I. INTRODUCTION There has always been doubt and uncertainty encompassing the ability for third parties ' to be granted interests in Indian reserve land (First Nation land) and the security that could add to such interests under the Indian Act. Developments have been discouraged by their inability to acquire sufficient security of tenure or security of assets on First Nation land. Furthermore, numerous First Nations have been discouraged by their inability to provide appropriate security of tenure to entities that are not First Nation whom seek to utilize or evolve First Nation land. The First Nations Management Act, enacted by Parliament in 1999, was intended to provide additional control and authority to First Nations over land management on their Indian reserve land and to replace related conditions of the Indian Act. The doubt and uncertainty that previously existed within the land management regime of the Indian Act looks to have been moved further and even provoked under the FNLMA regime due to the deficiency of sufficient protections for the interests of third parties, both present and future, and by not accommodating First Nations with clearly delivered procedures by which such assurance and stability can be obtained. For third parties, interested or seeking access to First Nations land, the FNLMA illustrates an important and essential alteration in regards to the legal environment of tenures previously relied upon by third parties on First Nation land. This
This enables the federal government to assume full responsibility over the entire First Nations population. In A People’s Dream Aboriginal Self-Government in Canada, by Dan Russell, 2000, he brings up issues about the federal government making policies that have direct affect on First Nations People and they have no knowledge or say of what happens regarding decision about their people[4]. The federal government has a great deal of power that will ultimately alter how First Nations are dealt with. Dan Russell discuses both the Meech Lake Accord and the Charlotte Town Accord that would have had a major impact on how “Indians” were handled he states “Canadian history and laws, since shortly after initial contact with Europeans settlers, have limited the possibilities of easily exercising Aboriginal self-government in Canada”[5]. Once the first wave of settles arrived in North America, the Dominion of Canada created the power to control how settlers and resources were handled which left them also having to deal with the original inhabitants by means isolation in reserves. To look back into history even in the earliest stages of civilization First Nations People were only “interpreters and clerks, but none at the policy-making level”[6], in order to create change they need to be where these policies are being made. In making these policies and procedures there has been little to no
The Aborigines Protection Act 1909 (NSW) was a law that changed Indigenous Australian lives forever. The act enabled the New South Wales Board for the Protection of Aborigines to essentially control the lives of Aboriginal people. It was the Aborigines Protection Act 1909 (NSW) that had major provisions that resulted in the containment and suffering that Aboriginal people endured. This suffering included the practice of forcible removing Indigenous children from their families. These major provisions help us understand what the Aborigines Protection Act 1909 (NSW) involved and the impact it has had on the daily lives and cultures of Indigenous Australian peoples today.
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
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).
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
With the proposal of the ‘Statement of the Government of Canada on Indian Policy’ (hereafter referred to as the White Paper) in 1969 by Jean Chretien, existing tensions over the role and future of First Nations within Canadian society would finally come to a head. Prior to the introduction of this policy, government bureaucrats and missionary organizations had finally begun to realize that directed change and economic development were not taking place amongst First Nations communities as they had wanted, and decided in the favor of a change. This change in policy brought about the White Paper, which was a cleverly veiled assimilationist proposal of the Canadian government to the First Nations peoples of their country. This shift in policy
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
Ever since the late 1400’s when the European discovered North America they brought along with them a practice of domination leaving the first nation people with very little rights forcing them to stand defenceless. Ever since the settlers arrived, the lives of the First Nation people have forever been damaged with the implementation of new ways of living. These changes have created an image
The Aboriginal peoples of Canada had gone through many situations to get to where they are today with their education system. Pain, sorrow, doubt, and hope are all feelings brought to mind when thinking about the history and the future of Aboriginal education. By taking a look at the past, anyone can see that the right to education for Aboriginal peoples has been fought about as early as the 1870s. This is still is a pressing issue today. Elder teachings, residential, reserve and post-secondary schools have all been concerning events of the past as well as the present. Though education has improved for the Aboriginal peoples of Canada, there are still many concerns and needs of reconciliation for the past to improve the future.
In the midst of the government's interference in the lives of the Indigenous after colonisation, they believed that bringing along protection legislations would work on the behalf of Aboriginals in order to make their lives easier. The Acts were used, as a way of implementing procedures for protection, separation and assimilation amongst the Indigenous populations. In the case of Aboriginals protection Acts are a representation of systematic control. The 1909 NSW Aboriginal Protection Act gave power to the Broad to regulate the lives of the Indigenous. They were monitored throughout their everyday lives, their employment, wages and who they marry or come in contact with. Undoubtedly the Aboriginals are left feeling caged within their own land. Sometime
Thomas Flanagan disapproves the idea of Native sovereignty ever coexisting with Canadian sovereignty. Flanagan identifies the flaws in Townshend’s arguments referring to them as a theoretical approach and not a practical approach. It is true that the sharing of jurisdictional power is the essence of the Canadian state but this cannot apply to the Aboriginals of Canada. One reason a third level of government cannot work in Canada is “In the 10 provinces, Canada has over six hundred Indian bands living on more than 2200 reserves, plus hundreds of thousands of Métis and non-status Indians who do not possess reserves,” (Flanagan 44). Flanagan draws the fact that “No one has proposed a workable mechanism by which this far-flung archipelago could
The first paper by Ladner and Orsini, (2003) gives a detailed account, review and analysis of the First nations governance act. The paper reflects on the act and provides arguments supporting the fact that it is an example of a gentler, subtle form of colonialism that is still in practice today. It argues that although the government has well researched the problems affecting the first nations, it has not efficiently advocated the involvement of these people in their own welfare and improvement.
Before the contact with the Europeans, Indigenous peoples had their own form of justice system, and there was never an issue with their way of administering punishment till the Europeans came. According to Belanger (2014), Native peoples make up a disproportionate amount of people in the prison. He explained that after the contact, there was the creation of the North West Mounted Police (NWMP), which had good relationship with the Indigenous peoples, but changed and became a source of oppression to them. He further explained the creation of the RCMP by the Canadian government, in which “one of is first actions was to raid the six nations in Brantford, Ontario.” (Belanger, 2014, p. 253)
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.
With the federal government’s support, many Native tribes have constructed Native Governments and Corporations where the rights to land and money are placed to their own responsibility. What this actually means is that the rights of the people’s land and monetary bonds are transferred from governmental trust to