Aboriginal PeoplesAboriginal Peoples

Douglas BrownDouglas BrownSt Francis Xavier UniversitySt Francis Xavier University

March 2010March 2010

Aboriginal Peoples: Outline of Aboriginal Peoples: Outline of TopicsTopics

Names and key concepts Names and key concepts

Early treaties and history of rightsEarly treaties and history of rights

Suppression and assimilation Suppression and assimilation

Resurgent aboriginal nationalismResurgent aboriginal nationalism

Key developments since 1980sKey developments since 1980s

The Challenge of Self-governmentThe Challenge of Self-government

What’s in a name …?What’s in a name …?

NativesNatives

““Indians, Eskimos, and Métis”Indians, Eskimos, and Métis”

Aboriginal, aboriginees, AmerindianAboriginal, aboriginees, Amerindian

““First Nations”First Nations”

Their names:Their names: Inuit, Mi’kmaw, Cree, Mohawk, Nisga’a,Inuit, Mi’kmaw, Cree, Mohawk, Nisga’a, Siksika, Dogrib, Anishnabe, Dene, Gits’kan Siksika, Dogrib, Anishnabe, Dene, Gits’kan

and so onand so on

Key terms and conceptsKey terms and concepts

Indian Act / Indian bands/ reservesIndian Act / Indian bands/ reservesStatus/non-status Status/non-status Aboriginal PeoplesAboriginal PeoplesAboriginal rightsAboriginal rightsAboriginal titleAboriginal titleSelf-governmentSelf-governmentTreaty federalismTreaty federalism

History of TreatiesHistory of TreatiesEarly French and British treaties Early French and British treaties Aboriginal nations have autonomy and independence Aboriginal nations have autonomy and independence A confederal relationship with the Crown?A confederal relationship with the Crown? Title to land and resources held unless ceded Title to land and resources held unless ceded

Royal Proclamation of 1763Royal Proclamation of 1763 A Nation-to-nation relationship under Crown A Nation-to-nation relationship under Crown

sovereigntysovereignty Provides protection of aboriginal title to the land (and Provides protection of aboriginal title to the land (and

origins of fiduciary obligation) origins of fiduciary obligation) Autonomous self-government is inherent and Autonomous self-government is inherent and

assumedassumed

History of Aboriginal RightsHistory of Aboriginal Rights

Early recognition by US courts as “Domestic Early recognition by US courts as “Domestic dependent nations” (1832 US Supreme Court) dependent nations” (1832 US Supreme Court)

Later US restrictions – Congress severely limits Later US restrictions – Congress severely limits aboriginal rights, including title.aboriginal rights, including title.

Confederation of Canada, 1867, limits practical room Confederation of Canada, 1867, limits practical room for self-government and promotes non-aboriginal for self-government and promotes non-aboriginal settlement settlement

Indian ActsIndian Acts suppress Aboriginal autonomy and suppress Aboriginal autonomy and culture, and culture, and

Reserve system isolates and marginalizes First Reserve system isolates and marginalizes First NationsNations

Rise of Aboriginal NationalismRise of Aboriginal Nationalism

Rejection of Trudeau Government’s 1969 Rejection of Trudeau Government’s 1969 “White Paper” “White Paper”

Rise of a national “Indian Lobby” Rise of a national “Indian Lobby”

Growth and diversity of national aboriginal Growth and diversity of national aboriginal political organizationspolitical organizations

Increasingly militant politicsIncreasingly militant politics

Influence of academic research and post-Influence of academic research and post-colonial ideology colonial ideology

Key events and developments, Key events and developments, 1982-921982-92

Constitution Act 1982Constitution Act 1982: section 35 entrenches : section 35 entrenches general aboriginal rights and commits to further general aboriginal rights and commits to further negotiationnegotiation““Aboriginal round” of negotiations, 1983-87, fails Aboriginal round” of negotiations, 1983-87, fails to define key rights including self-government to define key rights including self-government Aboriginal peoples left out of Meech Lake Aboriginal peoples left out of Meech Lake process process Aboriginal peoples representatives participate Aboriginal peoples representatives participate fully in “Canada Round” and in negotiation of the fully in “Canada Round” and in negotiation of the provisions of Charlottetown Accord (although provisions of Charlottetown Accord (although the accord failed to pass in the national the accord failed to pass in the national referendum)referendum)

Since 1990Since 1990

Major court judgments extend and define Major court judgments extend and define aboriginal rights: aboriginal rights:

