By Pamela D. Palmater, LL.M. ABORIGINAL POLITICS By Pamela D. Palmater, LL.M.

Aboriginal Peoples of Canada

Aboriginal Nations Mi’kmaq Maliseet Passamaquoddy Innu Inuit Labrador Metis 60 - 80 Traditional Nations in Canada Beothuk are extinct

The Indian Act, 1985 First enacted in 1876 defined “Indians” registration began in 1951 (status) discriminated against women amended in 1985

The Status Indians s.4 - Inuit excluded Metis never included s.2 defines “Indian” as person entitled to be registered s.6(1) Indians can pass on “status” to children s.6(2) Indians can not

The Non-Status Indians Children of 6(2) Indian parent and non Children of two non-status Indian parents the changes to Indian Act in 1985 excluded the children they are NOT Metis

The Metis Metis began as mixing of Aboriginal and European cultures became more than “mixed blood”, own history, language, culture, traditions recognized and protected as a people

The Inuit Never registered under the Indian Act Issued Eskimo Identification Discs Made of clay, worn around neck, numbers The name “Eskimo” was offensive as were the I.D. numbers

Aboriginal Nations Divided INSTEAD OF: Mi’kmaq Cree Mohawk Maliseet Passamaquoddy Innu Inuit NOW HAVE: AFN MNC CAP ITK NWAC NAFC plus provincial affiliates and bands

Assembly of First Nations National organisation used to be NIB voice of the First Nation Chiefs each region elects a regional chief represent only status Indians PTO affiliates

Native Womens Assc. of Canada National organisation provincial affiliates Represents First Nations and Metis women on and off reserve highlight issues affecting Aboriginal women like violence and discrimination

Congress of Aboriginal Peoples National organisation provincial affiliates formerly NCC represent status, non-status, Metis living off-reserve, in urban, rural and remote areas goal - address lack of recognition and challenge exclusion

Inuit Tapiriit Kanatami Northern organisation formerly ITC name means:”Inuit Are United in Canada” represent the Inuit in northern Canadian Arctic represent 4 northern regions

Metis National Council National organisation provincial affiliates represent “historic Metis Nation” members only members formerly part of the NCC split came after s. 35 entrenched in Constitution Act, 1982

Nat. Assc. of Friendship Centres National organisation provincial and municipal affiliates over 99 centres non-political goal - improve quality of life for urban Aboriginal people emphasize cultural distinctiveness

First Nations/bands “First Nation” can represent larger Aboriginal Nation can also represent “band” - 634 bands defined in Indian Act as group of Indians who have a reserve, or who have been declared a band (ex. landless bands)

Reserves “reserve” defined in the Indian Act as land that is set aside for use of a band over 600 reserves considered federal land and provincial laws do not always apply on reserve FNs can enact their own by-laws

Constitution Act, 1982, s.35 S.35(1) - recognizes and affirms existing treaty and Aboriginal rights of Ab. Peoples s.35(2) - Ab. Peoples = Indian, Inuit, Metis s.35(3) - treaty rights includes land claims agreements that exist or may be in future s.35(4) - Aboriginal and treaty are guaranteed equally to male and female persons

Hot Political Topics Treaty Rights Aboriginal Rights Self-government INAC Programs Registration and Membership Jurisdiction Kelowna Accord

Treaty Rights Exercise hunting and fishing food, social, ceremonial rights commercial rights conservation & co-management beneficiaries, priority numbered, peace & friendship Negotiation new treaties - comprehensive land claims, natural resources, governance existing treaties - modernize and define Marshall Process Negotiations, exploratory talks

Aboriginal Rights Hunting, Fishing exercise for food, social, ceremonial commercial conservation & co-management also self-government beneficiaries issue Aboriginal title traditional territory larger tracts of land compared to reserves can hunt, fish, live and utilise Ab title lands negotiate or litigate to prove title

Self-Government Inherent Right to Self-Gov recognized by Fed. Gov. (s.35(1)) as Aboriginal Right Consistent with Statement of Reconciliation to Aboriginal Peoples Ab. Peoples were always self-governing Self-Gov Negotiations Inherent Right Policy Current Negotiations Completed Agreements Ex. Sechelt, Nisga’a, Council of Yukon Indians lands, resources, laws, citizens

INAC Programs & Services Housing - family housing, loans Education - elementary, secondary, post-sec Infrastructure - band offices, schools Economic Development - band & indiv Social services - social assistance Maintenance - roads, sidewalks difficult issues arise around funding

Registration as an “Indian” One of the most controversial and political topics Status has nothing to do with blood, culture, language, tradition, or connection to community Divides communities, families and friends

Band Membership Determined in part by band and in part by Indian Act can be very divisive can be a 6(1), or 6(2) status band member, or non-status band member, all have different rights

Jurisdiction & Aboriginal People S. 91(24) Constitution Act, 1867 gives jurisdiction for “Indians and lands reserved for the Indians” to the federal government the province has jurisdiction for the rest of its residents, its lands and things like education, natural resources, health the federal gov’mt claims only status Indians fall under section 91(24) the province claims all Ab. People do

Kelowna Accord Future? History: Bill C-292 An Act to Implement the Kelowna Accord Former PM Martin’s Private Member’s Bill Only 1/100 Pass So far, passed 2nd reading All parties support, except conservatives History: Aboriginal Roundtable Meetings Feds, provs, terrs, reps of Nat. Ab. Orgs. How to effect transformative change close the gap in quality of life b/w Ab. peoples and non-Ab. peoples

The End!