Making a Just andFair Canada7

CHAPTER

Imagine that you are a member of a girls’ soccer team who isplaying in the annual tournament. At the beginning of your thirdgame, the referee points to a Muslim girl on your team and tells herthat she can’t play because she is wearing a hijab, or headscarf.The referee is also Muslim.

On these two pages you will read about a girls’ Grade 6 soccerteam in this exact situation. The Québec Soccer Federation rule thatthe referee was following states: “The wearing of the Islamic veil orany other religious item is not permitted.”

Enforcing the RulesWhen Asmahan Mansour was forcedto leave her soccer game because shewouldn’t remove her hijab, she wasvery upset. So were her coach,teammates, and many adultswatching the tournament.

Asmahan’s team walked out of thesoccer tournament. “It’s her religionand she can’t just take it off,”explained Sarah Osborne, one ofAsmahan’s teamates. “This is not fair.We’re only 11. We just wanted to playsoccer.” Four other teams from acrossCanada also left the tournament.

■ Why do you think Asmahan’steammates and some other teamsleft the tournament?

■ What would you have done in theirplace?

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The Right to PractiseReligionMany newspaper writers, televisioncommentators, politicians, sports organizations,and members of the public became involved indebates about whether what happened toAsmahan was just and fair. Some argued thatall games have rules and that rules must befollowed. Some pointed out that soccer playersare also not allowed to wear necklaces, rings, or earrings forsafety reasons. Some suggested that Muslim girls should beallowed to wear a sports hijab that is fastened with velcrorather than a safety pin as Asmahan’s was. And some feltthat the rule the referee was following was anti-Muslim, inother words, that Asmahan had been discriminated againston the basis of her religion.

When situations like this arise, many Canadians arequick to bring the Canadian Charter of Rights and Freedomsinto the discussion. They become concerned when they thinkthat someone’s rights or freedoms have been threatened ortaken away. These rights and freedoms are an expression ofthe values of our society.

Inquiring Minds

It is important to have rules in a society that guide people’s behaviour to protect the common good. In Canada these rules are in our Charter of Rights and Freedoms.

1. How does the Charter of Rights and Freedoms make Canada a fair society?2. Why is it important that the Charter protect the rights and freedoms of minorities?

?

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Athletes wearing hijabs, like thisIranian archer, are allowed tocompete in the Olympic games.How does this affect your thinkingabout the Québec SoccerFederation rule?

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Why Do Values Change OverTime?What do you think would have happened if Asmahan’s gamehad taken place a hundred years ago? Would people havebeen so worried about her rights? In fact, 100 years ago, theidea that everyone was entitled to fair treatment and hadcertain basic rights was not part of most Canadians’ thinking.And Canadians were not alone—this was the case throughoutmost of the world at the time.

Rights and freedoms that we take for granted today werenot guaranteed by law in the past. Here are some examples:

Discrimination in Immigration

In 1885, the federal government passed the ChineseImmigration Act, which forced all Chinese immigrants to pay a$50 “head tax” to enter Canada. By 1903, the fee was raisedto $500. This was a huge sum; most Chinese workers earnedless than a dollar a day.

Discrimination in Services

In 1918, a Mr. Reynolds was refused a ticket in the best sectionof seats in a theatre because he was black. A Québec courtupheld the theatre owner’s right to make discriminatoryseating rules.

The War Measures Act

Under the War Measures Act, many people were forced to live ininternment camps. During World War I (1914–1918), thesewere people of Ukrainian descent. Later, during World War II(1939–1945) under the same act, people of Japanese descentwere interned.

Restricting Land Ownership

The Alberta Land Sales Prohibition Act of 1942 made it illegal tosell land to a Hutterite or any “enemy alien.”

Restricting Political Parties

In 1940, the Communist Party was outlawed in Québec.

Many of the Japanese who wereinterned were Canadian citizens.Why do you think the Canadiangoverment reacted this way?

Hutterites were considered“enemy aliens” because theycame from Europe and spoke alanguage similar to German.Canada was at war with Germanyat this time.

To be interned means to beforced to stay.

words matter !

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The Road to Rights

In the past, many Canadians believed that women and peopleof some races were inferior to men of European background.This attitude was reflected in immigration policy, voting rights,and many aspects of daily life. It wasn’t until 1929 thatwomen were even officially recognized as “persons”! Peopleknew that certain rules and laws were discriminatory, but theydid not think that discrimination was wrong.

Over time the values and beliefs of Canadians havechanged. People began to think that everyone should betreated fairly and equally, and gradually the rules of societybegan to reflect these new attitudes. Why did these changescome about?

• In Chapter 2 you saw how voting rights were graduallyextended to women, Canadians of Asian descent, Inuit, andFirst Nations. In some cases, people in Canada had toprotest long and hard to get these rights. Voting rights madepeople more equal members of society.

• Changes in thinking around the world also affected howCanadians looked at human rights. For example, theUnited Nation’s Universal Declaration of Human Rights, passedin 1948, supported basic rights for all people.

• Before 1965, Canadian immigration policy encouraged onlyEuropeans to come to Canada. But as Canada became morecommitted to human rights, people of all ethnicbackgrounds were allowed to immigrate. As a result,Canada became a pluralistic country where prejudice is nottolerated.

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ThinkingIt Through

Why do you think each ofthese three factors mighthave affected Canadiansociety’s attitude aboutrights and freedoms?

