Search for "Indigenous Land Claims"

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Treaty 7

Treaty 7 is the last of the Numbered Treaties made between the Government of Canada and the Plains First Nations (see Indigenous Peoples: Plains). It was signed on 22 September 1877 by five First Nations: the Siksika (Blackfoot), Kainai (Blood), Piikani (Peigan), Stoney-Nakoda, and Tsuut’ina (Sarcee). Different understandings of the treaty’s purpose, combined with significant culture and language barriers and what some have argued were deliberate attempts to mislead the First Nations on the part of the government negotiators, have led to ongoing conflicts and claims.

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Sixties Scoop

The “Sixties Scoop” refers to the large-scale removal or “scooping” of Indigenous children from their homes, communities and families of birth through the 1960s, and their subsequent adoption into predominantly non-Indigenous, middle-class families across the United States and Canada. This experience left many adoptees with a lost sense of cultural identity. The physical and emotional separation from their birth families continues to affect adult adoptees and Indigenous communities to this day.

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The White Paper, 1969

The 1969 White Paper (formally known as the “Statement of the Government of Canada on Indian Policy, 1969”) was a Canadian government policy paper that attempted to abolish previous legal documents relating to Indigenous peoples in Canada, including the Indian Act and  treaties. It also aimed to assimilate all “Indian” peoples under the Canadian state. The 1969 White Paper was proposed by Minister of Indian Affairs and Northern Development  Jean Chrétien and Prime Minister Pierre Elliott Trudeau to widespread criticism. The policy proposed to eliminate Indian Status, incorporate First Nations under provincial government responsibilities, and impose land decisions, notions of private property and economic agendas on Indigenous communities. The backlash to the 1969 White Paper was monumental, leading not only to its withdrawal in 1970, but to a wave of activism, academic work and court decisions over the next five decades. (See also Indigenous Political Organization and Activism in Canadaand Indigenous Peoples in Canadian Law.)

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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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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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Charlottetown Accord

The Charlottetown Accord of 1992 was a failed attempt by Prime Minister  Brian Mulroney and all 10 provincial premiers to amend the Canadian Constitution. The goal was to obtain Quebec’s consent to the Constitution Act, 1982. The Accord would have recognized Quebec as a distinct society; decentralized many federal powers to the provinces; addressed the issue of Indigenous self-government; and reformed the Senate and the House of Commons. The Accord had the approval of the federal government and all 10 provincial governments. But it was rejected by Canadian voters in a referendum on 26 October 1992.

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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.

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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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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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Missing and Murdered Indigenous Women and Girls in Canada

Missing and murdered Indigenous women and girls in Canada (MMIWG) refers to a human rights crisis that has only recently become a topic of discussion within national media. Indigenous women and communities, women’s groups and international organizations have long called for action into the high and disproportionate rates of violence and the appalling numbers of missing and murdered Indigenous women and girls in Canada. Prior to the launch of the national public inquiry on 8 December 2015, these calls were continually ignored by the federal government. Described by some as a hidden crisis, Dawn Lavell-Harvard, former president of the Native Women’s Association of Canada, refers to MMIWG as a national tragedy and a national shame. In 2015, the Truth and Reconciliation Commission of Canada supported the call for a national public inquiry into the disproportionate victimization of Indigenous women and girls. The National Inquiry’s Final Report was completed and presented to the public on 3 June 2019.

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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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Royal Proclamation of 1763

The Royal Proclamation of 1763 was issued by King George III on 7 October 1763. It established the basis for governing the North American territories surrendered by France to Britain in the Treaty of Paris, 1763, following the Seven Years’ War. It introduced policies meant to assimilate the French population to British rule. These policies ultimately failed and were replaced by the Quebec Act of 1774 (see also The Conquest of New France). The Royal Proclamation also set the constitutional structure for the negotiation of treaties with the Indigenous inhabitants of large sections of Canada. It is referenced in section 25 of the Constitution Act, 1982. As such, it has been labelled an “Indian Magna Carta” or an “Indian Bill of Rights.” The Proclamation also contributed to the outbreak of the American Revolutionary War in 1775. The Proclamation legally defined the North American interior west of the Appalachian Mountains as a vast Indigenous reserve. This angered people in the Thirteen Colonies who desired western expansion.

This is the full-length entry about the Royal Proclamation of 1763. For a plain language summary, please see Royal Proclamation of 1763 (Plain Language Summary).

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Sovereignty

Sovereignty is an abstract legal concept. It also has political, social and economic implications. In strictly legal terms, sovereignty describes the power of a state to govern itself and its subjects. In this sense, sovereignty is the highest source of the law. With Confederation and the passage of the British North America Act, 1867, Canada’s Parliament was still legally under the authority of the British Parliament. By 1949, Canada had become fully sovereign in relation to Great Britain. This was due to landmark legislation such as the Statute of Westminster (1931). The Constitution Act, 1982 swept away Britain’s leftover authority. Questions of sovereignty have also been raised by Indigenous peoples in Canada and by separatists in Quebec. The latter, for a time, championed the concept of sovereignty-association.

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Confederation's Opponents

Opposition to Confederation has existed since a union of British North Americancolonies was first proposed in the late 1840s. In the eastern parts of the country, opponents generally feared that Confederation would strip power from the provincesand hand it to the federal government; or that it would lead to higher taxes and military conscription. Many of these opponents ultimately gave up and even served in the Canadian government. In the West, Indigenous peoples in the Red River Colonywere never asked if they wanted to join Confederation. Fearing for their culture and land rights under Canadian control, they mounted a five-month insurgency against the government. Many Quebec nationalistshave long sought to separate from Confederation, either through the extreme measures of the Front de libération du Québec (FLQ), or through referenda in 1980 and 1995.