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Comprehensive Land Claims: Modern Treaties

Comprehensive land claims are modern-day treaties made between Indigenous peoples and the federal government. They are based on the traditional use and occupancy of land by Indigenous peoples who did not sign treaties and were not displaced from their lands by war or other means. These claims, which are settled by negotiation, follow a process established by the federal government to enable First Nations, Inuit and Métis to obtain full recognition as the original inhabitants of what is now Canada. Settlement of these claims comprises a variety of terms including money, land, forms of local government, rights to wildlife, rights protecting language and culture, and joint management of lands and resources. Treaties are constitutionally protected, mutually binding agreements. Those signed by Indigenous peoples between 1701 and 1923 are commonly referred to as historic treaties, and modern treaties refer to those agreements negotiated since then.

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Guerin Case

The Guerin case (R. v. Guerin) resulted in a pivotal decision by the Supreme Court of Canada in 1984 about Indigenous rights. It centred on the fiduciary (guardian or trustee) responsibility of the Crown to consult openly and honestly with Indigenous peoples before making arrangements for the use of their land. (See also Duty to Consult.) For the first time, it established that the Crown has a legal responsibility to First Nations and not simply a moral one. It also recognized Aboriginal title to their land to be a sui generis (Latin for “unique”) right.

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Rights of Indigenous Peoples in Canada

It is difficult to generalize about definitions of Indigenous rights because of the diversity among First Nations, Métis and Inuit peoples in Canada. Broadly speaking, however, Indigenous rights are inherent, collective rights that flow from the original occupation of the land that is now Canada, and from social orders created before the arrival of Europeans to North America. For many, the concept of Indigenous rights can be summed up as the right to independence through self-determination regarding governance, land, resources and culture.

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Treaty 3

On 3 October 1873, some Saulteaux peoples (an Ojibwe people) and the Government of Canada signed Treaty 3, also known as the North-West Angle Treaty. This agreement provided the federal government access to Saulteaux lands in present-day northwestern Ontario and eastern  Manitobain exchange for various goods and Indigenous rights to hunting, fishing and natural resources on reserve lands. The terms and text of Treaty 3 set precedents for the eight Numbered Treaties that followed. (See also Treaties with Indigenous Peoples in Canada.)

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McIvor Case

The McIvor v. Canada case was about gender discrimination in section 6 of the 1985 Indian Act, which deals with Indian status. Sharon McIvor — a woman who regained status rights after the passing of Bill C-31 in 1985 — was not able to pass on those rights to her descendants in the same way that a man with status could. In her case against the federal government, the British Columbia Supreme Court ruled in 2007 that section 6 did, in fact, deny McIvor’s equality rights under the Canadian Charter of Rights and Freedoms. In response to this case, the federal government introduced new legislation (Bill C-3) in 2011 to counter gender discrimination in the Indian Act.

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Enfranchisement (Plain-Language Summary)

Throughout much of Canadian history, a First Nations person would lose their Indian status if they were enfranchised. An enfranchised person is someone who has the right to vote in elections. A First Nations person who is deemed a Status Indian has certain rights and benefits granted to them through the Indian Act.

(This article is a plain-language summary of Enfranchisement. If you are interested in reading about this topic in more depth, please see our full-length entry Enfranchisement).

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Truth and Reconciliation Commission

The Truth and Reconciliation Commission of Canada (TRC) was officially launched in 2008 as part of the Indian Residential Schools Settlement Agreement (IRSSA). Intended to be a process that would guide Canadians through the difficult discovery of the facts behind the residential school system, the TRC was also meant to lay the foundation for lasting reconciliation across Canada.

This is the full-length entry about the Truth and Reconciliation Commission. For a plain language summary, please see Truth and Reconciliation Commission (Plain Language Summary).

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Truth and Reconciliation Commission (Plain-Language Summary)

The Truth and Reconciliation Commission (TRC) started working in 2008. It was a result of the Indian Residential Schools Settlement Agreement (IRRSA). The IRRSA recognized the suffering and trauma experienced by Indigenous students at residential schools. It also provided financial compensation (money) to the students. The TRC performed many tasks. It created a national research centre. It collected documents from churches and government. It held events where students told their stories. Also, it did research about residential schools and issued a final report. (See also Reconciliation in Canada.)

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Gerald Stanley Case

On 9 February 2018, Gerald Stanley, a white farmer in rural Saskatchewan, was acquitted of murder and manslaughter in the killing of Colten Boushie, a 22-year-old Cree man. The acquittal caused great controversy but was not appealed by prosecutors. However, it led the Justin Trudeau government to abolish peremptory challenges, which allowed Stanley’s legal team to keep five Indigenous people off the all-white jury that acquitted him. In 2021, an investigation conducted by a civilian watchdog concluded that that the RCMP was insensitive and racially discriminatory toward Boushie’s mother, and that the police mishandled witnesses and evidence. A Globe and Mail investigation also found that the RCMP “destroyed records of police communications from the night Colten Boushie died.”

