10 Canadian Indians

1. INTRODUCTON

The protection of the indigenous people throughout the world has been enhanced by the landmark adoption of the UN Declaration on the Rights of Indigenous Peoples in 2007. According to Jeremie Gilbert (2005) there are around 300-500 million indigenous peoples populate around the world. The identity of indigenous people lies to their distinct tradition, culture, language, and moreover the emotional attachment to the land and resources they live. They are considered to be the descendant of the first known inhabitants of the land they reside. The strong sense of self-identity and distinct culture set them apart from the dominant sections of the society. Section 35(2) of the Constitution Act – 1982 includes Indian, Inuit and Métis peoples of Canada as “Aboriginal peoples”. This module attempts to discuss different aspects of the rights of Canadian Aboriginals, a distict minority generally known as First Nations (Indians).

Learning Outcomes:

1. To introduce students to the different aspects of the rights of the indigenous peoples of Canada called the ‘Aboriginal Peoples”, a distinct minority group generally known as First Nations (Indians).
2. To enable students understand and analyze the historical perspectives relating to land and survival, cultural assimilation, and the state of these peoples in the twentieth century.
3. To also introduce the students to the protection regime concerning Canadian Indians, especially the rights concerning political participation and the ownership of immovable property.

2. ABORIGINAL PEOPLES OF CANADA

2.1 Historical Perspective on Survival: Land and Resources

The course of aboriginal relations to the land and resources in the entire continent of North America before the European explorers was worth sufficient for survival. The Aboriginal peoples were having different lifestyles ranging from nomadic to settled farmers such as the Iroquois. The attachment to the land and resources was not only emotional but a complete foundation of socio-economic enterprises. Within different cultures and traditions, they were able to support the Mother Nature to become sustainable and harmonious for generations.

The arrival of Europeans in Canada deeply altered the Aboriginal people’s fundamental relations to the land and resources they live. The white man imposed different laws like Indian Act and many major and minor treaties which significantly redefined the European – Aboriginal relations within the country. Long before the arrival of European fur traders or settlers in what is now called Canada, Aboriginals were governed by unwritten customs and treaties sufficient for the resolution of land and other disputes including war. The British colonial masters imposed written treaties which sometime did not include oral promises made to the Aboriginals making them miserable.

The early seventeenth century was symbolic of treaty’s negotiations between the Thirteen Colonies (later became the United States) and the six-nation Iroquois Confederacy. The successful treaties were symbolically represented by iron or silver chains. The mid of eighteenth century around 1753, the chain was broken blaming that Anglo-American settlers were occupying the land of confederacy without any consultations to the six-nations in the chain. The chain was restored in 1754 by colonial masters in a peaceful manner with Aboriginals.

The treaty achievement of the early eighteenth century was the Great Peace of 1701 which ended hundred years war between Iroquois Confederacy and the New France and its allies. The significance of this treaty was lauded high in what is now Canada as it established the course of negotiations between First Nations peoples and European representatives to settle their disputes. Despite frequent wars between Aboriginals and Europeans, the cultural coexistence reproduced a new section within the existing society. The European man started to marry Aboriginal woman founding the basis of Métis population of Canada.

The impact of treaty negotiation enlarged the scope of peaceful coexistence of Europeans in other parts of Canada. Many colonial governments, now covered by New Brunswick, Nova Scotia and the North-Eastern United States, began to sign peace agreements with Aboriginal peoples – one such example is the first Peace and Friendship Treaty 1725.

Another chapter of European – Aboriginal relations was added by the Royal Proclamation of 1763 which for the first time introduced the land cession negotiations in public with the representatives of the British Crown and the result would be recorded in written treaties. Britain can purchase the Aboriginals fishing and hunting grounds allowing them to fish and hunt on the same. The concept of land ownership created great confusion among Aboriginals as the land was a gift of the Creator for the survival purposes, not to buy or sale. The system of surrendering the land brought further injustice to Aboriginals. The Colonial governments in due course of time signed many peace and land treaties with Aboriginal peoples consolidating their control. The independent nature of Aboriginal nations was diminishing its status.

The Constitution Act of 1791 divided newly created Quebec province in Upper and Lower Canada to further the interest of Colonial governments. The British used the land taken from the Aboriginals to develop large settlements in exchange of small reserve lands for them. The systematic construction of churches helped cultural transformation of Aboriginals to Christianity. The attempts were continuously made to acquire the Aboriginals land for different purposes like mining, establishment of industries, etc. Gifts, cash, clothing, blankets, etc, and moreover the creation of reserve land for Aboriginals were promised by Colonial governments, most often not fulfilled.

