Aboriginal Issues
The First Nations of the land now called Canada have faced considerable hardship and deprivation that are only beginning to be redressed through the political system. On this page, you will find links to facts about the Aboriginal population of Canada, Native organizations, treaties, and other legal sources, as well as to self-government proposals.Indian and Northern Affairs Canada has posted a collection of facts about Canada's Aboriginal population and a range of publications available on-line, which also include Registered Indian Population by Sex and Residence 2003 and profiles of all the individual First Nations. The Library of Parliament has a useful research paper on Indian Status and Band Membership Issues. Statistics Canada provides a range of data about the Aboriginal population, taken from the 1996 Census.
Much important work is conducted by the Indian Claims Commission, which oversees a wide variety of land claims, known as "specific claims," across the country.
The Report of the Royal Commission on Aboriginal People presents some useful information and perspectives on the history and current conditions of the Aboriginal peoples; see particularly Volume One. Many other recommendations for reform are contained in the other volumes. The federal government's response to the report is called Gathering Strength.
To remain up-to-date on Aboriginal affairs, connect to Yahoo Canada's First Nations news site.
Environics conducted a survey of Canadian attitudes on First Nations issues in 1998.
ABORIGINAL SELF-GOVERNMENT
Considerable attention has been paid in the last decade to developing proposals for Aboriginal self-government. In cooperation with a number of First Nations, the federal government has signed a number of self-government agreements and set up a self-government pilot projects across the country. Visit the First Nations Governance Centre for a number of studies about self-government issues, including a paper by Maria Morellato on The Existence of Aboriginal Governance Rights within the Canadian Legal System (pdf).For an overview of some self-government issues, see
Aboriginal
Self-Government, a 1995 INAC policy paper. The Library of Parliament's research
paper on self-government is also useful reading. Several approaches to self-government
have emerged: Dismantling the Manitoba Region of the Department of Indian
Affairs and Northern Development - an INAC initiative to provide Manitoba Bands
with administrative autonomy
Self-Government
Sechelt Style - municipal-model self-government for the Sechelt Nation
The 1998
Nisga'a Treaty creates a new level of Aboriginal government for the Nisga'a
Nation in B.C., whose laws in certain areas will have paramountcy over both
federal and provincial laws. While this model has raised some controversy in
British Columbia, it is not unlike other self-government agreements signed in
recent years. For example, see Yukon
First Nations Self-Government Act (1994). In some respects, this is similar
to the proposals in the Charlottetown Accord, which would have established a
new constitutionally entrenched order of government. The Nisga'a Treaty
has engendered a lively debate over its desirability and constitutionality.
For more information on different points of view, visit:
Another model - public government
- has been adopted to settle self-government claims by the Innu in what is now
the Northwest Territories. A new territorial government - Nunavut - came into
being in 1999 and is formed from the eastern half of the N.W.T. This public
model of Aboriginal self-government will allow all who live in the territory
to participate in the government; however, the government will be controlled
by Aboriginals since they compose the majority of the population. For more information
on Nunavut, see the Nunavut
Planning Commission Transition Team. You can also read the Nunavut
Act passed by the Parliament of Canada to provide the framework for the
territory's creation.
An ongoing issue in Aboriginal politics is how to accommodate First Nations
people who live in urban areas. INAC has released a report on Models
for Aboriginal Government in Urban Areas. You can read more about this topic
in a conference report,
Aboriginal Governance in Urban Settings: Completing the Circle. Note:
this document requires the Adobe
Acrobat Reader.
The options
open to Alberta's Métis population to achieve self-government are explored
in a paper by Denis Wall.
The Department of Indian and Northern
Affairs provides a range of information about the various first
nations agreements that have already been signed or are currently under
negotiation.
As part of their assertion of self-government, several First Nations in Québec
have declared that they cannot be forced to be included in a future sovereign
Québec. For example, the Grand
Council of the Cree in Québec have published a
variety of documents on Quebec separation and how it would affect Cree interests.
In particular, the Cree Nation believes it has just the same right to self-determination
as the Québécois and can decide for itself whether to go with Québec.
