Chapter 4 Focus Question:

To what extent has Canada

affirmed collective rights?

What are collective rights?

Rights held by Canadians who
belong to one of several groups in
society.
They are recognized and
protected by Canadas
constitution.

Why do only some

people have collective
rights?

Collective rights recognize the

founding peoples of Canada.
Canada wouldnt exist today
without the contribution of
these peoples.

So, who holds collective

rights in Canada?
Aboriginal peoples, including
First Nations, Metis and Inuit
people
Francophones
Anglophones

FIRST NATIONS COLLECTIVE RIGHTS

THE NUMBERED TREATIES

Eleven "Numbered Treaties" were

signed between 1871 and 1921 as
the Canadian government began to
pursue settlement, farming and
resource development in the west
and north of the country.

The terms of the treaties

differed, but in most cases
First Nations agreed to share
their land and resources in
exchange for education,
hunting and fishing rights,
reserves, farming assistance
and annuities.

For example, Treaty 7

made provisions for
one square mile of
land for each Indian
family, plus a limited
supply of cattle, some
farm equipment (one
plow for each band)
and a small amount of
treaty and
ammunition money.

The treaty also made limited

commitments on the part of the
Queen to provide education for
children and in some cases, medical
services.

RESERVES
This map
shows the
location of
First Nation
reserves in
Alberta.

Land set
aside for the
exclusive
use of First
Nations

Both the Canadian

government and the First
Nations had their own
reasons for signing the
Numbered Treaties. Use the
following pictures to
determine what the reasons
could have been.

The eradication of the

buffalo meant social and
economic upheaval for
some First Nations
peoples. They saw the
Treaties as a way to

BC had joined Confederation on

the condition that Canada would
build a railway within ten years to
link the province with the rest of
Canada.
The railway also allowed a large
number of immigrants to migrate
to Canadas West in hopes of a
better life. They had been
promised land by the government.
Both of these issues required that

Small pox
epidemics had
taken a horrible
toll on the First
Nations both
socially and
economically.

Both First Nations and Canadas

government wanted to avoid wars over
territory like those happening in the
United States. The treaties provided a
peaceful way of meeting the needs of

WHAT DO YOU THINK?

Do you feel that the needs of both
parties - the Canadian government
and the First Nations - were equal?
Did one group need the Treaties more
than the other?
Did both groups benefit equally from
the Treaties? Explain.

The perspective of each

group played a role in how
they negotiated and
interpreted the Treaties:

Treaty negotiations took

place in several languages
and relied on interpreters.
Sometimes meaning or
connotation was lost in the
translation and the two
parties came away with a
different view of what had
been agreed to.

First Nations recorded the Treaties

in their own language as oral
histories while Canadas
government recorded them in
written English. What problems
could arise from this?
Sometimes the oral history
and the written word dont
agree.

First Nations never believed that

land could be owned - they did
not understand the European
practice of fencing land - and
therefore, see the Treaties as an
agreement to share the land with
the Canadian government;
however, the government
believes the First Nations gave up
their land under the Treaties.

Treaty Number Six has a provision for

health care. One clause allows a medicine
chest to be kept in the Indian agents
home for the use and benefit of the First
Nations. Some people felt that this
provision extended to everyone who
signed the Numbered Treaties. Others
went so far as to later interpret this
provision as an eternal promise by the
government to provide free health care
to all First Nations people in Canada.

WhattheFirstNationsthoughtthey
wereGetting
WhatIwillpromise,andwhatIbelieveandhope
youwilltake,istolastaslongasthesunshinesand
theriversflowIseetheQueenscouncilorstaking
theIndianbythehandandsayingwearebrothers,
wewillliftyouup,wewillteachyouandreceive
moneyfromtheQueensCommissionersto
purchaceclothingfortheirchildren;atthesame
time,Iseethemenjoyingtheirhuntingandfishing
asbefore,Iseethemretainingtheiroldmodesof
livingwiththeQueensgiftsinaddition
AlexanderMorris,LieutenantGovernor,1876

WhattheFirstNationsActuallyGot
CanadasgovernmentpassedtheIndian
Act,withouttheconsultationoftheFirst
Nationspeoples,becausetheyviewedthe
nativesasneedingtheirguidance.In
essencetheActgavetheCanadian
governmenttherighttocontrolallaspects
ofthenativecommunitiesincluding:

FirstNationswereforcedontoreservesthatlackedfertilesoil,meansto
fishorhunt,thatisolatedthemfromthewhitepopulation.

Thegovernmentappointed(white)IndianAgentstorunreserves.

Chiefsofanybandswererestrictedtorunforatermof3years,unlessthe
federalgovernmentdecidedtoremovethem.

FirstNationspeopleswererequiredtoobtaingovernmentpermissionto
weartraditionalclothing.

Thegovernmentbannedtraditionalceremonies.

TheFirstNationswerebannedfromtakingpoliticalaction.

FirstNationschildrenwereforcedtoattendpublicresidentialschools.
Theywereremovedfromtheirfamilies.Theywerenotallowedtowear
traditionalclothingorspeaktheirtraditionallanguage.

