Native Rights of Self-Government
Native residents of Canada, otherwise known as Aboriginals, have been striving to self govern in order to preserve their cultural identities since the British North America Act of 1867; now known as the Constitution Act. This act allowed the federal government to create laws regarding “Indians and the lands reserved for Indians” - essentially, placing Euro-Canadian ideals, policies, and laws on Aboriginal societies (Joseph, 2015).
After thorough research and analysis, I believe that the right of self-government should be given to natives. To begin, in the past, the laws pertaining to those of Aboriginal descent have been harsh and unethical. These laws have prevented them to vote, and made it illegal to leave
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Traditional systems of government had been dismantled by the Indian Act 1876 and other forms of control had been established (Aboriginal Self Government, n.d). After an increase in effective political organizations and activism, as well as well-covered conflicts over development in the north, Canada finally began to slightly acknowledge and enable forms of self-government; this was not until the late 60’s and early 70’s (Aboriginal Self Government, n.d). The idea of self government attained momentum during the late 20th and the early 21st centuries, and Aboriginal people began to see and understand their rights to self government asserted in the Constitution Act 1982 (Aboriginal Self Government, n.d). However, the right for Aboriginals to a self-government is far from being entrenched in law. This can be clearly proven by the slow progress and the ongoing negotiations that are taking place. For example, in 1887, Nisga’a and Tsimshian chiefs travelled to Victoria in hopes of appropriating treaties and means of self-government; nonetheless, it was not until 2000 that the Nisga’a Treaty was actually signed (Understanding the Treaty, n.d). There were many setbacks due to laws that fight against Aboriginals, such as the Canadian law from 1927-1951. The Canadian law made it illegal for Aboriginals to raise money to advance land claims - it took an extended amount of time for this law to be repealed (Understanding the Treaty, n.d). After 100 years of court orders and negotiations, the treaty was signed, and The Nisga’a Government now operates within the Constitution of Canada and the Canadian Charter of Rights and Freedoms (Understanding the Treaty, n.d). The Nisga’a Government may now make many laws in areas such as health and environmental protection. The
Aboriginal self-government is a long standing issue that continues to be a struggle for the First Nations People. To truly understand the scope of Aboriginal self-government within First Nations communities, more effort is needed to understand the legislative system that runs Canada. This issue of self-governance has been very destructive in First Nations communities. After signing the Treaties, First Nations People was stripped of their livelihood and from that point on to abide by the Dominion of Canadas legislative policies. One current issue that would be a perfect example is the Nisga People in British Columbia who is no longer under the protection of the
The Canadian government has great control of where the aboriginals are situated and what resources and services are made available to them. In 1876 the Indian act was created by the Canadian government (Indian Act). “The Indian act is a Canadian federal law that governs and matters pertaining to Indian statuses, bands, and Indian reserves”(Indian Act). A part of the Indian Act made the government give some crown land to the Aboriginals; the
The rights and freedoms of Aboriginals have improved drastically since 1945 with many changes to government policy, cultural views and legal rules to bring about a change from oppression to equality. Unfortunately on the other hand, some rights and freedoms have not improved at all or have even worsened.
Since the colonization of Canada First Nations people have been discriminated against and assimilated into the new culture of Canada through policies created by the government. Policies created had the intentions of improving the Aboriginal people’s standard of living and increasing their opportunities. Mainly in the past hundred years in Canadian Society, policies and government implemented actions such as; Residential schools, the Indian Act, and reserve systems have resulted in extinguishing native culture, teachings, and pride. Policies towards the treatment of Aboriginal Canadians has decreased their opportunities and standard of living because of policies specified previously (Residential schools, the Indian Act, and reservation systems).
