1. How has collective rights impacted the legislative process in Canada?
Chapter Four

2. 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

3. Calvin and Hobbes teach all…

4. 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

5. 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

6. Collective Rights Groups in Canada
Aboriginal Peoples
First Nations
Inuit
Métis
Anglophones
Francophones
Represents the founding people of Canada
Do you know what these symbols are?

7. Aboriginal Rights
A look at the legislation which established Aboriginal collective rights.

8. 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

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10. 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…

11. Disagreements?
Working in partners, look from page and compare the First Nation’s perspective with the Canadian Government’s perspective on the treaties.

12. 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?

13. 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

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15. 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

16. 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.

17. 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

18. 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…

19. Other Legislation
Here are more First Nations legislation which has occurred in Canada

20. What does this show you about residential schools?

21. 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

22. Canadian Residential School Propaganda Video 1955

23. 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

24. 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

25. 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

26. 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

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

28. 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

29. 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

30. 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

32. 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

34. 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

35. 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

36. 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)

37. 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

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

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

41. 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

42. 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

43. 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

44. 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?

45. 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

46. Nous avons fini!
Maintenant un examen!