Canadians celebratingCanada Day.

Canadian John PetersHumphrey was the mainauthor of the UniversalDeclaration of Human Rights.

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Speaking Out

Today everybody hastheir rights and theirfreedoms but for somereason we do not feel wehave responsibilities, andwe do.

Elsie Wayne, ProgessiveConservative MP, 1999

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What criteria would youuse to decide when yourright to free speechviolates some one else’srights? Describe this rightcarefully so that “freedomof speech” is clearlyunderstood.

Skill Smart

TT i m e l i n ei m e l i n e 1947 1951 1960

SaskatchewanpassesSaskatchewan Billof Rights Act

Ontario passes FemaleEmployees FairRemuneration Act

Federal governmentpasses Canadian Bill of Rights

This was Canada’s firstgeneral law that madediscrimination illegal.

Women in Ontario weregiven equal pay forwork of equal value.

Prime Minister JohnDiefenbaker wanted certainrights guaranteed to allCanadians.

This timeline shows some important steps that made Canada a fairer, more just society.

It is important to remember that societies are continuallytrying to improve and learn from their history. In the future,Canadians may have new perspectives and understandingsthat will lead them to add to the rights legislation we havetoday.

Our Charter Rights

In Chapter 2, you looked at some of the rights that areprotected by the Charter. The chart on page 159 gives you amore complete list of Charter rights and freedoms.

Certain responsibilities come along with the rights andfreedoms we enjoy as a result of the Charter.

• The Charter grants us legal rights—we have theresponsibility to obey the laws.

• The Charter grants us freedom of expression—we have theresponsibility to respect the rights and freedoms of otherswhen we voice our opinions.

• The Charter grants us democratic rights—we have theresponsibility to vote in elections.

• The Charter grants us equality rights—we have theresponsibility to eliminate discrimination and injustice inour own behaviour and in our society.

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Thinking It Through

Explain how the rights and freedoms in the Chartersupport justice, equity, freedoms, and representation.

Rights and Freedoms Description

Fundamental Freedoms People in Canada can follow any religion they choose and think and believe what they like. They can also say what they think, give their opinions in newspapersand other media, and meet peacefully with others.

Democratic Rights Citizens have voting rights. Governments must sit at least once a year. The samegovernment cannot be in power for more than five years without an election.

Mobility Rights Citizens have the right to enter, remain in, or leave Canada. They can move to any province or territory and work there.

Legal Rights People have certain legal rights when they are arrested, when they are put on trial, and when they are imprisoned.

Equality Rights Everyone has the right to fair and equal treatment and cannot be discriminatedagainst.

Language Rights Canada is officially a bilingual country and people can communicate with the government in either French or English. People have certain official education rights, depending on the language they speak.

Other Rights Aboriginal rights, Canada’s multicultural heritage, male and female equality rights, and other issues are also covered.

1975 1977 1982

Québec passesCharter of HumanRights andFreedoms

Federalgovernmentpasses CanadianHuman Rights Act

Queen Elizabeth II signs theConstitution Act, which includesthe Canadian Charter of Rightsand Freedoms

The Charter recognizedmany of the same rights andfreedoms as the CanadianBill of Rights.

Every Canadianprovince now had itsown human rights act.

The act set up the CanadianHuman Rights Commissionto deal with complaintsabout discrimination.

Charter of Rights and Freedoms

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Contributing to

CommunityThe students in Mr. Kahn’s class have been talking about therights and freedoms that are guaranteed in the Charter. Someof them still have questions about rights.

JANA: Everyone needs an education. Why isn’t theright to education in the Charter?

MR. KAHN: Education is a provincial responsibility,remember? It’s actually The Alberta School Act thatguarantees that all children living in Alberta haveaccess to the education system and to a programthat suits their learning needs. This means, forexample, that children with disabilities areaccommodated in schools.

JANA: But not all education is free. University costslots of money. My mom says that in some countriesuniversity is free just like elementary and highschool. That sounds fair to me. Then everyone couldgo. If education was a right then it would all have tobe free.

IAN: What about health care? Doesn’t everyone inCanada have health insurance that gives them theright to go to the doctor and to the hospital?

KUMAR: I wonder why health care isn’t mentionedin the Charter. People really need health care. I thinkit should be a right.

All of the students in the class agreed withKumar. Mr. Kahn wrote “education” and “health care” on theboard. He asked the students to see if they could come up withany other rights that they thought people should have thataren’t in the Charter. He suggested that they might look atother rights documents such as the United Nations UniversalDeclaration of Human Rights and the Convention on the Rights ofthe Child for ideas. The groups reported the next day.

The United Nations issued theConvention on the Rights of theChild in response to childrenliving in conditions like this. Whatelse could the UN do to helpchildren like these?

(7-52)

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IAN: Our group thought that everyone in Canadashould have enough to eat and a place to live. Wewant to add food and shelter to the rights list.

AH-PO: Our group found a copy of the Conventionof the Rights of the Child that was in child-friendlylanguage. There were a lot of rights in it that wewere surpised by, like privacy, a clean and safeenvironment, and play and rest. We thought thatthese were good rights for everyone to have.

MR. KAHN: The thing you need to remember aboutyour rights is that they are protected by other lawsbesides the Charter. For example, the right to restthat Ah-Po mentioned is covered by provinciallegislation. Someone who has worked for anemployer for 12 months is entitled to two weeks’vacation with pay. Workers are also entitled to breaks during their working day.