After the strangling claws of the Indian Act were felt, the Canadian government began to issue more laws that intruded with the aboriginals lives and took away their rights. The first of these was the “Potlatch Law” (Hanson, n.p.). It banned potlatches and other ceremonies of the aboriginals, all for the purpose of forcing the
In 1976 the Fraser government passed the Aboriginal Land Rights Act. Several state governments passed their own Land Rights Acts, which recognised aboriginal and Torres Strait islander claims to land and guaranteed them royalty payments from mining companies working there. Some laws enforced by the government became challenging for most indigenous people to abide by. Through the analysis of this information we understand the impacts the government and its laws had towards the indigenous society of
For several hundreds of years, Aboriginals have been impacted by the Indian Act in many ways. They have dealt with numerous challenges that have changed their lives forever. Laws were created by the Canadian government with the purpose of controlling Natives and assimilating them into Canadian culture.For multiple years,
The Indian Act was a challenge by the Canadian government to adjust the aboriginals into the Canadian culture including bring in residential schools, separating every First Nations in trying to “improve”, and practice them for standard society (Emberley, 2009). First Nations people were also not allowed to possess any land or offer the land that used to be theirs before the Indian act as this segregation put limits maintaining or even owning anything (Emberley, 2009). This lead to the point on everything being restricted for the First Nations including losing history, practicing
Political Scientists, Thomas Flanagan and Roger Townshend explain the key to the big question: “Can a Native State Exist Within a Canadian State?” in the readings: “The Case for Native Sovereignty” and “Native Sovereignty: Does Anyone Really Want an Aboriginal Archipelago?”. The essay will outline and provide evidence to both sides, whether there could or could not exist a Native State in Canada. The document will argue that Natives are not organized enough to form their own government. Throughout the decades, Natives have agonized many savageries at the hands of the European settlers. The essay will take Flanagan’s side with the belief that Natives should not be sovereign, using the textbooks “Principles of Comparative Politics”, and
First Nation Peoples within Canada have been facing many injustices in their homeland since the dawn of colonization. The most unraveling point to First Nation assimilation was the formation of the consequential Indian Act and residential schools resulting in a stir of adversity. As racist ideologies within Canada developed, upheaval against such treatment was undertaken as First Nation communities fought back against government land claims and eradication of treaty rights. In attempt to make amends, proper compensations from the injustices within residential schools have been released and the key for the future is allowing First Nation self-government. Ideals with the intent of ultimate assimilation have been standardized unto First Nation
July 11th 1990, marked the beginning date of the Oka Crisis in Quebec Canada. It lasted until September 26th 1990 resulting in one fatality of a local police officer. The violent clash was triggered by something as simple as a golf course extension and as complicated as native burial traditions. It had drawn world attention, catapulting native land rights into the mix. The Oka Crisis is just one of many conflicts between the Aboriginals and the Canadian government. A major issue that has been of much debate in the 20th century has been Native sovereignty. The demand sounds simple, allow Aboriginals of Canada to govern themselves; however, coexisting with the Canadian government makes this idea extremely complicated. Roger Townshend states
Indigenous governance is filled with legislations and amendments that began with the Royal proclamation act of 7th October 1763. Since then, there has been a massive effort to civilize the indigenous population in order to integrate them with the non-indigenous population by the government of Canada. The main purpose of such a congress is debated till date.
Their struggle is soon brought to court where they requested to be considered citizens of the Nisga’a nation, rather than being considered citizens of Canada. Eventually, a treaty is signed between them and the federal government so the Nisga’a people can claim sovereignty over their ancestral homeland, while still being confined within the nation-state. This article helps answer the question of this essay by showing the effects of globalization through colonization on aboriginal people’s identities. Since their land had been under colonization, the Nisga’a found it absolutely necessary to fight for their national identity to claim autonomy from the colonizers. By having the right to call themselves Nisga’a citizens instead of Canadian citizens, their national identities have immensely strengthened due to oppression (Blackburn 2009).
The Canadian native aboriginals are the original indigenous settlers of North Canada in Canada. They are made up of the Inuit, Metis and the First nation. Through archeological evidence old crow flats seem to the earliest known settlement sites for the aboriginals. Other archeological evidence reveals the following characteristics of the Aboriginal culture: ceremonial architecture, permanent settlement, agriculture and complex social hierarchy. A number of treaties and laws have been enacted amongst the First nation and European immigrants throughout Canada. For instance the Aboriginal self-government right was a step to assimilate them in Canadian society. This allows for a chance to manage