The advances in treaty negotiation empowered the newly created federal government of Canada in place of Colonial representatives to regulate the affairs of Aboriginals and the reserves. Soon the Aboriginals came to know the awful motives of federal government regarding land acquisitions and cultural assimilation. The scarcity of resources and the hazardous diseases forced them to do nothing but the protest. The government further signed many Numbered Treaties, the objective of which was to completely denounce the Aboriginals rights to land “forever”. In exchange of giving-up rights to land, the returns were as usual including limited reserve land, gifts, clothing, allowances for farming, hunting and fishing, schools if desired, and the responsibility of the government to provide infrastructures. These too if complied with the law and order and liquor off the reserve.

2.2 Historical Perspective on Survival: Status

Besides the miserable conditions which subjugated Aboriginals until the end of nineteenth century, for the first time in 1876 in Canadian Aboriginal history an Indian agent was allowed to keep medicine box at his home to fulfil the promise of free health care. The Treaty Number Six was signed in 1876 after much resistance which was claimed to be unique in matters of health care provisions to its precedents. The Plains and Woods Cree community chief was forcing the government to prohibit the unchecked movement of European settlers to Prairies unto westwards displacing the Aboriginal peoples. The resistance could no longer continue because of the scarcity of resources pushing them in a situation where they had no choice but to move the reserve land. Treaty Number Six is sometime interpreted to extend free health care services to all the Aboriginals of Canada, forever.

The provisions of previous treaties were consolidated by the introduction of the Indian Act – 1876 in favour of Aboriginal’s status in the State. The State had recognized Aboriginals vicinity as the legal zone. The Act had classified Indians under the law, as for example Métis people considered “half breed” – descendent of European male married to Aboriginals woman – were no more availing Aboriginals status. They were rather considered to be white by the government. In contrast, if any white woman married to any Aboriginal male would be considered having Indian status with all the cultural and social benefits of the reserve. The Aboriginal woman if married to a white European man consequently losing her India status and the rights thereupon. They were considered to be bonafied member of the Canadian society by the government.

2.3 Historical Perspective on Survival: Cultural Assimilation

There were no new treaty negotiations in certain parts toward the end of the nineteenth century. The federal government still was not missing the opportunities to suppress Aboriginals rights in one or other forms. The cultural instinct of Aboriginals – the strong force behind self-identity – was systematically crushed. The government was of the opinion to completely dissolve the Aboriginals distinctness into European society ultimately dying their life style away. To run the hidden policy, the government started residential schools for Aboriginal children of the age five to sixteen in each province except a few toward the late nineteenth century. The children were taken to these distant boarding schools, trained in collaboration with the federal government and Christian religious leaders alongside European society. The ultimate result was the deculturation or cultural assimilation of the Aboriginal future generation destroying the self esteem of the native.

The government further attempted to assimilate Aboriginals into Canadian culture banning typical potlatch ceremony of political significance in the region. Big regional ceremonies until 1951 met with failure. The attempt was seen as denial of Aboriginal self governance by many.

2.4 Aboriginals in Twentieth Century Canada

The privileges of the Aboriginals provided by the federal government were mostly concerned to the Prairies regions until the end of the nineteenth century. It was only in the late end of the century, federal government was reported of the miserable and near extinct condition of the bands living in the Canada’s north reserves. The government itself was not interested to ameliorate the north as the land was of lesser value rugged landscape. The yielding of important minerals and prospective gold mines changed at a sudden the views of the government toward northern Aboriginals. The government started to sign end of the Numbered Treaties eight to eleven within the next two decades 1899 – 1921.

The Numbered Treaties eight to eleven were almost similar to earlier treaties except number eight having unique feature of small family land reserve for individual family. The move was seen by many of the northern Aboriginals as further curtailing of their fishing and hunting land as their southern counterparts. The scarce resources and survival threat made them finally to abide by the Numbered Treaties eight to eleven.

The greatest set back to the Aboriginals came through the Williams Treaties of 1923 making them completely rightless over the surrendered land to fish and hunt. The excessive exploitation and broken promises fuelled the Aboriginals to come together and organize themselves against the federal government. The League of Indians of Canada was established in 1920 which was further backed by the Indian Association of Alberta in 1939 and the Federation of Saskatchewan Indians in 1944. The landmark change was experienced in the history of Aboriginals upon supporting the adoption of the United Nations Universal Declaration of Human Rights in December 1948 by the federal government of Canada. The government for the first time was forced to re-examine its treatment of Aboriginals.

The Indian Act was made more conducive in 1951 lifting bans on cultural ceremonies, allowing liquor on own (?) reserves, increased role of provinces determining Indian status etc. The then Prime Minister John Diefenbaker in 1960 extended the non-enfranchised Aboriginals the right to vote in federal elections of Canada.