JANA: We also found the right to work, the right to own property,and the right to marry whom you want and have children. There areso many rights that people should have!

KUMAR: I think the most important right that isn’t in the Charter isthe right to food. If we want a fair and just Canada, everyoneshould have enough food.

The students decided that they wanted to help make surethat everyone in their community had enough to eat. Theyfound out about a food bank where people could getgroceries when they ran out of money. The studentsdecided to organize a food drive at their school. They wentto the parent council with their idea to get help withadvertising and bringing the food to the bank.

Identify one Charter right or freedom that you think mostCanadians take for granted. How would life in Canada bedifferent if we didn’t have this right or freedom?

Over to You

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A volunteer and her son help stock food at the local foodbank.

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ViewpointsViewpoints

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Viewpoint 2

Viewpoint 1

Does Freedom of Expression Applyon the Internet?

How many times in a week do you use the Internet?What do you mostly use it for? Many students use theInternet to communicate with friends online, usinginstant messaging, blogs, and social networking sites.They share their thoughts and ideas, but sometimes thiscauses problems. Have you had problems with any ofthese methods of communication? Does your family haverestrictions on how you use them? Do you think thatfreedom of expression applies on the Internet? Here aresome points of view on this issue:

There have been cases of cyberbullying over

the Internet. Students are entitled to their

opinions about their classmates, but

spreading rumours about someone on a site

that lots of people have access to shouldn’t

be allowed. It is much worse than talking

about someone to a couple of friends.

My parents won’t let metalk to anyone on the Netthat I’ve never met inperson. My friends havereally interestingconversations with youngpeople all over Canada and in other

countries. My parents are taking away myfreedom of expression!

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1. Which of the above viewpoints is the closest to your own point of view?Which viewpoint do you feel is furthest from your own? Write a briefresponse to this person, explaining your point of view.

2. Write a set of guidelines for using the Internet safely and responsibly.

Over to You

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Viewpoint 4

Viewpoint 3

I read in the

newspaper about a

student who was

suspended because he

set up a message

board on a

networking site where

students posted

insulting comments about their vice-

principal. Some students in the school held

a protest supporting the suspended

student. They argued that being punished

for a private online message is not fair. I

agree! How can you punish people for just

saying what they think?

My sons have told me that theyhave found comments on some sitesthat attack people of certain racesand religions. The people who runthese sites should put on filters thatdon’t allow certain words. Havingfreedom of expression doesn’t meanthat you can spread hate.

Viewpoint 5

Teens need toremember that nothingthat you post on theInternet is reallyprivate. Some people Iknow put up reallyembarassing picturesof themselves. Those pictures might bea problem for them in the future whenthey are looking for jobs or something.Sure you have freedom of expression

but you’ve got to use your head.

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How Are Our ConstitutionalRights Protected?The Canadian Bill of Rights was an important step in protectingthe rights of Canadians. However, it was limited—it was astatute, or a law, so it could be changed. In addition, it didn’taffect provincial laws. To ensure that rights were more effectivelyprotected, some people pushed to entrench rights in theConstitution. The diagram below shows why it was essential tomake the Canadian Charter of Rights and Freedoms part of theConstitution Act.

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It is a great deal moredifficult to change theConstitution than to changea statute or law. For thisreason, it was decided tofirmly establish or entrenchour rights and freedoms bymaking them part of theConstitution Act.

words matter !

How we keep our rights

and freedoms safe

Provincial and federal leaders must negotiate and agree before any

changes can be made to the Constitution.

The status, rights, and privileges of Canada’s

two official languages—English and French—are protected in all institutions of Parliament

and government.

The courts make the final decision when an individual

or group claims to have been treated unfairly under the

terms of the Charter. Even the government must follow

these decisions.

First Nations, Métis, and Inuit are involved if

changes to the Constitution involve

Aboriginal rights.

The Constitution is the highest law of the land. It sets out the rules on how the country should be run,

and governments must follow those rules.

ThinkingIt Through

What factors do youthink might causeCanadians to considerchanging theConstitution in thefuture?

The Charter of Rights and Freedoms is more than a set ofrules. It is also a statement of beliefs, and it shapes ouridentity as a country. A belief in fair treatment for all is part ofwho we are. Having the Charter entrenched in theConstitution means that no one, including the government,can take away the rights and freedoms of people in Canada.

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Making Decisions About Rights

What is legally fair has changed and will continue to changeover time. Sometimes, though, laws change very slowly.Because the Charter was entrenched in the Constitution,though, some laws have changed or been struck down morequickly because they are in conflict with the Charter.

Suppose you believe that your Charter rights have beenviolated. What can you do? In Chapter 2, you read aboutJustine Blainey. She and her parents believed that Justine hadbeen denied equality rights. They complained to the OntarioHuman Rights Commission. When the Commission could donothing because of the law, Justine and her parentschallenged the law in provincial court. They had to appealcourt decisions a number of times, until the case waseventually heard by the Supreme Court of Canada.

The Supreme Court is the highest court in our country. TheCourt hears cases that raise important issues of law, and it isoften called on to interpret the Charter of Rights and Freedoms.

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To appeal means to ask ahigher court to review adecision made by a lowercourt.

