoples How the governments recognize Métis cultures and rights through legislation

Calvin and Hobbes teach all… http://www.cooperativeindividualism.org/political-economy-of-calvin-and-hobbes-5.html

Important Definitions Collective Rights – rights guaranteed to a specific group in Canadian society for historical and constitutional reasons. Aboriginal peoples (First Nations, Inuit, and Métis) Francophones and Anglophones Collective Identity – the shared identity of a group of people, especially because of common language/culture Ethnocentrism – the belief that your own cultural group is superior to others

Difference in Rights great question…. Every citizen has rights in Canada, not everyone has collective rights You only get collective rights if you belong to one of the groups (Aboriginal, Francophone, Anglophone) People’s collective rights are protected under the constitution just like CCRF

Collective Rights Groups in Canada Aboriginal Peoples First Nations Inuit Métis Anglophones Francophones Represents the founding people of Canada http://beatdiaspora.blogspot.com/2008_10_01_archive.html http://www.canadiandesignresource.ca/officialgallery/symbols/metis-nation-flags/ Do you know what these symbols are?

Aboriginal Rights A look at the legislation which established Aboriginal collective rights. http://www.fanpop.com/spots/inuit/images/18046133/title/symbol-photo

The Numbered Treaties There are 11 Treaties in total Treaty talks began after the Royal Proclamation of 1763 Treaties affect the rights/identities of the First Nations people First Nations would get things like education, reserves, annuities, hunting/fishing rights and farming assistance in exchange for land/resources The Numbered Treaties are sacred. They cannot be changed without the First Nations consent

http://apihtawikosisan. wordpress http://apihtawikosisan.wordpress.com/2011/07/05/the-more-things-change-the-more-they-stay-the-same/

Why sign the Treaties you may ask? Avoid war In the USA there was a fight for land, Canada could do the same Many First Nation casualties Canada wanted to link BC, they would take drastic measures First Nations wanted to secure their future Smallpox and tuberculosis Buffalo gone Fur trade done European settlements Things weren’t going well…

Disagreements? Working in partners, look from page 129-135 and compare the First Nation’s perspective with the Canadian Government’s perspective on the treaties. http://embracingbevin.blogspot.com/2010/10/we-are-twice-armed-if-we-fight-with.html

Perspectives on the Treaties First Nations feel that land is not something people can own/give up and that land is part of their culture This is why there can be issues First Nations recorded Treaties in their oral histories (not written down) Government recorded Treaties in English The oral/written records disagree on aspects: Why do you think this would be?

1876 The Indian Act Made rules about First Nation’s lives without consulting them Refers to the rights/status of First Nations peoples Parliament thought the First Nations needed guidance Ethnocentric View – felt that Canadian (European) culture was better than First Nation’s culture

http://ma-nouvelle-vie-en-france. blogspot http://ma-nouvelle-vie-en-france.blogspot.com/2011/02/french-are-ethnocentric.html

The Indian Act Continued Confirmed collective rights of the First Nations This Act made policies for the laws (Treaties) that were created Indian Agents were created They would then interpret the Treaty rights The Act has who is considered “status Indians” These are the First Nations who receive Treaty rights Status Indians do not have to pay taxes, but most First Nations do if they are not part of a reserve

Indian Act Continued… Again Originally tried to assimilate the First Nations Told them how to run their government Restricted traveling, political, cultural aspects Had to give up Treaty rights if they wanted to vote Residential schools The Act clearly has been revised many times. It is still in place today.

Revising the Indian Act Have taken out the majority of the racist, ethnocentric elements It needs to be updated now but there are issues with this First Nations feel they are not adequately consulted for the revisions Until this happens, the Indian Act will not be updated

Indian Act: Federal legislation related to the rights and status of the First Nations peoples, first passed in 1876 and amended several times. What does this say about our constitution? No… this would NEVER be a question on your exam… http://www.mediaindigena.com/rickharp/issues-and-politics/poll-should-the-indian-act-be-gone-by-2015

Other Legislation Here are more First Nations legislation which has occurred in Canada http://www.canadaflagmart.com/servlet/the-10/First-Nations-Canada-Flag/Detail

What does this show you about residential schools? http://www.abbacanada.org/pastletter.html

1879 Residential Schools Meant to “educate” First Nations and assimilate them at the same time Removed children from their families Took away their language, culture and identities The government is now compensating former students from the trauma they suffered

Canadian Residential School Propaganda Video 1955 http://www.youtube.com/watch?v=s_V4d7sXoqU http://www.danielnpaul.com/IndianResidentialSchools.html

