Aboriginal Peoples

Douglas BrownSt Francis Xavier University

March 2013

Aboriginal Peoples: Outline of Topics

Names and key concepts Early treaties and history of rightsSuppression and assimilation Resurgent aboriginal nationalismKey developments since the 1980sThe Challenge of Self-government

Readings

Stephen Brooks Canadian Democracy, chapter 16 “Aboriginal Politics”

Martin Papillon “The (Re)Emergence of Aboriginal Governments” chapter 9 in Bickerton and Gagnon (eds) Canadian Politics (5th edition)

What’s in a name …?

Natives“Indians, Eskimos, and Métis”Indigenous, Aboriginal, aboriginees,

Amerindian“First Nations”Their names:

Inuit, Mi’kmaw, Cree, Mohawk, Nisga’a,Siksika, Dogrib, Anishnabe, Dene, Gits’kan and

so on

Key terms and concepts

Indian Act / Indian bands/ reservesStatus/non-status Aboriginal PeoplesAboriginal rightsAboriginal titleSelf-governmentTreaty federalism

History of TreatiesEarly French and British treaties

Aboriginal nations have autonomy and independence A confederal relationship with the Crown?Title to land and resources held unless ceded

Royal Proclamation of 1763A Nation-to-nation relationship under Crown sovereigntyProvides protection of aboriginal title to the land (and

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

Numbered Treaties (1-11): 1871-1921Cover most of southern Canada west of Quebec, east of

Rockies. Ceded (?) land in return for guarantees of money, education, healthcare.

History of Aboriginal Rights

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

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

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

Indian Acts suppress Aboriginal autonomy and culture, and

Reserve system isolates and marginalizes First Nations

Rise of Aboriginal Nationalism

Rejection of Trudeau Government’s 1969 “White Paper”

Rise of a national “Indian Lobby” Growth and diversity of national aboriginal

political organizationsIncreasingly militant politicsInfluence of academic research and post-

colonial ideology

Aboriginals and Constitutional Reform

Constitution Act 1982: section 35 entrenches general aboriginal rights and commits to further negotiation

“Aboriginal round” of negotiations, 1983-87, fails to define key rights including self-government

Aboriginal peoples left out of Meech Lake process, 1987

Aboriginal peoples representatives participate fully in “Canada Round” and in negotiation of the provisions of Charlottetown Accord (although the accord failed to pass in the national referendum)

Progress through other means, 1990 onwards…1

Major court judgments extend and define aboriginal rights: Calder, Sparrow, Sioui, Marshall

Oka Crisis, summer 1990: armed standoff and greatly increased profile for aboriginal grievances

Royal Commission on Aboriginal Peoples (RCAP) (1991-96) -- redefines the terms of debate towards a nation-to-nation relationship (but not fully acted upon)

Progress through other means, 1990 onwards…2

Nisga’a Final Agreement, 1998Nunavut Territory, 1999Acceleration of more autonomous First Nations

governance (i.e. Indian bands)Land claims and treaty processes continueHarper government’s Residential Schools

apology and compensation package

Exercising Self-Government

Supreme Court recognizes that s. 35, Constitution Act implies an “inherent right” -- but details still being worked out.

Indian Act constraints -- 640 band councils – considered by some as too small to be effective

Practical concerns: Fiscal resources Administrative capacityDemocratic accountability

Three Perspectives on Aboriginal Rights and Self-Government

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

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

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

1. 1996 Royal Commission

Restore the nation-to-nation relationship; dual citizenship

Consolidate Indian bands into original national groups, i.e. 50-60 First Nations

Settle outstanding land claims, renew and revive treaties

Recognize First Nations’ autonomous governing authority as a third order of government

2. Flanagan – the Neo-liberal view

Aboriginals not that different from other Canadians in their life-style

There can only be one nation (Canada)Aboriginal self-government is wasteful and

fractiousDo not renew or upgrade treatiesDo not encourage dependence on remote

reserve communities Concentrate on land, economic development

and property rights instead

3. Cairns’ “Citizens Plus”

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

Recognizes power of aboriginal nationalism and accepts aspects of dual citizenship

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

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

Concluding Points

Aboriginal Rights are here to stayOur system probably has enough flexibility

to accommodate themBut, negotiations will take a long time and

continuing good willCanada and Canadians will be judged on

how well we do