We are All Treaty People

The Importance of Treaties for All Canadian

Presentation to Aboriginal Peoples’ Health and Healing at Dalhousie

by : Naiomi W. MetallicPresented by: Sara Swasson

Nova Scotia

There are 24,175 people of Aboriginal identity in Nova Scotia - an increase of 42% since 2001.

Aboriginal people make up 2.7% of the total population of Nova Scotia (the largest minority group in NS).

There are 14,958 Status Indians registered to Nova Scotia bands.

TRUE OR FALSE?When Europeans first arrived in North America, they conquered the Aboriginal people through war?

False. The first 200-250 years of interaction between Aboriginal people and Europeans settlers was characterized by reliance, mutual-respect and recognition.

Early Relations (16th to 19th centuries) Europeans relied on the Aboriginal people to survive

the climate, become familiar with food sources. Trading partners Military allies Royal Proclamation of 1763 Peace and Friendship Treaties

– Europeans recognized Aboriginal people’s laws and customs, and rights to the land.

– Aboriginal people seen as distinct nations and British Crown made treaties with on this basis.

Later would come the Numbered Treaties

Change in the dynamic (1850s onward) Four factors:

1. Demographic shift – non-Aboriginal outnumbered Aboriginal people

2. Death of the fur trade and focus on resource-based economy

3. Change from objective of exploration to settlement

4. Ideology of superiority – civilized and savage nations

Consequently, Aboriginal people viewed as a burden – i.e., “the Indian Problem”

The solution to the Indian Problem: Assimilation

“I want to get rid of the Indian problem. I do not think as a matter of fact, that this country ought to continuously protect a class of people who are able to stand alone. … Our object is to continue until there is not a single Indian in Canada that has not been absorbed in into the body politic, and there is no Indian question, and no Indian Department.”- Duncan Campbell Scott, Deputy Minister, Indian Department, 1929

The Indian Act was used to discriminate against First Nations in many ways:1. Abolish traditional forms of Aboriginal governance -

1869 onwards

2. Criminalize spiritual practices and ceremonies - 1880 – 1951

3. Criminalize the practice of traditional subsistence activities by First Nations

4. In Prairie provinces, sale of crops and livestock off-reserve not permitted unless approved by Minister - 1886 forward

More examples of discrimination under the Indian Act:5. Residential and Indian Day School - 1868-1980s6. Restrict Aboriginal peoples’ access to the courts to

bring claims - 1926-19517. Control who could be an “Indian” - 1868 to today

a. Voluntary Enfranchisement - 1869 – 1985- A means for Indians “of good character” (as determined

by a board of non-Aboriginal examiners) to be declared “non-Indian”

b. Compulsory Enfranchisement – 1876 – 1951- Automatic loss of Indian status if became doctor, lawyer,

a priest / nun, got any type of University degree, or traveled outside Canada for over 5 years without permission of Minister.

And more…a. Status passing through male-line only – 1869-1985

Indian women who married non-Indian lost status Their children also lost status Indian men who married non-Indian women not subject to

same rules. Wives and children gained status.

b. Illegitimate children (1876 - 1985) - could lose status “if the Registrar is satisfied that the father of the child was not an Indian...”

c. Double Mother Rule (1951 - 1985) – person would lose status if mother and maternal grandmother had no Indian ancestry.

Challenges to Indian Act discrimination

Between 1926-1951 it was illegal for First Nations to hire a lawyer

Post-WWII, revulsion to Nazi treatment of Jews led to changes in treatment of minorities around the world

UN Declaration on Human Rights (1948) Adoption of human rights codes in Canada in

1960s and Canadian Bill of Rights

White Paper (1969)

Proposed elimination of Indian Act and all that remained of special relationship between Aboriginal people and Canada

Aboriginal reacted with strong resistance - they saw this form of imposed ‘equality’ as a coffin for their collective identities - the end of their existence as a distinct people

National Aboriginal organizations created as a result – results in greater advocacy for collective rights

Aboriginal and Treaty rights and Title Calder v. British Columbia (Attorney General) (1973)

– Aboriginal title exist at common law Afterwards, Canada reverses long-standing position

of not negotiating native claims– Specific claims – reserve land, trust funds, treaty entitlement– Comprehensive claims – claims to unceded Aboriginal lands

(modern land claims)– Self-government agreements

Section 35 of the Constitution Act, 1982 recognizes and affirms Aboriginal and Treaty rights

Section 35(1) of the Constitution Act, 198235. (1) The existing aboriginal and treaty rights of the

aboriginal peoples of Canada are hereby recognized and affirmed.

- Came as a result intense political pressure by Aboriginal groups and court challenges

- It was intended that Aboriginal rights would be defined through further constitutional amendments.

- But that never materialized and interpreting section 35 has fallen to the courts.

Section 35(1) litigation

The “promise of s. 35(1)” the Supreme Court of Canada has said is

To recognize the fact that prior to the arrival of Europeans in North America the land was already occupied by distinctive aboriginal societies, and to reconcile that fact with the assertion of Crown sovereignty over Canadian territory.

(Van der Peet, SCC)

Key cases

Simon 1985 – recognition of Mi’kmaq treaty rights – Since this case, Oct. 1 of every year has been recognized as

“Treaty Day” in Nova Scotia.

Sparrow 1990 – recognition of Aboriginal rights Delgammukw 1996 – recognition of Aboriginal title Marshall 1999 – recognition of Mi’kmaq treaty rights to

hunt and fish for a moderate livelihood Haida 2004 – recognition of a duty to consult and

accommodate regarding existing and asserted rights Tsilqot’in 2014 – finding of Aboriginal title to 6,000

hectares in interior of BC

Neglect and underfunding First Nations often a political hot-potato Results in a lot of legislative ‘gaps’ on

reserve Also results in under-funding to programs

on reserve– Child welfare– Education– Health services– Housing…

Reality Check Aboriginal people are three

times more likely than non-Aboriginals to be victims of violent crime.

Aboriginal people, while they represent only 3.8% of the Canadian population, account for 18% of those who are incarcerated in federal institutions.

Only 8% of Aboriginal peoples, aged 25-34, have a university degree compared to 28% of all Canadians?

Only 24% of Aboriginal peoples under 25 able to converse in an Aboriginal language.

One in four First Nation child live in poverty.

Diabetes among First Nations people is at least three times the national average.

23% of Aboriginal people live in houses in need of major repairs, compared to just 7% of the non-Aboriginal population.

There are more than 100 First Nations communities under boil water advisories.

High school graduation rates for First Nations youth are half the Canadian rate.

There are more First Nations children in foster care then there were in residential schools when these schools were at their height.

First Nations youth commit suicide at five to eight times the Canadian rate.

Settler Treaty membership entitles the card-holder to: share this territory (except reserves) with First Nations people and move freely throughout it; freedom of religion; freedom to engage in economic activities and to use the land for the purposes of agriculture; the right to self-government (including trade and taxation, determination of citizenship, social services such as child welfare, health and education); and peace and goodwill.

Card holders are required to recognize the reciprocal treaty rights of First Nations, including: freedom of movement throughout this shared land as well as those territories reserved for the exclusive use of First Nations; freedom of religion; freedom to engage in economic activities and assurance to a right to a livelihood as well as assistance in times of need; self-government (including trade and taxation, determination of citizenship, and social services); and peace and good will. All rights of both settlers and First Nations are further delimited by our shared responsibilities to maintain good relations and to be good stewards of the land.

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End Wela’lioq