1. Chapter 4 Collective Rights
To what extent has Canada affirmed collective rights?

2. Terms to Know: Terms Handout
Aboriginal rights: stem from a custom, a practice or a tradition that characterizes the culture of an Aboriginal group. This right had to exist prior to the contact with the Europeans; it is most often associated with a territorial occupation since that period. Moreover, the courts have ruled that an Aboriginal nation present on a territory when the Europeans arrived—and that has continued to frequent the territory ever since—has specific rights on that territory, known as “Aboriginal rights.”
Treaty rights: are special rights to lands and entitlements that First Nations people legally have as a result of treaties signed with the Queen and Canadian government; rights protected under section 35 of the Constitution.

3. Lets Think: What is collective rights ?
What groups in Canada are recognized in the charter as having collective rights?
Why is Canada the only country in the world that has collective rights for specific groups set out in it constitution?
Why are collective rights important to all Canadians?
FAQ, pg 122

4. What Laws Recognize the Collective Rights of First Nations peoples?
We will talk about legislation that affects the collective rights of First Nations peoples
Numbered treaties and how they have been interpreted
Modern treaties
The goals of the Indian Act
The changing Indian Act

5. Numbered Treaties
Historic agreements that affect the rights and identity of some First Nation groups in Canada
They have roots in royal proclamation of Britain sought to establish control over lands they had just claimed from France
The proclamation recognized First Nations rights to the land and established the principles for making treaties through peaceful negotiation

6. Numbered treaties were agreements between the Queen and First Nations
First nations agreed to share their lands and resources
The government of Canada agreed to terms covering first nations education, reserves, annuities, and other matters

7. Why?
Why did First Nations in the west and Canada negotiate the numbered treaties?
Read pg. 126

8. Canada wanted to build a railway
Both sides wanted to avoid war.
First nations wanted to secure their future

9. Houston we have a problem….
So if both parties agreed on these treaties then there should be no problem right? wrong

10. Canada’s government recorded the treaties in writing in english
Canada’s government believes First Nations gave up their land under the treaty. First Nations disagree
First nations people at the time did not think of land as something anyone could own or give up
First nations recorded the treaties in their oral histories in their own language
Canada’s government recorded the treaties in writing in english
The oral and written records disagree on key aspects

12. The Indian Act
The Indian Act demonstrated something important about the way the Canadian Government understood treaty rights
Video

13. The Numbered Treaties confirmed the Canadian Governments duty to protect rights of First nations. Under the act, the federal government is able to develop specific policies and programs to administer treaty rights
The act created officials for each reserve, “Indian Agents”, who had the power to decide how the government would full fill its duties
This meant that there were many interpretations of what treaty rights meant on a case by case basis
Why would this be a problem?

14. The Indian Act dates back to 1876, at that time the Canadian Government thought it was appropriate to make laws for first Nations without consulting them
Ethnocentrism-the belief that your culture and way of doing things is better then others
The Act Defines who may be registered as a “status Indian” with treaty rights. This meant that the government, not the First Nations themselves made all the decisions
The Indian act was, and still is a way for the government to administer treaty rights

15. The act originally aimed to assimilate First nations peoples
It defined how first nations had to govern themselves
At points in history it restricted the way they could dress, travel, and protest
Until 1960, in order for a First Nations person to be able to vote they had to give up their treaty rights

16. The act has been revised several times and remains in force today
Based on what you now know, how do you feel about the Indian Act?
What does the Indian Act violate? (hint we talked about it last chapter)

17. Read the Article on page 138
What should be done about the Indian Act today?
What do First nations think should be done?
What does the Gov think needs to happen?
Complete the “two views” worksheet

18. What Collective Rights do Official Language Groups have Under the Charter?
We will be exploring…..
What are the collective rights of Francophone's and Anglophones in the charter of rights and freedoms?
How do their collective rights affect their quality of life?
What are the background in regards to the history of the rights of Canada’s official language communities.

19. You have moved to a foreign country and, upon your arrival, you realise that you are the only person of your ethnic, cultural, religious and language group to be seen. The country is not racist or discriminatory; you are accepted as part of the community. What will this feel like? How might this affect your daily activities? How will this impact your quality of life?

20. What are Official Language Minorities?
Explore the map on pg. 142
Lets discuss the question on the bottom of the page
Read pg 143 and 144
What do these two students have in common?
How do their collective rights affect their quality of life?
How do Rachel and Devin represent the concerns of a minority language speaker?

21. What are the Charter Rights of Official Language groups?
Official Bilingualism
Section 16 to 20 of the charter establishes French and English as the official languages of Canada
Both languages have the right to conduct affairs with the federal government in either official language
New Brunswick is an officially bilingual province

22. Minority Speaking Education Rights
Section 23 of the charter states that any minority speaking population of sufficient size has the right to publicly funded schools that serve their language community
Ex. Beaumont, Alberta

23. The History of Francophone's in Canada
1608- Samuel de Champlain founds Quebec City and establishes New France
1774-Britain passes the Quebec act, recognizing the rights of Francophone's
1867-Confederation establishes Canada as a bilingual nation
1969- Official languages act reasserts the equality of French and English in Canada
1982-Charter of rights and freedoms confirms official bilingualism

24. How has the Charter affected Francophone Education?
Rights for francophone's and Anglophones are what made confederation possible
Under the BNA act in 1867, confederation established Canada as a bilingual nation
It guaranteed public money for minority schools everywhere in Canada
Protestant/English School in Quebec
Catholic/French school in the rest of Canada

25. Pg 147 The Manitoba School Act
Haultain Resolution and North-West Territories Ordinance Number 22
In what way did these acts call the founding principles of confederation into Question?

26. Language Minority Education Today
When Trudeau established the Canadian Constitution in 1982, he used it as an opportunity to restore the education rights of minorities
The results can be seen in the chart on pg 148
How has section 23 (huh, what's this?) impacted minority education across Canada?
How does the chart on p. 148 convey the impact of section 23 of the Charter?

27. Bill 101 – Charte de la Langue Francaise
In 1977, the provincial government of Quebec passed Bill 101 to establish rules to protect the French language in Quebec
This law affirmed the French language as essential to the identity of Francophones
It made the French language the official language of business, government and education in Quebec

28. Bill 101 Bill 101 is Official Bill 101 – 5 Years Later
Bill 101 – 20th Anniversary
How has Bill 101 Affected Anglophones in Quebec?
How has Bill 101 served to Protect the rights and Identity of Francophones in Quebec?
Read the chart on pg 150 and complete the worksheet (Bill 101 and the Canadian CRF)

29. What laws recognize the collective rights of the Métis?
Terms you should already know..
Métis – descendents of mixed First Nations and European (mainly French) heritage
Inherent rights – rights with origins in fundamental justice; rights associated with history or tradition
Scrip – a document that could be exchanged by the Métis for land
Autonomy – authority to make decisions

30. Métis Rights…how did they get where they are today?
Read pgs 153 to 158 and create a timeline for yourself in your notes
For each event state:
Date
What Happened
Why it was important

31. Louis Riel- a Father of Confederation
Louis Riel led the Northwest resistance which ended in military conflict between the Métis government and the Canadian government
The Canadian Government did not respond to the Métis Request petitions for land and collective rights
Louis Riel is considered the founder of Manitoba
Louis Riel was hung for treason in 1885
Many Anglophones agreed with the sentence, while many francophones opposed and saw it as a betrayal to French/English alliance

32. Pre-Test Questions
This worksheet is meant to help you study for the exam. The greater detail you can answer the questions, the better shape you’ll be in for the test