CORAF – Collective Rights

Social 9

Textbook: chapter 4

What are collective rights?

• “Rights held by groups (peoples) in Canadian society that are recognized and protected by Canada’s constitution”

What are collective rights?

• Unique to Canada!• Are different than individual rights– ALL Canadian citizens have individual rights– However, collective rights are specific to one of

several groups of people in Canadian society

• Who holds collective rights?– Aboriginal Groups: First Nations, Métis & Inuit– Language Groups: Francophones & Anglophones

Why do some people have collective rights, while others don’t?

• Recognize the founding people of Canada– Recognizing their contribution

• Come from Canadian roots– Aboriginal, French, English

CANADA’S HISTORY OF COLLECTIVE RIGHTS(FOR GROUPS OF PEOPLE NOT LANGUAGE)

As best as I can do…it’s complicated…

Chapter 4 in your textbook

7 Years’ War

http://www.youtube.com/watch?v=j0qbzNHmfW0

7 Years’ War

• Also called the “French and Indian War”– The first “world war”

• In North America, mainly fought between:– British & Aboriginal supporters– French & Aboriginal supporters

• Aboriginal groups for the most part, supported the French– The war forced aboriginal groups to take sides in a

European conflict

7 Years’ War

• Why the French?– French primarily there for fur, not large-scale

settlement– A large number of Jesuit missionaries were

focusing on conversion (thus trying to relate to aboriginal culture and learn aboriginal languages)

• What was the result?– France lost its North America holdings– Aboriginal groups can no longer play the British off

of the French

Royal Proclamation – 1763

• Goals– Ensure the British laws are

followed in North America– Encourage British settlers

to come to Quebec– Control westward

expansion– Attempt to men

relationships with aboriginal tribes

Royal Proclamation – 1763

• Results– One of the causes of the American Revolution– We see the early beginnings of some recognition of

aboriginal rights in Canada• In fact, see section 25 of your CORAF!

• The proclamation line was meant to allow for an orderly expansion westward– This may seem as an “organized theft of native

lands” OR– It established a precedent that “the indigenous

population had certain rights to lands they occupied”

Royal Proclamation – 1763

• Thus the Royal Proclamation is the first example of the recognition of aboriginal collective rights in Canada!

Quebec Act – 1774

• Passed by Britain to pacify their newly acquired French-North American subjects

• Allowed the Canadiennes to maintain:– French civil law– Catholic religion & freedom of religion

• It worked – the people in the Province of Quebec were happy to be a part of the British Empire

• Can be considered the first set of collective rights for French Canadians

American Revolution

• But, as a result of the American revolution, a large portion of British loyalists abandoned the newly formed USA and came to British North America– Why? They were loyal to the crown– Around 500,000 people were loyalists• Around 70,000 fled the USA• With 46,000ish coming to British North America

American Revolution

• Changes in British North America– Around 33,000 went to Nova Scotia, but they

weren’t liked. So “New Brunswick” was created from Nova Scotia for these loyalists

– Around 10,000 went to Quebec• They wanted the Protestant Church• They DID NOT want French Civil Law

The Constitution

Act – 1791

• It was decided that the English and French speaking settlers should be separated. They could not peacefully co-exist– Upper Canada (Ontario) would be English– Lower Canada (Quebec) would be French

Constitution Act 1791

Upper Canada• English speaking• Protestant• British civil law &

institutions

• Worried that French Canadians still had too much power

Lower Canada• French speaking• Roman Catholic• French civil law &

institutions

• Worried that they would be eclipsed by growing English power

War of 1812

• Aggressors– United States– British Empire (mainly North America)

• Causes– Trade restrictions by Britain on the new USA, due

to continued war with France– Impressment of American merchant sailors– British support of aboriginal tribes against

American expansion– Possible USA desire to annex Canada

War of 1812Clockwise from top: •Damage to the US Capitol after the Burning of Washington; •The mortally wounded Isaac Brock spurs troops on at the Queenston Heights; •USS Constitution vs HMS Guerriere; •The death of Tecumseh at Moraviantown; •Andrew Jackson leads the defence of New Orleans

War of 1812-1815

• Great Britain was only able to offer minimal support, being tied up in Europe due to the Napoleonic Wars until 1814– However, in 1815 they were able to offer much more

support

• This war is unique in that it has no clear “victor”– Americans view it as a second ‘war of independence’– English Canadians view it as a successful defense

against possible USA annexation• Part of the collective identity of English-speaking Canadians