The Constitution Act – 1982 came with boon to the Aboriginals restoring Indian status to all enfranchised Aboriginals, women with lost status and the Métis peoples. The Act also recognized and affirmed existing Aboriginal treaty rights ensuring further interpretations and negotiations. The Charter of Rights and Freedoms covered under Constitution Act – 1982 guaranteed the rights and freedoms of all the Indian, Métis and Inuit of Canada. Despite all the advances, the period was marked by dissatisfaction over the land claims and rights issues besides the discrepancy over the self-government.

3. CANADAIAN INDIANS: AFFAIRS AND PROSPECTS

3.1 Regional Human Rights Protection

The dawn of the twenty-first century brought murky hope to the state of Aboriginals. The socio-economic conditions including others remain unchanged. The efforts of international community to protect the aspirations of the Aboriginals culminated as a paper work only in 2007 as the UN Declaration on the Rights of Indigenous People. The States are still hesitant that the Declaration is not binding international law rather must be respected in principle and governance. Canada was one of the four States (including Australia, New Zealand and the United States) voted against the adoption of the Declaration with common suspicions over the increased sovereignty of the Aboriginals toward the territorial affairs. However several decade relationships of Aboriginals to the federal government of Canada has mounted many milestones among Americas toward the State recognition of rights issues prosperous for self-identity. The fighting is still going on for the issues of land claims and treaty rights.

The practical human rights situation of the region is no more appreciable. The United Nations Human Rights Committee noted in 1999 the situation with Canada’s Aboriginal Peoples was the most pressing human rights issue facing Canada. The State of the World’s Minorities and Indigenous Peoples – 2009 reported on Canada that “Indigenous people remained under-represented in the workforce, over-represented in prison populations, and more vulnerable to suicide, poverty and police harassment compared to other groups.” The report further stated (referred 2008 report of the Amnesty International) the vulnerability of Indigenous women of the region as highly discriminatory and violator. According to 2007 report of the Department of Indian Affairs and Northern Development, Indigenous areas continue to represent 92 of the bottom 100 communities in the country.

The severe violation of human rights was imposed on Aboriginals when they were denied to make discriminatory complaints against the government. For over three decades, section 67 of the Canadian Human Rights Act prevented people from filing discrimination complaints about the Indian Act against the Government of Canada or First Nations governments. This was only repealed by the Parliament in June 2008 and finally after the three years transition period, since June 18, 2011 people affected by the Indian Act will have full access to Canadian human rights law. This move is seen as a landmark success of the Canadian Human Rights Commission promoting the rights regimes to the Aboriginals.

3.2 Political Participation and Self-Government

The freedom of expression is distant dream for those not having opportunity to participate in the affairs of the State. It is being practiced from the very beginning to assimilate the Aboriginals into the mainstream governance of Canada denying the distinctness of political affairs. The government of Pierre Elliot Trudeau in1969, for example, had expressed to end any distinct political or legal status for Aboriginals to keep the idea, ‘we are all Canadians’. The Aboriginal self-government was supposed to work under the auspices of the programmes designed by the central government. The Aboriginals on the other hand viewed participatory relationship beneficial when having autonomous character within the larger society. This they viewed would maximize their control over lands and resources, cultural and civil affairs, and the nature and quality of community life.

According to the Federal Policy Guide on Aboriginal Self-Government, “the government of Canada recognizes the inherent right of self-government as an existing Aboriginal right under section 35 of the Constitution Act – 1982.” The Guide elaborates specific areas where Aboriginals have right to govern themselves related to their community, culture, identity, tradition, language and institution, and especially to the land and the resources.

The Canadian Human Rights Commission views participatory politics helpful if central government encourages Aboriginal self-government through the development of appropriate First Nations community-based dispute resolution processes. The large scale awareness through education and training must be propagated to eradicate the regime of discrimination and to make human rights open and accessible to all. This in turn must be provided with adequate resources for First Nations governments to comply with the obligations under the Canadian Human Rights Act. Unfortunately, according to the Christian Aboriginal Infrastructure Developments (CAID) – 2009 report, “in the 27 years since the Constitution Act recognized and affirmed Aboriginal rights, nothing has changed for the expression of Aboriginal rights in Canada.”

3.3 Housing and Land Rights

The land based survival is central to the Aboriginals way of life. The recognition of territoriality as a fundamental facet of Statehood imparts Aboriginals title to self-determination as a territorial right.

[20] The process of self-determination, as Castellino (2005) describes, “must accommodate differing national identities within the confines of the state, rather than the creation and/or dismembering of older states.” The State interest helps settlers population claim upon the territory too. The tussle of Aboriginals verses Settlers led many initiatives to resolve the land claims with failed agenda in Canadian region.

