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

2. Aboriginal Peoples of Canada

3. Aboriginal Nations Mi’kmaq Maliseet Passamaquoddy Innu Inuit
Labrador Metis
Traditional Nations in Canada
Beothuk are extinct

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

5. 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

6. 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

7. 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

8. 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

9. 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

10. 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

11. 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

12. 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

13. 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

14. 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

15. 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

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

17. 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

18. 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

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

20. 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

21. 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

22. 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

23. 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

24. 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

25. 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

26. 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

27. 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

28. The End!