To interpret is to explain ormake sense of something.The Supreme Court may becalled on to interpretwhether a Charter right orfreedom applies in a certainsituation.

words matter !

Charter Cases and the Appeal Process

A person or group who thinks a right or freedom has been

taken away takes the case to a provincial court.

The court makes a decision, but either side can appeal if there is reason to believe the

decision was unfair. This means that one side or the other can ask a higher court

to change the decision.

The Supreme Court of Canada considers important cases of

national interest. The decision of this Court is a final decision

as it is the highest court inCanada.

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If the Supreme Court of Canada agrees to hear an appealthat involves a Charter right, the justices consider threequestions:

• Was a right or freedom taken away? • Is that right or freedom protected in the Charter? • Was there a good reason for the right to be taken away?

Often when hearing appeals, the Supreme Court justicesmust decide whether an existing law conflicts with a section ofthe Charter. Here is a case that illustrates both the appealprocess and how the Supreme Court of Canada applies theabove three questions when it hears a case.

The Sauvé CaseFederal Law: In 1993, the Canada Elections Act was passed. Itstated that prison inmates serving two years or more could notvote.

Argument of Richard Sauvé: In 1995, Richard Sauvé wasserving a 25-year sentence for first-degree murder. He took thegovernment to the Federal Court of Canada claiming that theCanada Elections Act took away his democratic right to voteand his equality rights under the Charter.

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ThinkingIt Through

How well do you thinkthe Supreme Courtreflects Canadian society?

Look closely at this picture. Howmany women are there on theSupreme Court? How manypeople appear to belong to visibleminorities? Why do you thinkthere is an uneven number ofjustices? Why do you think thereare nine justices instead of justthree or five?

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Ruling of the Court: The Federal Court agreed with Sauvé.As a result of its ruling, all inmates were allowed to vote in the1997 federal election. But that’s not the end of the story.

The Government Appeals: In 1999, the Federal Court ofAppeal overturned the decision of the Federal Court ofCanada. Again, inmates serving two years or more could nolonger vote.

Mr. Sauvé’s Appeal: In 2000, Sauvé appealed the FederalCourt of Appeal decision. This time the case went before theSupreme Court of Canada. Sauvé’s argument remained thesame: the law took away his democratic right to vote anddenied him equality rights under the Charter.

Ruling of the Court: In October 2002, the Supreme Court ofCanada ruled in a vote of five to four that the government didnot have good reason to deny inmates the right to vote. TheCourt said inmates should have the right to vote to teachthem “democratic values” and “social responsibility.” Sauvéhad won the right to vote in federal elections for all prisoninmates.

It is not always easy to make decisions that balance therights and freedoms of everyone in Canada. The justices of theSupreme Court consider each Charter case carefully anddiscuss it among themselves. However, they do not alwaysagree. The final ruling is based on what the majority ofjustices decide is right.

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ThinkingIt Through

What connections canyou make between theSauvé case andexceptions to votingrights in ancient Athenson page 61?

The Supreme Court of Canada occupies this building in Ottawa. Why do youthink this Court only chooses to hear cases of national importance?

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Why Are Collective RightsProtected?Most of the Charter focuses on protecting individual rights, butas you read in Chapter 2, it also protects collective rights.Collective rights give people access to certain rights becausethey belong to a group that has those rights. Aboriginalpeople and people who speak French or English and are theminority in the province where they live have collective rightsin Canada.

The Charter gave language and Aboriginal rights thesame importance as fundamental freedoms such as religiousfreedom and freedom of expression. This was a huge step inthe protection of collective rights in Canada. The limit of theserights has been challenged a number of times in court.

Minority Language Rights

Imagine a family member is very ill. You take that person tothe hospital, but no one there speaks your language. Howmight this cause problems for you?

This was the situation facing Francophones who lived inthe Ottawa area. L’Hôpital Montfort was the onlyFrancophone hospital in Ontario. The hospital trained newFrancophone doctors as well as treated patients. In 1997, theOntario government announced that in order to save money,it was planning to close l’Hôpital Montfort along with twoother hospitals in the Ottawa area.

The Francophone community was determined to keepl’Hôpital Montfort open. They decided to challenge theOntario government’s decision. They formed a group calledSOS Montfort.

Argument of SOS Montfort: The Charter gives a minorityFrench or English community the right to education in its ownlanguage. The minority linguistic community should alsohave the right to health care services in its own language. Inaddition, doctors should have the right to be trained in French.

Argument of the Ontario Government: The CanadianCharter of Rights and Freedoms protects the right to education in

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French Language Rights in QuébecFrench is a minority language in North America. As a result, anumber of language laws have been passed in Québec over theyears to preserve it. In 1977, the Québec government passed Bill 101, which said that French was to be the only languageallowed on commercial signs in the province. In 1993, Bill 86 wasintroduced, which allowed English on outdoor commercial signsonly if the French lettering was at least twice as large as theEnglish. There has been much debate about these laws in Québecand the rest of Canada. Why do you think this is so?

More About. . .

ThinkingIt Through

Which of the Québeclanguage bills do youthink was more in thespirit of the Charter?Explain your thinking.

Québec Premier René Lévesque believed that Bill 101 was essential to theQuébec’s Francophone identity.

About 8000 Franco-Ontarians attended a rally in Ottawa tosave l’Hôpital Montfort.

either of Canada’s official languages. It does not protect theright to health care in either language.