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Great Peace of Montreal, 1701

On 4 August 1701, the French concluded a peace agreement with the Five Nations Haudenosaunee (Iroquois). This brought to an end almost a century of hostilities marked by atrocities on both sides. The Haudenosaunee were permitted to trade freely and to obtain goods from the French at a reduced cost. In exchange, they pledged to allow French settlement at Detroit and to remain neutral in the event of a war between England and France. The accord assured New France superiority in dealing with issues related to the region’s First Nations. It also gave the French the freedom to expand militarily over the next half century.

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Native People's Caravan

The Native People’s Caravan was a cross-country mobile protest that took place in 1974. Its main purpose was to raise awareness about the poor living conditions and discrimination experienced by Indigenous peoples in Canada. It travelled from Vancouver to Ottawa, where the subsequent occupation of a vacant warehouse on Victoria Island, near Parliament Hill, extended into 1975. The caravan brought various Indigenous groups together in protest of broken treaties, as well as a lack of government-supported education, housing and health care. As a result, meetings between Cabinet ministers and Indigenous leaders became more frequent. The protest is remembered as an important turning point in Indigenous activism in Canada.

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Temperance Movement in Canada

The temperance movement was an international social and political campaign of the 19th and early 20th centuries. It was based on the belief that drinking was responsible for many of society’s ills. It called for moderation or total abstinence from alcohol. This led to the legal prohibition of alcohol in many parts of Canada. The Canada Temperance Act (Scott Act) of 1878 gave local governments the “local option” to ban the sale of alcohol. In 1915 and 1916, all provinces but Quebec prohibited the sale of alcohol as a patriotic measure during the First World War. Most provincial laws were repealed in the 1920s in favour of allowing governments to control alcohol sales. Temperance societies were later criticized for distorting economic activity, and for encouraging drinking and organized crime.

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Oka Crisis

The Oka Crisis, also known as the Kanesatake Resistance or the Mohawk Resistance at Kanesatake, was a 78-day standoff (11 July–26 September 1990) between Mohawk protesters, Quebec police, the RCMP and the Canadian Army. It took place in the community of Kanesatake, near the Town of Oka, on the north shore of Montreal. Related protests and violence occurred in the Kahnawake reserve, to the south of Montreal. The crisis was sparked by the proposed expansion of a golf course and the development of townhouses on disputed land in Kanesatake that included a Mohawk burial ground. Tensions were high, particularly after the death of Corporal Marcel Lemay, a Sûreté du Québec police officer. Eventually, the army was called in and the protest ended. The golf course expansion was cancelled and the land was purchased by the federal government. However, it did not establish the land as a reserve, and there has since been no organized transfer of the land to the Mohawks of Kanesatake.

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Nobel Prizes and Canada

The Nobel Prizes are awarded annually for achievements that have significantly benefitted humankind. The prizes are among the highest international honours and are awarded in six categories: physics, chemistry, physiology or medicine, literature, peace, and economics. They are administered by the Nobel Foundation and awarded by institutions in Sweden and Norway. Eighteen Canadians have won Nobel Prizes, excluding Canadian-born individuals who gave up their citizenship and members of organizations that have won the peace prize.

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Manifest Destiny

The term Manifest Destiny was first used in 1845 by New York City journalist John Louis O’Sullivan. He used the term in the context of America’s annexation of the Republic of Texas. Manifest Destiny represented the idea that it was America’s right — its destiny, in fact — to expand across all of North America. Politicians and citizens in the United States called for the US to expand by claiming control of British territory. This included the Province of Canada (formerly Upper Canada and Lower Canada), New Brunswick and Nova Scotia.

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Canadian Identity

The question of what it means to be a Canadian has been a difficult and much debated one. Some people see the question itself as central to that identity. Canadians have never reached a consensus on a single, unified conception of the country. Most notions of Canadian identity have shifted between the ideas of unity and plurality. They have emphasized either a vision of “one” Canada or a nation of “many” Canadas. A more recent view of Canadian identity sees it as marked by a combination of both unity and plurality. The pluralist approach sees compromise as the best response to the tensions — national, regional, ethnic, religious and political — that make up Canada.

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Territorial Government in Canada

Under Canada’s federal system, the powers of government are shared between the federal government, provincial governments and territorial governments. The territories — Northwest Territories, Nunavut and Yukon — are governed by their respective governments. They receive their legislative authority (the ability to create laws) from the federal government. Ottawa has given territorial governments authority over public education, health and social services; as well as the administration of justice and municipal government. More and more of these powers have been handed down from the federal government in a process called devolution. Crown-Indigenous Relations and Northern Affairs Canada is the federal ministry responsible for the territories.