CongressofAboriginalPeoples
Perspective
Watchthevideolinkedinmoodletitled
CAPPerspectiveontheIndianAct

WhatistheIndianAct?
Itisfederallegislationrelatedtotherightsand
statusofFirstNationsPeoples(status
Indians),firstpassedin1876andamendedin
severaltimes.

WhyisitImportant
Notonlywasitthefirstdocumentoutlining
thestatusandrights(orlimitationof)the
aboriginalpeoplesofCanadaitalsoreflects
howtheGOVERNMENTunderstoodthe
laterTREATIESthatcameaftertheIndian
Act.

UnderthisAct
Thegovernmentisabletodevelopspecific
policiesandprogramstoadministerTreaty
rightstoFirstNations.
ThecollectiverightsofFirstNationspeople
wasaffirmed.
ItDEFINESwhomatberegisteredasa
STATUSINDIANwithTreatyrights.

ProblemswiththeAct

ASSIMILATION

forceadominantcultureontopeoplesfromanotherculture

1. ItaimedtoassimilateFirstNationsPeople

ItdefinedhowFirstNationspeopleshadtoconducttheir
affairs(i.e.bandelections)evenwhentheyhadtheirown
systemofgoverningthemselves
Attimesinhistory,theactrestrictedFirstNationspeoples
fromtravelingfreely,takingpoliticalaction,wear
traditionaldress,andtotakepartintraditionalceremonies.
Until1960,theactrequiredFirstNationstogiveuptheir
legalidentityandTreatyrightstogaintherighttovote.

ProblemswiththeActCont.
ItcreatedofficialsforeachreserveIndian
Agentswiththepowertodecideindividually
howthegovernmentwouldfulfillitsduties.This
meantthereweremanyinterpretationsofwhat
Treatyrightsmeantonacasebycasebasis.
Theactwasmadein1876.Atimewhenthe
governmentthoughtitwasokaytomakelawsfor
FirstNationswithoutconsultingthem.(Thisis
becauseinthepast,Canadascolonialsystem
practicedETHNOCENTRISMthisisthebelief
thatonescultureissuperiortoallothercultures).

WhathasHappenedOvertheYears?
PressurefromFirstNationshascaused
CanadasgovernmenttorevisetheIndian
Actseveraltimes.
TheActremainsinforcetoday.
SIDEBAR:
First Nations and Canadas
government agree that the
Indian Act needs updating.
But First Nations rejected the
governments attempt in 2002.

FirstNationswereforcedontoreservesthatlackedfertilesoil,meansto
fishorhunt,thatisolatedthemfromthewhitepopulation.

Thegovernmentappointed(white)IndianAgentstorunreserves.

Chiefsofanybandswererestrictedtorunforatermof3years,unlessthe
federalgovernmentdecidedtoremovethem.

FirstNationspeopleswererequiredtoobtaingovernmentpermissionto
weartraditionalclothing.

Thegovernmentbannedtraditionalceremonies.

TheFirstNationswerebannedfromtakingpoliticalaction.

FirstNationschildrenwereforcedtoattendpublicresidentialschools.
Theywereremovedfromtheirfamilies.Theywerenotallowedtowear
traditionalclothingorspeaktheirtraditionallanguage.

WhattheyHad
BeforetheNumberedTreatiesandthe
IndianAct,thenativeshadtheirownway
ofgoverningthemselves.Theyhada
distinctculturewiththeirownreligion,
traditionalceremonies,language,andoral
history.Theylivedoffthelandand
providedfortheirfamiliesthrough
traditionalmethodsoffarmingandhunting.

WhattheyHave
TheCanadianGovernmentbelievedthatWe
needtomaketheIndiansleadthenormalliveof
theordinaryCanadiancitizenTRMacInnis,IndianAffairs
1939Bytryingtoassimilatethenativepopulation
thegovernmentstrippedtheFirstNationspeople
ofanyandallrecognizablenativecultureand
traditionalwaysoflife.Thenexpectedthemtogo
peacefullyintotheabyssoftheirreservestofend
forthemselvesandnottobotherthewhiteagain.

AProblemwithChange
NowboththeCanadianGovernmentand
theFirstNationspeopleseetheflawsinthe
NumberedTreatiesandtheIndianAct.The
problemis,neithersidecanagreeonwhat
changesneedtobemade.

LAW VERSUS POLICY

According to the Numbered Treaties,
the federal government was
responsible for providing education to
First Nations. This was a condition
that had to be followed - a LAW.
The POLICY of the federal government
was to provide this education through
residential schools.

RESIDENTIAL SCHOOLS
Watch the video linked on Moodle titled
A New Future for Residential School
Students. While watching this video
clip, think about how, or if, it is biased.
Be ready to explain your position, using
specific examples.
Next, watch the TWO videos titled
Residential School: A Shameful Aspect
of Canadian History for a firsthand
account of what really occurred in
residential schools, and the after effects.