The case against closing l’Hôpital Montfort went to courtseveral times. In 2001, a final ruling was made.

Ruling of the Court: It is true that there are no words in theConstitution that protect the right to health care in bothofficial languages. But “respect for a protection of minorities isa fundamental constitutional value.” The province must leavel’Hôpital Montfort open.

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What do you see on this graph? What does it suggest aboutCanadian society?

The graph reminds us of Canada’s diversity. It also reminds us ofCanada’s history—that the majority of the Europeans who first settledhere spoke English or French. As you can see from the graph, Englishor French are still the first languages of 82% of the people inCanada.

Creating Language Rights

French and English are Canada’s two official languages. This chartshows three important laws or acts that affected their use andimportance over the years.

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British North America Act, 1867 • permitted use of English or French in Parliament and the courts• stated that laws must be in both languages

Official Languages Act, 1969 • gave English and French equality in Canadian society,in Parliament, and in federal government services

• protected official-language minority communities across Canada

Canadian Charter of Rights • entrenched French and English language rights and minorityand Freedoms, 1982 language education rights in the Constitution

DECISIONS IN

DEMOCRACY Democracy and Language Rights

First Languages Spoken by Canadians

English 59%

French 23%

Languages other thanEnglish or French 18%

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Language Rights and Democracy

Not all Canadians have been happy about the laws that have beenpassed to protect both of our official languages. Some Anglophonesfelt that too much money was being spent by the government toprovide services to Francophones outside Québec. Some QuébecFrancophones did not want English to have equal status with Frenchin their province.

Why did the federal government think that protecting Englishand French was so important? The answer is: because it supportsdemocratic principles. It was fair for the two languages to be valuedequally and that education and other services in them be providedwherever and whenever possible.

Consider all the other groups besides Francophones and Anglophones that playedan important role in Canada’s history. Why do you think other languages spoken inCanada aren’t given the same protection as English and French?

Over to You

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French immersion programs were introduced into English schools across thecountry in the 1970s to encourage bilingualism.

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Aboriginal Rights

Section 25 of the Charter focuses on the collective rights ofCanada’s Aboriginal peoples. It guarantees that nothing inthe Charter will take away from or cancel out any “aboriginal,treaty or other rights or freedoms that pertain (apply to)aboriginal peoples of Canada.”

The Charter names two sources of aboriginal rights andfreedoms:

1. The Royal Proclamation of 1763

The proclamation set out the relationship between Britain andAboriginal peoples living in what later became Canada.• First Nations are described as independent political groups

who are entitled to their own government and territories. • These territories should not be taken over by the British

without the agreement of First Nations.• First Nations territories are considered part of the territory

that is controlled by Britain.

2. Land claims agreements that were inexistence at the time the Charter came into lawor those that would be acquired in the future.

Land claims agreements describe who owns land and theresources on it. Between 1750 and 1923, a number of treatiesthat involved land were signed between the British andCanadian governments and Aboriginal people. Many issuesresulting from these treaties and other Aboriginal land claimshave been taken to court by First Nations, Inuit, and Métis.

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ThinkingIt Through

The three statements from the Royal Proclamation of 1763 havecaused confusion and much disagreement about land claimsettlements for Aboriginal people, even with the collective rightssection of the Charter in place. What do these statements tell usabout Britain’s relationship with First Nations people at the time ofits signing?

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Speaking Out

WABASCA, Alta.—Alberta’s Bigstone Cree Nation andsurrounding communities have signed an agreement-in-principlewith the provincial and federal governments that would entitlethem to the largest land claim settlement in Canadian history.

CTV News and The Canadian Press, October 13, 2007

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European Land ClaimsExplorers from Spain, France, Britain, andother European countries thought of theAmericas as being “empty territory” eventhough millions of Aboriginal people livedthere. Europeans at that time believed thattheir claims on the land were moreimportant that the claims of Aboriginalpeople.

More About. . .

After 100 years of negotiationsstarted in 1902 by Chief Jim Boss,hereditary chief Glenn Gradysigned a land claim settlementagreement between the Ta’anKwach’an First Nation and theprovincial and federalgovernments.

Jacques Cartier (right) erected this cross at Gaspéon July 24, 1534, taking possession of the territoryin the name of François I of France. This paintingwas created by C.W. Simpson.

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What Was La Grande Paix deMontréal?The roots of the Aboriginal collective rights in the Charter goback more than three centuries in Canada’s history. Thesenegotiations may have begun as early as 1697. In 1701, LaGrande Paix de Montréal, The Great Peace of Montréal, wassigned.

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Canada Post issued this stamp to celebrate the 300th year of the signing of LaGrande Paix de Montréal. During negotiations speakers held a wampum to showthat their words could be trusted.

Gathering to Solving a Problem

When colonists from France settled in North America, theybegan to trade in furs with First Nations. The French set upmany fur-trading posts in what is now Québec and Ontario.First Nations who lived there, such as Algonquin andOuendat, became their trading partners and allies. Many ofthese Nations, however, were enemies of the Oneida, Mohawk,Onondaga, Cayuga, and Seneca who lived to the south. As aresult, there was warfare between the Haudenosaunee and theFrench and their allies. The fighting disrupted the fur tradeand threatened the French settlement at Montréal, which atthis time was a small town of about 1200 inhabitants at thecrossroads of fur-trading routes.

