116-737: Bill C-31 may refer to the following bills: "An Act to Amend the Indian Act", a 1985 act amending the Canadian Indian Act , see Indian Act#Loss of status prior to 1985 amendments An Act to Amend the Canada Elections Act and the Public Service Employment Act , a 2007 act " Protecting Canada's Immigration System Act ", a 2012 act An Act to Implement Certain Provisions of
232-425: A diaspora or refugees who live outside the nation-state; some nations of this sense do not have a state where that ethnicity predominates. In a more general sense, a nation-state is simply a large, politically sovereign country or administrative territory. A nation-state may be contrasted with: This article mainly discusses the more specific definition of a nation-state as a typically sovereign country dominated by
348-801: A propagandistic and mythologised version , and (especially during conflicts) some nation-states still teach this kind of history. Language and cultural policy was sometimes hostile, aimed at suppressing non-national elements. Language prohibitions were sometimes used to accelerate the adoption of national languages and the decline of minority languages (see examples: Anglicisation , Bulgarization , Croatization , Czechization , Dutchification , Francisation , Germanisation , Hellenization , Hispanicization , Italianization , Lithuanization , Magyarisation , Polonisation , Russification , Serbization , Slovakisation , Swedification , Turkification ). In some cases, these policies triggered bitter conflicts and further ethnic separatism . But where it worked,
464-474: A royal house . Their territory could expand by royal intermarriage or merge with another state when the dynasty merged. In some parts of Europe, notably Germany , minimal territorial units existed. They were recognized by their neighbours as independent and had their government and laws. Some were ruled by princes or other hereditary rulers; some were governed by bishops or abbots . Because they were so small, however, they had no separate language or culture:
580-464: A common descent, a common language and many forms of shared culture. When implied unity was absent, the nation-state often tried to create it. It promoted a uniform national language through language policy . The creation of national systems of compulsory primary education and a relatively uniform curriculum in secondary schools was the most effective instrument in the spread of the national languages . The schools also taught national history, often in
696-409: A different set of Indigenous rights. "Enfranchisement" derives from the idea of "franchise", which has gradually been degraded as "vote". Indigenous people with the franchise became official citizens of Canada (or British subjects before 1947), were allowed to vote for representatives, were expected to pay taxes, and lived "off-reserve". By contrast, groups of people who lived on a reserve were subject to
812-524: A different set of rights and obligations. One needed to descend from an Indian to be allowed to live on a reserve. The tenure of land in a reserve was limited to the collective, or tribe, by virtue of a Crown protectorate . Interactions between enfranchised citizens and Indians were subject to strict controls; for example, the enfranchised were forbidden by the Royal Proclamation of 1763 to traffic in alcohol or land with Indians. The Crown (in this case
928-662: A diversity of rulers and "shadow caliphs" in the centuries of the Abbasid - Mamluk Caliphate since the Mongols' sacking of Baghdad and the killing of the last Abbasid Caliph in Baghdad, Iraq 1258. The Ottoman Caliphate as an office of the Ottoman Empire was abolished under Mustafa Kemal Atatürk in 1924 as part of Atatürk's Reforms . Some of the smaller European states were not so ethnically diverse but were also dynastic states ruled by
1044-714: A greater quality of status than women. Under Bill C-31, this system became known as the second generation cut-off. Bill C-31 amendments create a new system for classifying status Indians that maintains gender discrimination. Indigenous women's movements expressed that Bill C-31 failed to eliminate all gender discrimination from the Indian Act , and in 2010 the Canadian government introduced Bill C-3 (the Act to Promote Gender Equality in Indian Registration ). Bill C-31 attempts to recognise
1160-479: A husband with status. In Attorney General of Canada v. Lavell (1974), these laws were upheld despite arguments made under the Canadian Bill of Rights . The act was amended in 1985 (Bill C-31) to restore status to people who had lost it in one of these ways, and to their children. Though people accepted into band membership under band rules may not be status Indians, Bill C-31 clarified that various sections of
1276-404: A large geographic area and uses the concept of " Zhonghua minzu " or Chinese nationality, in the sense of ethnic groups . Still, it also officially recognizes the majority Han ethnic group which accounts for over 90% of the population, and no fewer than 55 ethnic national minorities . According to Philip G. Roeder, Moldova is an example of a Soviet-era "segment-state" ( Moldavian SSR ), where
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#17328444625191392-421: A lawyer for the purpose of making a claim against Canada, and further forbade them from raising money to retain a lawyer, on punishment of imprisonment. Section 87 exempts Indians from paying taxes on two types of property: (a) the interest of an Indian or a band in reserve lands or surrendered lands; and (b) the personal property of an Indian or a band situated on a reserve. The rights exclusive to Indians in
1508-743: A long history of intermarriage. Belgium is a classic example of a state that is not a nation-state. The state was formed by secession from the United Kingdom of the Netherlands in 1830, whose neutrality and integrity was protected by the Treaty of London 1839 ; thus, it served as a buffer state after the Napoleonic Wars between the European powers France , Prussia (after 1871 the German Empire ) and
1624-504: A particular ethnicity. The relationship between a nation (in the ethnic sense) and a state can be complex. The presence of a state can encourage ethnogenesis , and a group with a pre-existing ethnic identity can influence the drawing of territorial boundaries or argue for political legitimacy . This definition of a "nation-state" is not universally accepted. "All attempts to develop terminological consensus around 'nation' failed", concludes academic Valery Tishkov . Walker Connor discusses