1837 – Canada Rebellions

Saint-Eustache Patriotes. By Lord Charles Beauclerk

1837 – Canada Rebellions

• Two armed uprisings that took place in Lower and Upper Canada

• Causes– Frustrations in political reform. Both groups had a

great desire for responsible government• The governments in the colonies were based on the

British model: a monarchy and an aristocracy• However, there was NO monarchy or aristocracy in the

colonies

1837 – Canada RebellionsLower Canada

• Primarily caused by:– Ineffective and unfair

colonial government– Economic

disenfranchisement of French-speaking businessmen & workers

• Led by the Parti Canadien (parti patriote)

• Collective Rights– These rebellions are a

clear example of French Canadians fighting for their collective rights

– The rebellion remains significant to Quebecers to this day:• National Patriotes Day

1837 – Canada RebellionsUpper Canada

• Caused by anger of the oligarchic government of Upper Canada– However, it was the Lower Canada

rebellion that prompted the Upper Canada one

– Also issues over the family Compact• A group of businessmen in government

who governed for their own sake

• Led by William Lyon Mackenzie• Compared to Lower Canada, this

rebellion was far less bloody

1837 – Canada Rebellions

• Aftermath– Upper and Lower Canada are merged under the

Union Act: The Province of Canada– French Canadians barely keep a majority in the

new political entity

• However, the new government was unstable and would ultimately lead to the Great Coalition and Confederation

1867 - Confederation

• In 1867, after a lengthy battle, the founding fathers of Canada were able to bring about the “British North America Act” also known as the “Constitution Act, 1867”– This made Canada its own country, with the monarch

of Britain being the monarch of Canada

• Confederation was well received by both the British and the Canadians

Note: we will be studying Confederation in much greater detail later in the course

1867 - Confederation

• Enshrined fundamental collective rights between English and French speaking Canadians– Distinct, yet working together– In addition, it fostered unity between the two– Both languages are equally recognized

• The desire for a trans-continental railway was also reflected in Confederation– This influenced the numbered treaties with aboriginal

peoples– Led to BC joining Confederation

1869 – Red River Rebellion

• The newly formed Canadian government bought Rupert’s Land from the Hudson’s Bay Company– Would facilitate Canadian expansion– The land would be surveyed in the same way that

Ontario was surveyed– This included the Red River Colony in Manitoba

• There was a problem though – the Métis, led by Louis Riel did not want the land to be surveyed, especially by an English-speaking surveyor

1869 – Red River Rebellion

1869 – Red River Rebellion

• Riel created a provisional government and sought to work with the federal government to establish the Métis territory of Assiniboia as a province

• In the meantime,Riel’s government also tried and executed an Orangeman named Thomas ScottWhy would Riel do this?

1869 – Red River Rebellion

• Nevertheless, in 1870 the provisional and federal governments passed the Manitoba Act which created the province of Manitoba

• Shortly thereafter, the government sent troops under the Wolseley Expedition to maintain security (and prevent American expansion)– Furious Ontarians, over the execution of Scott, viewed

this as a suppression of the Métis– The Métis, however view the Manitoba act as an

enshrinement of their rights

1870 – Manitoba Act

• Métis collective rights in the Manitoba Act:– Separate French schools for Métis– Protection of the practice of Catholicism

Note: In 1875, Louis Riel was exiled for his execution of Thomas Scott

1876 – Indian Act (page 137)

• Was enacted in 1876 under the 1867 Constitution Act– All authority to legislate in relation to “Indians and

Lands Reserved for Indians” is given to the federal government .

• Defines who is an “Indian” and contains certain legal rights and disabilities for registered aboriginals– The rights that aboriginal groups gained through this

cannot be challenged under the CORAF (section 25)

1876 – Indian Act

• This leads to the creation of the “Department of Aboriginal Affairs and Northern Development”– This department

(which still exists) is responsible for administering the act

1876 – Indian Act

• Up until 1985, the act listed several ways in which an “Indian” could lose their status– Marrying a man who was not a status Indian– Enfranchisement (in other words, they were not allowed

to vote)– Having at the age of 21, a mother and paternal

grandmother who did not have status before marriage– Being born out of wedlock to a mother with status and a

father without• The big issue, was that these provisions interfered with

the matrilineal culture of many First Nations

1876 – Indian Act

• There have been many amendments over the years, and there continue to be amendments, but the most significant was Bill C-31 in 1985– Ends discriminatory provisions of the act