Allies are people or groupswho work together.

words matter !

■ Who do you see thatwas present for LaGrand Paix de Montréal?

■ Were all the FirstNations participantsfrom the same Nation?How can you tell?

■ Looking at an imagecan raise manyquestions in your mind.What other questionsabout the Great Peaceand the people whoparticipated in it aresuggested by thestamp? Record theanswers to yourquestions as you readthis section of thechapter.

■ Record furtherquestions that occur toyou as you read. Thenlook for the answers.

Skill Smart

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The French had made several treaties over the years withthe Haudenosaunee to try to stop the warfare and protect theirtrade. These had all broken down. In 1700, Louis-Hector deCallière, the Governor of New France, had begun new peacetalks with the Haudenosaunee.

Callière decided the only way this peace could work was ifFrance’s First Nations allies also agreed to it. To give all sides achance to have input, Callière sent messengers toapproximately 40 First Nations—both the allies and enemiesof New France—inviting them to join in a new political andeconomic partnership. The talks would be held in Montréal.

Imagine the journey! In the summer of 1701, some 1300

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First Nations representatives travelled hundreds of kilometresby foot, horseback, and canoe to Montréal. Some of them wereambassadors, or representatives, and advisors, who hadbeen sent by their Nation to talk about the treaty. Othersbrought furs to trade at the summer trading fair.

DAKOTA

WINNEBAGO

MASCOUTEN

ILLINOISMIAMI

WOODS CREE

FOXSAUK

MISSISSAUGAAMIKWA

NIPISSING

SAUGEENANISHNABEG

ALGONQUIN

MI’KMAQMALISEET

INNU

ABENAKI

ODAWAOUENDAT

MENOMINEE

OUIATENON

KICKAPOO

POTA

WAT

OM

IS

M

AHICAN

MOHAWK

ONEIDA

CAYUGA

SENECA

ONONDAGA

SUSQ

UEHANNOCK

Montréal

Lake Erie

Lake Ontario

Lake

Mic

higa

n

Lake Huron

Lake Superior

ATLANTICOCEAN

ANISHINABÉ

S

N

W E0 100 200

kilometres

ThinkingIt Through

Callière acted as therepresentative of theFrench government whenhe invited First Nations topeace talks. Whatattitudes did thisinvitation indicate theFrench government heldtoward First Nations?

Ambassadors are peoplewho are chosen by theirnations, governments, orleaders to represent them atmeetings with officials fromother nations.

words matter !

Choose five First Nations from the map. Use the scale providedto determine the distance each travelled to Montréal.

Skill Smart

First Nations Attending La Grande Paix de Montréal

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When they arrived, they set up camp outside the woodenstockade that surrounded the settlement. The French welcomedthem with great ceremony, and cannons were fired in theirhonour.

Probably more First Nations people would have attended,but an influenza epidemic broke out. This disease, brought toNorth America by European settlers, spread rapidly amongFirst Nations. Callière’s reporter wrote: “Out of a fleet of ahundred and eighty canoes... thirty were forced to put in toshore because of illness.”

Each of the First Nations had its own culture andtraditions. Even the names of the Nations told about theunique identity of each one. The Odawa, for example, livedaround the Great Lakes. Their name meant they were traders,a role that was very important in that location. TheMenominee were named for wild rice, which grew in theregion west of Lake Michigan where they lived.

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Although First Nation peoples have always had a strongcollective identity, they have also regarded themselves asindividuals. First Nations people value the freedom of eachindividual to make decisions without being controlled bysomeone else. However, it was expected at this gathering thatindividuals would use their freedom to act responsibly and forthe good of the community.

Consensus and Respect

Over a period of two weeks there were discussions about theterms of La Grande Paix de Montréal. The First Nations whogathered in Montréal valued discussion, compromise,cooperation, and consensus. In Chapter 4, you saw how theIroquois used consensus to make decisions at the GrandCouncil. The negotiations in Montréal were held according tothese First Nations traditions.

The Menominee usedthe sign of athunderbird holding astalk of wild rice as thesymbol of their nation.

The Odawa used thesign of a fork as asymbol of their nation.It stood for themeeting of rivers inthe territory wherethey lived.

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First Nations leaders and ambassadors who came toMontréal were chosen because they were skilled at speakingon behalf of their people. During a meeting, the representativewould present a proposal and try to persuade others to agree.Everyone listened carefully without interruption. If anyonehad a question, the speaker thought carefully before giving ananswer. If the speaker had to consult with his advisors, theanswer was not given until the next day.

Many historians agree that it was the diplomacy of theFirst Nations representatives that made the treaty possible.After considering the arguments, they agreed to give up someof their own wishes to be fair to everyone involved. In thisway, they were able to reach consensus on the final terms ofthe treaty.

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Diplomacy means the skilledmanagement of discussionand agreement amonggroups.

words matter !

Thinking It Through

1. How does the process of the negotiations reflectdemocratic principles?

2. In what ways is decision making at the local and provinciallevels of government similar to the negotiations during La Grande Paix de Montréal?

The First Nations ambassadorssigned a paper peace treatyprepared by the French, usingsymbols representing theirNations. What animals arerepresented in these symbols?