Calder, Sparrow, Sioui, MarshallCalder, Sparrow, Sioui, MarshallOka Crisis, summer 1990: armed standoff Oka Crisis, summer 1990: armed standoff and greatly increased profile for aboriginal and greatly increased profile for aboriginal grievancesgrievancesRoyal Commission on Aboriginal Peoples Royal Commission on Aboriginal Peoples (RCAP) (1991-96) -- redefines the terms of (RCAP) (1991-96) -- redefines the terms of debate towards a nation-to-nation debate towards a nation-to-nation relationship (but not fully acted upon)relationship (but not fully acted upon)

Since 1998…Since 1998…

Nisga’a Final Agreement, 1998Nisga’a Final Agreement, 1998Nunavut Territory, 1999Nunavut Territory, 1999Acceleration of more autonomous First Nations Acceleration of more autonomous First Nations governance (i.e. Indian bands)governance (i.e. Indian bands)Land claims and treaty processes continueLand claims and treaty processes continueMartin government’s 2005 summit to improve Martin government’s 2005 summit to improve health, education, economic and other health, education, economic and other conditionsconditionsHarper’s Residential Schools apology and Harper’s Residential Schools apology and compensation package compensation package

Exercising Self-GovernmentExercising Self-Government

Supreme Court recognizes that s. 35, Supreme Court recognizes that s. 35, Constitution Act implies an “inherent right” Constitution Act implies an “inherent right” -- but details still being worked out.-- but details still being worked out.Indian Act constraints -- 640 band councils Indian Act constraints -- 640 band councils – considered by some as too small to be – considered by some as too small to be effectiveeffectivePractical concerns: Practical concerns: Fiscal resources Fiscal resources Administrative capacityAdministrative capacity Democratic accountabilityDemocratic accountability

Three Perspectives on Aboriginal Three Perspectives on Aboriginal Rights and Self-GovernmentRights and Self-Government

1. Royal Commission on Aboriginal 1. Royal Commission on Aboriginal Peoples, Peoples, 1996 Report1996 Report: parallel sovereignty: parallel sovereignty

2. Thomas Flanagan, book in 2000 entitled 2. Thomas Flanagan, book in 2000 entitled First Nations, Second Thoughts:First Nations, Second Thoughts: neo- neo-liberal integrationliberal integration

3. Alan Cairns, book in 2000, 3. Alan Cairns, book in 2000, Citizens Citizens PlusPlus, more pragmatic recognition of , more pragmatic recognition of difference.difference.

1. 1996 Royal Commission1. 1996 Royal Commission

Restore the nation-to-nation relationship; Restore the nation-to-nation relationship; dual citizenshipdual citizenshipConsolidate Indian bands into original Consolidate Indian bands into original national groups, i.e. 50-60 First Nationsnational groups, i.e. 50-60 First NationsSettle outstanding land claims, renew and Settle outstanding land claims, renew and revive treatiesrevive treatiesRecognize First Nations’ autonomous Recognize First Nations’ autonomous governing authority as a third order of governing authority as a third order of governmentgovernment

2. Flanagan – the Neo-liberal view2. Flanagan – the Neo-liberal view Aboriginals not that different from other Aboriginals not that different from other

Canadians in their life-styleCanadians in their life-style There can only be one nation (Canada)There can only be one nation (Canada) Aboriginal self-government is wasteful and Aboriginal self-government is wasteful and

fractiousfractious Do not renew or upgrade treatiesDo not renew or upgrade treaties Do not encourage dependence on remote Do not encourage dependence on remote

reserve communities reserve communities Concentrate on land, economic development Concentrate on land, economic development

and property rights instead and property rights instead

3. Cairns’ “Citizens Plus”3. Cairns’ “Citizens Plus”

Respects notion of aboriginal rights and “positive Respects notion of aboriginal rights and “positive recognition of difference” recognition of difference”

Recognizes power of aboriginal nationalism and Recognizes power of aboriginal nationalism and accepts aspects of dual citizenshipaccepts aspects of dual citizenship

Seeks practical solutions to making current self-Seeks practical solutions to making current self-government arrangements work bettergovernment arrangements work better

Concerned that aboriginal nationalism often Concerned that aboriginal nationalism often seek separateness, which cuts them off from seek separateness, which cuts them off from solidarity with Canadianssolidarity with Canadians

Concluding PointsConcluding Points

Aboriginal Rights are here to stayAboriginal Rights are here to stay

Our system probably has enough flexibility Our system probably has enough flexibility to accommodate themto accommodate them

But, negotiations will take a long time and But, negotiations will take a long time and continuing good willcontinuing good will

Canada and Canadians will be judged on Canada and Canadians will be judged on how well we dohow well we do