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Persons Case

The Persons Case (officially Edwards v. A.G. of Canada) was a constitutional ruling that established the right of women to be appointed to the Senate.

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Métis Scrip in Canada

Scrip is any document used in place of legal tender, for example a certificate or voucher, where the bearer is entitled to certain rights. In 1870, the Canadian government devised a system of scrip — referred to as Métis (or “half-breed”) scrip — that issued documents redeemable for land or money. Scrip was given to Métis people living in the West in exchange for their land rights. The scrip process was legally complex and disorganized; this made it difficult for Métis people to acquire land, yet simultaneously created room for fraud. In March 2013, the Supreme Court of Canada ruled that the federal government failed to provide the Métis with the land grant they were promised in the Manitoba Act of 1870. Negotiations between various levels of government and the Métis Nation concerning the reclamation of land rights continue.

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Indian Agents in Canada

Indian agents were the Canadian government’s representatives on First Nations reserves from the 1830s to the 1960s. Often working in isolated locations far from settler communities, Indian agents implemented government policy, enforced and administered the provisions of the Indian Act, and managed the day-to-day affairs of Status Indians. Today, the position of Indian agent no longer exists, as First Nations manage their own affairs through modern band councils or self-government.

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Gerald Stanley and Colten Boushie Case

On 9 February 2018, Gerald Stanley, a white farmer from rural Saskatchewan, was acquitted of murder and manslaughter in the killing of a 22-year-old Cree man, Colten Boushie. The acquittal caused great controversy but was not appealed by prosecutors. However, it led the Justin Trudeau government to abolish the peremptory challenges that allowed Stanley to keep five Indigenous people off the all-white jury that acquitted him.

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Treaty 4

Treaty 4 — also known as the Qu'Appelle Treaty — was signed on 15 September 1874 at Fort Qu’Appelle, Saskatchewan. The Indigenous signatories include the Cree, Saulteaux bands of the Ojibwa peoples and the Assiniboine. In exchange for payments, provisions and rights to reserve lands, Treaty 4 ceded Indigenous territory to the federal government. The majority of Treaty 4 lands are in present-day southern Saskatchewan. Small portions are in western Manitoba and southern Alberta.

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Daniels Case

On 14 April 2016, the Supreme Court of Canada ruled in Daniels v. Canada that the federal government, rather than provincial governments, holds the legal responsibility to legislate on issues related to Métis and Non-Status Indians. In a unanimous decision, the court found that Métis and Non-Status peoples are considered Indians under section 91(24) of the Constitution Act, 1867 — a section that concerns the federal government’s exclusive legislative powers. Recognition as Indians under this section of law is not the same as Indian Status, which is defined by the Indian Act. Therefore, the Daniels decision does not grant Indian Status to Métis or Non-Status peoples. However, the ruling could result in new discussions, negotiations and possible litigation with the federal government over land claims and access to education, health programs and other government services.

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Bill C-31

In 1985, Parliament responded to the appeals of Indigenous peoples by changing discriminatory sections of the Indian Act. Known as Bill C-31, this amendment reinstated Indian Status to women who had lost it through marriage to men without status. Among other changes, the bill also enabled all first-generation children of these marriages and individuals who had been enfranchised to regain their legal status. More than 114,000 people gained or regained their Indian status as a result of Bill C-31. (See also Women and the Indian Act.)

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Marshall Case

The Marshall case is a landmark ruling in Indigenous treaty rights in Canada. The case centres on Donald Marshall Jr., a Mi’kmaq man from Membertou, Nova Scotia. In August 1993, Marshall caught and sold 210 kg of eel with an illegal net and without a licence during closed-season times. He was arrested after being charged under the federal Fisheries Act and the Maritime Provinces Fishery Regulations. In Marshall’s court case, R. v. Marshall, he was found guilty on all three charges in provincial court (1996) and appeals court (1997). The Supreme Court of Canada reversed Marshall’s convictions in September 1999. The Supreme Court recognized the hunting and fishing rights promised in the Peace and Friendship Treaties. These treaties were signed between the British and the Mi’kmaq, Wolastoqiyik and Peskotomuhkati in 1760–61.

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Pennefather Treaties

In the summer of 1859, Superintendent General of the Indian Department Richard T. Pennefather signed three separate but essentially identical treaties with Batchewana First Nation (Treaty 91 [A]), Garden River First Nation (Treaty 91 [B]) and Thessalon First Nation (Treaty 91 [C]). The three treaties were part of a series of land surrenders that occurred after the 1850 Robinson Treaties. The Pennefather treaties opened additional acres for settlement and resource exploitation. (See also Treaties with Indigenous Peoples in Canada.)

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Peace and Friendship Treaties

Between 1725 and 1779, Britain signed a series of treaties with various Mi’kmaq, Wolastoqiyik (Maliseet), Abenaki, Penobscot and Passamaquoddy peoples living in parts of what are now the Maritimes and Gaspé region in Canada and the northeastern United States. Commonly known as the Peace and Friendship Treaties, these agreements were chiefly designed to prevent war between enemies and to facilitate trade. While these treaties contained no monetary or land transfer provisions, they guaranteed hunting, fishing and land-use rights for the descendants of the Indigenous signatories. The Peace and Friendship Treaties remain in effect today.