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Kondiaronk, Architect of PeaceThe most respected of all the speakers atthe conference was Kondiaronk, arepresentative of the Ouendat-Petun FirstNation (also known as Huron). One of theFrench participants wrote thatKondiaronk was “a fine and politicallyadept (skillful) chief...a genius with theutmost vision (imagination).”

Kondiaronk was a strong supporter ofthe peace. When he arrived in Montréal,he said, “The waterfalls, the rapids, andthe thousand other obstacles were asnothing compared with our desire to seeyou and assemble here.”

Although he fell seriously ill ofinfluenza during the conference,Kondiaronk spoke for hours in favour ofthe treaty. When he died the next day, hewas honoured with a great funeral andprocession.

More About. . .

<7-73 J.

For the signing of La Grande Paix de Montréal, some FirstNations ambassadors wore fancy European-style coatsgiven to them by the French along with traditionalceremonial dress.

The treaty was signed on August 4, 1701. These were its mainterms:

1. The Nations agreed to be allies and not make war on eachother.

2. The Nations agreed that they could all use the huntinggrounds north and west of Lake Ontario.

3. In the case of any future disagreements, all sides agreedthat the French governor would have the responsibility tosettle them.

After the signing of La Grande Paix de Montréal, GovernorCallière gave each ambassador a wampum of the treaty tobring back to his Nation. Callière and other French officialsalso invited the First Nations ambassadors to smoke tobacco ina calumet.

ThinkingIt Through

1. Explain how rights andresponsibilities arebalanced in La GrandePaix de Montréal.

2. Why do you thinkGovernor Callière usedFirst Nations’ symbolicobjects to celebratethe treaty?

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La Grande Paix and the Charter

La Grande Paix de Montréal was a treaty that was writtenthrough respectful negotiation. The negotiations and terms ofthe treaty show that a number of important principles andbeliefs were shared by the parties that signed it.

• Each First Nation and the French were recognized asequal and independent nations that had the right tomake their own decisions.

• The collective identity and collective rights of each partythat signed the treaty were recognized and respected.

• The right of the First Nations to their traditional territorywas recognized by all parties to the peace treaty.

Over the centuries, as the First Nations peopleand Francophones became minorities in Canada,many of their collective rights were taken awayand their collective identities were not protected bylaw. Eventually many Canadians saw that FirstNation peoples and Francophones had been treatedunfairly.

When the Charter was introduced in 1982, itoffered a chance to correct past injustices to theFirst Nations. For the first time treaty rights and therights of Canada’s first peoples were entrenched inthe Constitution. They could never be taken awayagain. This encouraged First Nations and Inuitacross Canada to bargain with the federalgovernment for the right to govern themselves andto control their own lands.

Remembering La Grande Paix

In the summer of 2001, the people of Montréal celebrated the300-year-old treaty. They marked the occasion with a re-enactment that allowed them to take a new look at an eventthat had almost been forgotten. An exhibition gave membersof the public a chance to see the actual treaty document aswell as other artifacts from the time. Newspapers called LaGrand Paix de Montréal Canada’s first multicultural gathering.They wrote about how different cultures had met to work out acreative solution to their problems.

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ThinkingIt Through

Why do you think it isimportant for Canadiansto remember La GrandePaix de Montréal?

The First Nations Garden was created inMontréal’s Botanical Garden in 2001 tocelebrate La Grande Paix.

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Using a ComparisonOrganizerComparison organizers are useful for comparing people,things, or historical events. A comparison organizer can helpyou see the similarities and differences in the two things youare comparing. A chart is one kind of comparison organizer.

You can use a comparison organizer to help you answeran inquiry question such as: In what ways did La Grande Paixde Montréal and the Royal Proclamation of 1763 support therights of First Nations?

Making the Comparison

1. The two items that you want to compare need to be inseparate rows on the organizer. Here you are comparingtwo treaties.

2. The criteria or categories that you will use to compare thetwo items go at the top of the columns in the organizer.Here the criteria are collective rights, territorial rights, anddemocratic principles.

3. Go through the list of principles and beliefs supporting LaGrand Paix de Montréal on the previous page and the listsummarizing the terms of the Royal Proclamation of 1763 onpage 172. Think about how you can organize thisinformation under the categories on the chart.

4. Once you have filled in the organizer, go back to yourinquiry question above. Consider: Were First Nations’ rightstaken into account in the treaties?

SKILLPOWER

Collective Territorial DemocraticTreaty Rights Rights Principles

La Grande Paix de Montréal

Royal Proclamation of 1763

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Practise the SkillIt is quick and easy to make a comparison organizer usingthe word processing program on your computer.

1. Open a document in your word processing program. Thenlook at the toolbar at the top of the screen. You will find afunction labelled “Table.” Click on it.

2. When the drop-down menu appears, move your cursor to“Insert.” “Table” will appear on the next menu. Click on it.

3. An “Insert Table” window will appear. Fill in the number ofrows and the number of columns that you need for yourcomparison organizer. For example, to make the organizer onthe opposite page, you would indicate 4 columns and 3 rows.Remember that you need a column for the items you arecomparing and a row for the headings on your organizer.

4. Once you have filled in the numbers click on OK at the bottomof the window.

5. A blank organizer will appear on your document. Now you canfill in the headings on your organizer. Type these in usingboldface type. To move from one column to the next simplyhit your tab key. To move down the rows, you can use yourmouse or the down arrow on your keyboard.