According to Westra (2008), treaties signed to extinguish Aboriginals land claims are based on false collaboration violating section 35 of the Constitution Act – 1982 and the Crown’s fiduciary duty. It is seen further enhancing racial discrimination and incompatible to the international human rights instruments. The extinguishment of aboriginal rights is somehow equivalent to asking Canadians to give up their Canadian citizenship.

The Aboriginal Affairs and Northern Development Canada (AANDC) work with First Nations communities to enhance control over land and resources through existing treaty agreements. The  AANDC further works with First Nation governments to support affordable and adequate housing, clean drinking water and community infrastructure like roads and schools – essential to healthy, safe and prosperous communities. The real picture of housing and land rights is better seen in a report of 2013, Amnesty International Canada states that “the widespread failure to protect Indigenous people’s rights to lands and resources, or to ensure timely resolution of outstanding land disputes, undermines the ability of Indigenous peoples to maintain ways of living on the land that are vital to their cultures, health and well-being.”

3.4 Health and Education

The society is said to be prosperous if works better on the indicators of health and education. The survival of individual is in danger if not sufficiently provided with basic needs essential for healthy life. A healthy person can be a part of a healthy society. The other important element which makes life dignified is none other than education. The literate person is an aware people of the society and can participate in the making of the society. Unfortunately, the prolonged and systematic obstructions to health and education to the First Nations people of Canada has forced them to live a miserable life even today.

The residential schools for Indians were built by the Canadian government far away from the reserve land and children of Aboriginals were forcibly boarded there. The sole purpose of the government was to delink the children from their culture and tradition. The government in collaboration with the Christian missionaries was trying to train them to the European society. The condition of those residential schools were hazardous, tuberculosis was common. The quality of food given to then was non-hygienic. In those circumstances, the chances of survival were very low. Many of them died, those who survived had lost their self-esteem. They were unable to mingle within their reserve and caught to liquor, thus lost the whole.

(UNRIC) reported that despite all the efforts lack of clean drinking water, no sewerage system, bad education, alcoholism and violence are still the everyday lot for many people living on reserves.

The Amnesty international Canada in consultation to various Aboriginal communities across Canada has concluded that “despite living in one of the world’s wealthiest countries, Indigenous families and communities in Canada continue to face widespread impoverishment, inadequate housing, food insecurity, ill-health and unsafe drinking water.” Eversole (2005) recommends achieving sustainable health through participatory approaches, capacity-building and culturally responsive health services.

4. Conclusion

The Aboriginals of Canada were highly devastated by the presence of European explorers to their land. The Colonial Masters from the very beginning favoured the Europeans to settle down suppressing the Aboriginals on every aspect. The theory of ownership and possession of the land was extremely discriminatory and confusing to the First Nations. They were trapped in one way or other to the land claims leaving only small reserves. The Canadian government through Indian Residential Schools far away from the reserves slaughtered the self-esteem of the Aboriginal children ceasing any hope to the future.

The Canadian government non-acceptance of the UN Declaration on the Rights of Indigenous People – 2007 and the the non-ratification of ILO Convention No – 169 indicates the reluctance on part of the improved protection to the Aboriginals even today. They are still fighting for the status of self-government, land claims and treaty rights. A cry from around the world has sought to recover the current situations facing Canadian Indians.

Reference

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2. Armitage, A. (1995) Comparing the Policy of Aboriginal Assimilation: Australia, Canada, and New Zealand, Vancouver: University of British Columbia Press
3. Castellino, J. and Walsh, N. (et. al) (2005) International Law and Indigenous Peoples, Leiden/Boston: Martinus Nijhoff Publishers
4. Eversole, R. Mcneish, J. and Cimadamoreh, A. D. (et. al) (2005) Indigenous peoples and poverty: an international perspective London/New York: Zed Books
5. Gilbert, J. In Smith Rhona K.M., Van Den Anker, C. (2005). The essentials of human rights Hodder Arnold
6. McMillan, Alan D. (1995) Native Peoples and Cultures of Canada: An Anthropological Overview (2nd edition) Vancouver/Toronto: Douglas & McIntyre
7. Patterson II, E. Palmer (1972) The Canadian Indian: A History Since 1500 Toronto: Collier-Macmillan Canada Ltd.
8. Price, Richard T. (1991) Legacy: Indian Treaty Relationships. Edmonton: Plains Publishing Inc.
9. Thornberry, P. (2002) Indigenous peoples and human rights Manchester: Manchester University Press
10. Westra, L. (2008) Environmental justice and the rights of indigenous peoples: international and domestic legal perspectives London/Sterling, VA: Earthscan