See their detailed examination of the issue in Sovereign
Injustice (provided through Archive.org) .
INAC has produced studies of the issues surrounding moving toward
sustainable development for Aboriginal communities, especially with respect
to their relationship with INAC.
LEGAL LINKS
You can read the full text of the Supreme Court of Canada's recent rulings on Aboriginal rights. One of its most controversial rulings was on Aboriginal fishing rights in the Maritime provinces. After its 1999 decision in R. v. Marshall in September 1999 there were a number of violent protests by non-Native fishers. The Court eventually clarified its positions in a second ruling on the case two months later, stating that it did not mean that Native fishing absolute and could not be regulated by the federal government. See also the BC Government's collection of landmark cases in aboriginal law.Other important decisions dealing with Aboriginal issues include:
Legislation:
Aboriginal
Law and Legislation Online includes links to the full text of recent Aboriginal
cases from the Supreme Court of Canada.
Aboriginal
Policing issues are dealt with at a site run by the federal solicitor
general.
Aboriginal
Rights Sections in the Constitution Act, 1982
Constitution
Amendment Proclamation, 1983
The
Constitution of the Iroquois Nations Confederacy
Federal
legislation relevant to Aboriginal concerns - from Indian and Northern
Affairs
Henderson's
Annotated Indian Act Note: this is a LARGE file!
Indian
Act - in both text and folio format; includes regulations under the Act
The
Royal Proclamation, 1763
University
of Saskatchewan Native Law Centre
TREATIES
Historic
Indian Treaties - Information Sheet from INAC
The
Jay Treaty of 1794
Maps
of Selected Canadian Indian Treaties Note: large graphics
The
1998 Nisga'a Treaty has generated considerable controversy in British
Columbia. The B.C. government provides useful information in a variety of
the side
agreements and
fact sheets on the treaty; for more current updates, consult the implementation
reports. The Liberal Party strongly opposed the treaty when in Opposition
and challenged its constitutionality in court. However, the B.C. Supreme Court
ruled against the BC Liberal Party's court challenge to the Treaty in
July 2000.
Numbered Treaties on-line from Indian and Northern Affairs:
- Treaty 1&2
- Treaty 3
- Treaty 4
- Treaty 5
- Treaty 6
- Treaty 7 & Supplementary Treaty
- Treaty 8
- Treaty 9 - James Bay
- Treaty 10
- Treaty 11
Indian and Northern Affairs provides an interesting collection of treaty texts, guides and maps.
LINKS TO ABORIGINAL ORGANIZATIONS
Aboriginal
Youth Network
Assembly
of First Nations
Assembly
of Manitoba Chiefs
BC
Aboriginal Rights Coalition
BC
First Nations
Congress
of Aboriginal Peoples
Federation
of Saskatchewan Indian Nations
Innu
Nation
Inuit
Tapiriit Kanatami (formerly the Inuit Tapirisat of Canada )
Metis
Resource Centre
Native
Women's Association of Canada
Union
of British Columbia Indian Chiefs
Treaty
7 Tribal Council
Turtle
Island
The
Village of First Nations
GOVERNMENT DEPARTMENTS DEALING WITH ABORIGINAL AFFAIRS
Alberta
Aboriginal Affairs and Northern Development
BC
Ministry of Aboriginal Relations and Reconciliation
British
Columbia Treaty Commission
Indian
and Northern Affairs Canada
Manitoba
- Aboriginal & Northern Affairs
New
Brunswick Aboriginal Affairs Secretariat
Nova
Scotia Aboriginal Affairs
Ontario
Native Affairs Secretariat
Saskatchewan
Government Relations and Aboriginal Affairs
Que.
Secrétariat aux affaires autochtones
Yukon
Executive Council
LINKS TO LINKS
Aboriginal
Canada Portal
Aboriginal
Connections
Bill's
Aboriginal Links
First
Nations Periodical Index
You can find more information related to Aboriginal issues in other sections
of Nelson's Canadian Politics on the Web:
Civil Rights
Constitution
Federalism
Legal System: Courts and Legislation
Quebec and National Unity