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Powley Case

R. v. Powley was a legal case concerning Métis hunting rights in Canada. In 1993, the province of Ontario charged Steve and Roddy Powley with illegal hunting. The Powleys disputed their conviction, arguing that the Aboriginal rights enshrined in section 35 of the Constitution Act, 1982 protected their hunting rights as Métis people. The case concluded in 2003, when the Supreme Court of Canada ruled that the Powleys were, in fact, exercising lawful Métis hunting rights. The Powley case established criteria on who can legally qualify for Métis rights. It outlined 10 specific criteria, known as the Powley Test, which applies to Métis communities across Canada. The case also clarified that the Métis are a distinct people, separate from First Nations and Inuit peoples in Canada. Some legal experts believe the Powley case might lead to expanded Métis rights, including harvesting and fishing rights and possibly self-government.

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Highway of Tears

The Highway of Tears refers to a 724 km length of Yellowhead Highway 16 in British Columbia where many women (mostly Indigenous) have disappeared or been found murdered. The Highway of Tears is part of a larger, national crisis of missing and murdered Indigenous women and girls. In 2015, the federal government launched a national inquiry into these cases.

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Delgamuukw Case

The Delgamuukw case (1997) (also known as Delgamuukw v. British Columbia) concerned the definition, the content and the extent of Aboriginal title (i.e., ownership of traditional lands). The Supreme Court of Canada observed that Aboriginal title constituted an ancestral right protected by section 35(1) of the Constitution Act, 1982. Influenced by the Calder case (1973), the ruling in the Delgamuukw case had an impact on other court cases about Aboriginal rights and title, including in the Tsilhqot’in case (2014).

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Duty to Consult

The duty to consult is a statutory, contractual and common law obligation that must be fulfilled by the Crown prior to taking actions or making decisions that may have consequences for the rights of Indigenous peoples in Canada. The duty to consult has been affirmed and clarified by various Supreme Court of Canada rulings, such the Haida case (2004) and the Beckman v. Little Salmon/Carmacks case (2010). The duty to consult is considered by many to be an important step toward reconciliation with Indigenous peoples.

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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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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.

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Indigenous Land Claims

In 1973, federal policy divided Indigenous legal claims into two broad categories: ​comprehensive (known as modern treaties); and ​specific, which make claims based on pre-existing treaties or agreements.

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Rights of Indigenous Peoples in Canada

It is difficult to make generalizations 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 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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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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Indian Act

The Indian Act is the principal statute through which the federal government administers Indian status, local First Nations governments and the management of reserve land and communal monies. It was first introduced in 1876 as a consolidation of previous colonial ordinances that aimed to eradicate First Nations culture in favour of assimilation into Euro-Canadian society. The Act has been amended several times, most significantly in 1951 and 1985, with changes mainly focusing on the removal of particularly discriminatory sections. The Indian Act pertains only to First Nations peoples, not to the Métis or Inuit. It is an evolving, paradoxical document that has enabled trauma, human rights violations and social and cultural disruption for generations of First Nations peoples. The Act also outlines governmental obligations to First Nations peoples, and determines “status” — a legal recognition of a person’s First Nations heritage, which affords certain rights such as the right to live on reserve land.

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Treaties 1 and 2

Treaties 1 and 2 were the first of 11 Numbered Treaties negotiated between 1871 and 1921 Treaty 1 was signed 3 August 1871 between Canada and the Anishinabek and Swampy Cree of southern Manitoba. Treaty 2 was signed 21 August 1871 between Canada and the Anishinabe of southern Manitoba.

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Treaty 6

​Treaty 6 was signed by Crown representatives and Cree, Assiniboine and Ojibwa leaders on 23 August 1876 at Fort Carlton, Saskatchewan, and on 9 September 1876 at Fort Pitt, Saskatchewan. The treaty boundaries extend across central portions of present-day Alberta and Saskatchewan.