(especially against women)– Changes the meaning of “status”. Allowed some

aboriginals to regain their status– Allows the band to define their own membership

rules

1876 – Indian Act & Numbered Treaties

• Part of the Indian act was a series of numbered treaties between the federal government and aboriginal groups

• In Alberta:– Treaty 6 (1876-1898)– Treaty 7 (1877-1921)– Treaty 8 (1899)

• Please copy the chart of treaty provisions from page 125

1879 – Residential Schools Begin

• As a part of the Indian Act, the federal government was required to provide education to the Indian Bands

• MP Nicholas Davin was assigned the task of deciding how to educate aboriginal children– He argued that residential schools would be the

best system. They did two things• Educate aboriginal children• Assimilate children to Canadian ideals

1885 – North West Rebellion

• In 1885, Riel returned to Canada, and went to the Métis people in modern-day Saskatchewan

• The Métis believed that:– Canada had failed to address

the protection of their rights– They would soon die out as a

distinct people

1885 – North West Rebellion

• Riel and the Métis gained some early victories, however they were outgunned

• Canada’s Advantage:– The North-West Mounted Police (NWMP)– The Canadian Pacific Railroad– Riel’s belief that he was a prophet sent by God to

defend the Métis

1885 – North West Rebellion

• The Métis and aboriginal allies were defeated fairly quickly– Riel was tried and executed for his actions

• The North-West Rebellion is another example of the tensions between English and French Canadians– It is an example of collective rights attempting to

be gained militarily

1938-1960 – Métis Population Betterment Act

• Métis groups lobbied the Alberta government to set aside land for their use

• The government established 12 settlements– This was the first time in Canada’s history that a

government had given land to the Métis

• Ultimately four were unsuitable for farming, fishing, or even hunting, and lands were returned to the government

1939 – Indian Association of Alberta

• Organized by the First Nations in Alberta, to emphasize treaty 6, 7, 8 rights

• Goals:– To maintain treaty rights– To advance the social and economic welfare of Indian

peoples– To secure better educational facilities and opportunities– To cooperate with federal, provincial and local

governments for the benefit of Indians

1969 – Official Languages Act

• Reasserts the equality of French and English as official languages of Canada, as established at Confederation

• Four main provisions– May receive services from federal departments in

either language (French/English)– May be heard in court in either language– Parliament publishes everything in both languages– Languages have equal status as “working” languages

1980 / 1982 – Repatriation of Canada’s Constitution

• “We, the First Nations, proclaim our dedication and commitment to the recognition of our unique history and destiny within Canada by entrenching our treaty and Aboriginal rights within the constitution. Only in this way can we truly fulfill the sacred obligation handed down to us by our forefathers for the future generations. Anything less would result in the betrayal of our heritage and destiny” – Federation of Saskatchewan indians

1980 / 1982 – Repatriation of Canada’s Constitution

• “I speak of a Canada where men and women of Aboriginal ancestry, of French and British heritage, of the diverse cultures of the world, demonstrate the will to share this land in peace, in justice, and with mutual respect.” – Pierre Trudeau, 1982– Note: Trudeau viewed the aboriginal treaties as

obstacles to equality, whereas aboriginal peoples viewed them as affirmations of their identity

– We see the beginnings of an overarching Canadian ideal in this quote. What is it?

1980 / 1982 – Repatriation of Canada’s Constitution

• The Métis also lobbied for a recognition of their rights

• When the Constitution was adopted, the Métis were recognized as one of Canada’s aboriginal peoples!– This is the first time they are formally recognized

1990 – Alberta Métis Settlements

• In 1990, Alberta passed legislation which granted permanent lands to Métis in Alberta

• They were granted autonomy over their lands• They Métis were also permitted to participate

in the development of oil and gas industries on their lands

A Few Additional Métis rights

• 2003 – Supreme court rules that the Métis have a right to hunt & fish under the constitution

• 2004 – Alberta’s government recognizes Métis rights to hunt/fish without licenses

• 2006 – Métis in Manitoba launch a land claims action for land promised, but not delivered, in the Manitoba Act (think back to Riel)

• 2007 – Alberta’s government withdraws some of these rights