1939 Indian Association of Alberta Made to: Maintain Treaty rights Increase social/economic welfare to its peoples Obtain better education/opportunities Cooperate with federal, provincial, local governments for their benefit

1970 The government wanted to get rid of the Treaties Said that it was discriminatory legislation First Nations did not support this Lots of protest Treaties are considered legal obligations Can’t just get rid of them http://bcinto.blogspot.com/2009_01_01_archive.html

Entrenchment 1980 First Nations wanted their rights entrenched (fixed firmly) in the constitution Their rights were put into the constitution in 1980 before it was patriated Section 35, Canada’s constitution recognizes First Nations, Métis and Inuit peoples as Aboriginal peoples, and recognizes their existing Treaty and Aboriginal rights The constitution was patriated in 1982 To bring to a country something that belongs to the country

Action Now First Nations look to be recognized as a diverse peoples Still have modern treaties (establish new land claims mostly) Make sure that the Treaties are being followed Both the government and First Nations agree that things need to be changed/updated, but they must work together to get that accomplished

Métis Collective Rights A look at the legislation which gives the Métis collective rights!

Métis Rights Don’t have any historic treaties with Canada’s government Considered part of the Aboriginal peoples of Canada Have inherent rights because they are First Peoples

The Red River Rebellion Led to the establishment of the Manitoba Act Established Manitoba as a bilingual province Catholics and Protestants were given education rights Métis were given land rights (scrip) Gave the Métis land rights along the Red River Showed that the government needed to negotiate with them to get things done The government had to take them seriously

Scrip A document that could be exchanged for land for land Had to choose between scrip or becoming a Treaty Indian Government felt that they did not have the same rights as First Nations

http://www.collectionscanada.gc.ca/treaty8/020006-3050-e.html

1885 Northwest Resistance Métis wanted to protect land rights in Saskatchewan Riel and the Métis led a resistance against the government Lots of fighting, Riel ended up being hung Again showed that the government needed to take the Métis seriously

http://culturepopped.blogspot.com/2009_04_01_archive.html

L’Association des Métis de l’Alberta et des Territoires du Nord-Ouest Established in 1938 Lobbied the government for land Was the first time Métis had land set aside for them Enabled the government to pass the Métis Betterment Act Made for 12 temporary Métis settlements Métis did not have control of the land If land was found to be unsuitable for farming/fishing, it could be given back to the government

1982 The Métis lobbied to get recognition in the constitution Just like the First Nations and Inuit, they were put into Section 35 as one of Canada’s Aboriginal peoples with rights

1990 Alberta Government gave the Métis a permanent land base and could handle their own business Could develop oil/gas on settled lands Gave them autonomy (authority to make decisions)

2003-4 Supreme Court approved the Métis right to hunt and fish since they are under the constitution as one of Canada’s Aboriginal peoples Métis have the same relationship to the land as First Nations people In 2007, they took these rights away and made it so that Métis had to get licenses to hunt/fish. Some people agree that Métis deserve these rights while others think that everyone deserves those rights. They did not consult the Métis before making this decision

Collective Rights of Official Language Groups Got this off of a test somewhere….

Official Languages Section 16-20 of the Charter English and French are the official languages Makes New Brunswick the only official bilingual province

1890 Manitoba Schools Act Manitoba was a bilingual province With this act, public funding was cut for Catholic Schools The Catholics spoke French The Protestants spoke English Act made Manitoba and English speaking province only

Official Language Minorities A group of people who speak one of Canada’s official languages (English, French) but do not live in an area where the majority of the population speaks their language Section 23 – Schools need to exist so that one can practice their language if they are in a minority language setting Francophone/Anglophone schools Must be publicly funded

Charte de la Langue Française Law established in Québec in 1977 Made French people a distinct people who should be able to express their identity French became the language of government, work, education and business

Example In 2001, Rhéal Mathieu, a member of Front de Libération du Québec (FLQ), was convicted of firebombing three Second Cup locations in Montréal. Mathieu targeted them because of the company’s use of its incorporated English name “Second Cup.” After the media coverage of the firebombings, many Second Cup locations in Québec changed their signs to “Les Cafés Second Cup.” Why do you think this happened?

Rules which affect Québec Signs in Québec must be in French Can have English on, but the French should be more prominent Francophone parents cannot educate their kids in an Anglophone school Immigrant parents can if their child has had some education in English, otherwise they must go to a French school

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