6. Now you are ready to fill in the boxes on your organizer. Useregular type for your text. As you work, you may find that youneed to add or delete columns or rows. Go back to the Tablefunction and use Insert or Delete to do this.

You can use a comparisonorganizer as part of aPowerPoint presentation.

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What Effect Have CollectiveRights Had on Inuit?Inuit governed their territories for thousands of years beforeEuropeans came to North America. As Inuit leader PaulOkalik said in 2001, “Prior to European arrival, my ancestorswere free to govern their own lives and manage their land andresources according to their needs and customs.”

By the 1970s, Inuit no longer had much say. They lived inthe Northwest Territories and northern Québec and Labrador,but the governments that controlled their affairs werethousands of kilometres away. The federal government did notunderstand Inuit customs or traditions. It even moved peopleinto settlements far from their traditional lands. Inuit thoughtthis situation was unfair. They wanted the right to decide onceagain what was best for them.

Inuit began land claims negotations with the federalgovernment. In 1982, there was a plebiscite in the NorthwestTerritories to decide whether the territory should be divided intwo. A majority of the residents voted in favour. After furthernegotiations, the Nunavut Land Claim Agreement was signed in1993 creating Nunavut. In 1995, the capital, Iqaluit, waschosen through another plebiscite. In 1999, the first territorialgovernment of Nunavut was elected.

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Government inNunavut

A Commissionerappointed by the federalgovernment takes on therole played by theLieuenant-Governor inprovincial governments.The government inNunavut is based onInuit traditions. There areno political parties andmembers are electedindividually. The premieris a member of theLegislative Assembly,elected to the position bythe Legislative Assembly.Members of thegovernment workcooperatively to solveproblems.

More About. . .

Labrador Sea

Hudson Bay

Ungava Bay

NUNAVUT 1993

GREENLAND

Baffin Bay

ARCTIC OCEAN

0 200 400

kilometres

N

W E

Iqaluit

Yellowknife

A plebiscite is similar to areferendum in that peoplevote directly on a decisionthat affects them.

words matter !

ThinkingIt Through

Why do you think directdemocracy was used tomake decisions in thefounding of Nunavut?

Nunavut means “our land” in Inuktitut, the Inuit language. The people who livein Nunavut are called Nunavummiut.

Nunavut

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MAKING A

DIFFERENCE

Paul Okalik was one of the people whoworked to create Nunavut. In his youth,he learned from his Elders thatunderstanding his own culture andtraditions would help him find his way inlife. As a young man, he decided that thebest way to help his people would be toenter politics and work for the rights of hispeople. He believed that it was time for hispeople to regain this freedom.

In 1985, Paul Okalik joined a team ofpeople who represented Inuit in the Nunavut negotiations. Not onlydid they have to deal with the federal government, they also had towork with the government of Northwest Territories in Yellowknife todecide on the boundary for the new territory they wanted to create.There were many points of view to consider and many details towork out.

In 1999, the 19 newly elected members of the first Nunavutlegislature chose Paul Okalik to be Nunavut’s first premier. PremierOkalik was only 34 years old, the youngest premier in Canada.

Paul Okalik, Inuit Leader

Paul Okalik, the firstpremier of Nunavut

Okalik recognizes that there are many challenges to makingNunavut serve its people well. He believes in looking to the past tohelp work for a better future. He says, “We have committed toincorporating Inuit Qaujimajatuqangit—Inuit knowledge, philosophy,language, and culture—into government operations and policies. Webelieve this is a key to enhancing the identity, pride, and self-esteemof Nunavummiut.”

How is the creation ofNunavut an exampleof collective rights inaction?

Over to You

Ceremonies to open Nunavut’snew Legislative Assembly tookplace in Iqaluit, the territory’scapital. Why do you think youngpeople were invited to take part?

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Explore More!

1. b. Look back through this chapter and create a web around thequestion “How does the Canadian Charter of Rights and Freedomsmake society fair?” Include key words, ideas, or images that answerthis question.

b. “We all benefit as Canadians when the rights and freedoms ofminorities are protected.” Why do you think this statement is true?Make a list of things that could happen if minority rights were notprotected.

2. Copy the following chart into your notebook and complete it bycomparing the Charter and the Great Peace in each category.

3. On November 18, 2001, Gurbaj Singh Multani, a 12-year-old student,dropped a kirpan, a ceremonial dagger, in his Québec schoolyard. Hewore it as a religious symbol, but some people saw it as a dangerousweapon. Work with a group to do research on this case, which waseventually heard by the Supreme Court of Canada. Prepare adramatization, newspaper story, or PowerPoint presentation to presentyour results.

Inquiring Minds?

Charter Great Peace

Pays attention to individuals

Respects groups

Respects traditions

Respects land rights

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In this chapter, you have read about people who stoodup for fairness and equality. Select one of them and writea short speech that you would give if you werepresenting this person with an award entitled “MakingCanada a Fair Country.” Your speech should tell why youthink the person deserves the award and how he or shehas helped make Canada a better place to live.

Democracy in Action JournalSo far this year, you have learned about three differentdemocracies: the one we enjoy as Canadians; democracyas practised by the ancient Athenians; and thedemocratic ideals reflected within the IroquoisConfederacy. Make a spider diagram in your journal andwrite down as many democratic principles as you can foreach. How many principles do they all share?

Your Turn

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