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Indigenous Land Claims in Canada

Land claims seek to address wrongs made against Indigenous peoples, their rights and lands, by the federal and provincial or territorial governments. There are different types of land claims. Comprehensive claims (also known as modern treaties) deal with Indigenous rights, while specific claims concern the government’s outstanding obligations under historic treaties or the Indian Act. There are many ongoing comprehensive and specific claims negotiations in Canada.

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Upper Canada Land Surrenders

The Upper Canada Land Surrenders (sometimes known as the Upper Canada Treaties) is a title given to a series of agreements made between Indigenous peoples and the Crown. These agreements were made during the late 18th century and into the 19th century before Confederation and the creation of the province of Ontario. The agreements surrendered Indigenous lands to the colonial government for a variety of purposes, including settlement and development. The Upper Canada Land Surrenders cover much of what is now southwestern Ontario. (See also Treaties with Indigenous Peoples in Canada.)

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Indigenous Treaties in Canada

Indigenous treaties in Canada are constitutionally recognized agreements between the Crown and Indigenous peoples. Most of these agreements describe exchanges where Indigenous nations agree to share some of their interests in their ancestral lands in return for various payments and promises. On a deeper level, treaties are sometimes understood, particularly by Indigenous people, as sacred covenants between nations that establish a relationship between those for whom Canada is an ancient homeland and those whose family roots lie in other countries. Treaties therefore form the constitutional and moral basis of alliance between Indigenous peoples and Canada.

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The Indian Act

The Indian Act is the principal law through which the federal government administers Indian status, local First Nations governments and the management of reserve land and communal monies. The Indian Act does not include Métis or Inuit peoples. The Act came into power on 12 April 1876. It consolidated a number of earlier colonial laws that sought to control and assimilate Indigenous peoples into Euro-Canadian culture. The Indian Act has been amended many times over the years to do away with restrictive and oppressive laws. However, the Act has had historic and ongoing impacts on First Nations cultures, economies, politics and communities. It has also caused inter-generational trauma, particularly with regards to residential schools.

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Treaties with Indigenous Peoples in Canada

Indigenous treaties in Canada are constitutionally recognized agreements between the Crown and Indigenous peoples. Most of these agreements describe exchanges where Indigenous nations agree to share some of their interests in their ancestral lands in return for various payments and promises. On a deeper level, treaties are sometimes understood, particularly by Indigenous people, as sacred covenants between nations that establish a relationship between those for whom Canada is an ancient homeland and those whose family roots lie in other countries. Treaties therefore form the constitutional and moral basis of alliance between Indigenous peoples and Canada.

(This is the full-length entry about Treaties with Indigenous Peoples In Canada. For a plain language summary, please see Treaties with Indigenous Peoples in Canada (Plain Language Summary).

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Crawford Purchase

The Crawford Purchase of 1783 is one of the oldest land agreements between British authorities and Indigenous peoples in Upper Canada (later Ontario). It resulted in a large tract of territory along the north shore of the upper St. Lawrence River and the eastern end of Lake Ontario being opened for settlement by displaced Loyalists and Indigenous peoples who fought for and supported Britain during the American Revolution. The Crawford Purchase is one of many agreements made during the late 18th and 19th centuries, known collectively as the Upper Canada Land Surrenders. (See also Treaties with Indigenous Peoples in Canada.)

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Covenant Chain

The Covenant Chain is the name given to the complex system of alliances between the Haudenosaunee (also known as the Six Nations and Iroquois League) and Anglo-American colonies originating in the early 17th century. The first alliances were most likely between New York and the Kanyen'kehà:ka (Mohawk). These early agreements were referred to figuratively as chains because they bound multiple parties together in alliance. Today the Covenant Chain represents the long tradition of diplomatic relations in North America, and is often invoked when discussing contemporary affairs between the state and Indigenous peoples. (See also Treaties with Indigenous Peoples in Canada.)

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Williams Treaties

The Williams Treaties were signed in October and November 1923 by the governments of Canada and Ontario and by seven First Nations of the Chippewa of Lake Simcoe (Beausoleil, Georgina Island and Rama) and the Mississauga of the north shore of Lake Ontario (Alderville, Curve Lake, Hiawatha and Scugog Island). As the last historic land cession treaties in Canada, these agreements transferred over 20,000 km2 of land in south central Ontario to the Crown; in exchange, Indigenous signatories received one-time cash payments. While Chippewa and Mississauga peoples argue that the Williams Treaties also guaranteed their right to hunt and fish on the territory, the federal and provincial governments have interpreted the treaty differently, resulting in legal disputes and negotiations between the three parties about land rights. In 2018, the Williams Treaties First Nations and the Governments of Ontario and Canada came to a final agreement, settling litigation about land surrenders and harvesting rights.