1740-410: A policy to create and maintain national transportation infrastructure, facilitating trade and travel. In 19th-century Europe, the expansion of the rail transport networks was at first largely a matter for private railway companies but gradually came under the control of the national governments. The French rail network, with its main lines radiating from Paris to all corners of France, is often seen as
1856-638: A political significance. In these cases, the nationalist sentiment and the nationalist movement precede the unification of the German and Italian nation-states. Historians Hans Kohn, Liah Greenfeld, Philip White, and others have classified nations such as Germany or Italy, where they believe cultural unification preceded state unification, as ethnic nations or ethnic nationalities . However, "state-driven" national unifications, such as in France, England or China, are more likely to flourish in multiethnic societies, producing
1972-507: A reflection of the centralised French nation-state, which directed its construction . Nation states continue to build, for instance, specifically national motorway networks. Specifically, transnational infrastructure programmes, such as the Trans-European Networks , are a recent innovation. The nation-states typically had a more centralised and uniform public administration than their imperial predecessors: they were smaller, and
2088-408: A reserve are used or are to be used is for the use and benefit of the band. Marginal note: Use of reserves for schools, etc. 18. (2) The Minister may authorize the use of lands in a reserve for the purpose of Indian schools, the administration of Indian affairs, Indian burial grounds, Indian health projects or, with the consent of the council of the band, for any other purpose for the general welfare of
2204-523: A serious insult at that time when racism was gaining strength. Building the nation (as in France , it was the state that created the nation, and not the opposite process) is an ideal that the Spanish elites constantly reiterated, and, one hundred years later than Alcalá Galiano, for example, we can also find it in the mouth of the fascist José Pemartín , who admired the German and Italian modeling policies: "There
2320-496: A start, they have a different attitude to their territory compared to dynastic monarchies: it is semisacred and nontransferable. No nation would swap territory with other states simply, for example, because the king's daughter married. They have a different type of border , in principle, defined only by the national group's settlement area. However, many nation-states also sought natural borders (rivers, mountain ranges). They are constantly changing in population size and power because of
2436-509: A state. In Germany, neither Jews nor the Roma were considered part of the people, and both were specifically targeted for persecution. German nationality law defined "German" based on German ancestry, excluding all non-Germans from the people. In recent years, a nation-state's claim to absolute sovereignty within its borders has been criticized. A global political system based on international agreements and supra-national blocs characterized
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#17328444625192552-559: A traditional national heritage of civic nations , or territory-based nationalities . The idea of a nation-state was and is associated with the rise of the modern system of states, often called the " Westphalian system ", following the Treaty of Westphalia (1648). The balance of power , which characterized that system, depended for its effectiveness upon clearly defined, centrally controlled, independent entities, whether empires or nation states, which recognize each other's sovereignty and territory. The Westphalian system did not create
2668-403: Is a political unit where the state , a centralized political organization ruling over a population within a territory, and the nation , a community based on a common identity, are congruent. It is a more precise concept than " country ", since a country does not need to have a predominant national or ethnic group. A nation , sometimes used in the sense of a common ethnicity , may include
2784-636: Is also cultural, and there is a strong separatist movement espoused by the political parties, the right-wing Vlaams Belang and the New Flemish Alliance . The Francophone Walloon identity of Belgium is linguistically distinct and regionalist . There is also unitary Belgian nationalism , several versions of a Greater Netherlands ideal, and a German-speaking community of Belgium annexed from Germany in 1920 and re-annexed by Germany in 1940–1944. However, these ideologies are all very marginal and politically insignificant during elections. China covers
2900-698: Is an intimate and decisive dualism, both in Italian fascism and in German National Socialism. On the one hand, the Hegelian doctrine of the absolutism of the state is felt. The State originates in the Nation, educates and shapes the mentality of the individual; is, in Mussolini's words, the soul of the soul» And will be found again two hundred years later, from the socialist Josep Borrell : The modern history of Spain
3016-476: Is an unfortunate history that meant that we did not consolidate a modern State. Independenceists think that the nation makes the State. I think the opposite. The State makes the nation. A strong State, which imposes its language, culture, education. The turn of the 20th century, and the first half of that century, have seen the most ethnic violence, coinciding with a racism that even came to identify states with races; in
3132-491: Is constitutionally a confederation of cantons and has four official languages. Still, it also has a "Swiss" national identity, a national history and a classic national hero, Wilhelm Tell . Innumerable conflicts have arisen where political boundaries did not correspond with ethnic or cultural boundaries. After World War II in the Josip Broz Tito era, nationalism was appealed to for uniting South Slav peoples. Later in
3248-402: Is different from Wikidata All set index articles Indian Act#Loss of status prior to 1985 amendments The Indian Act ( French : Loi sur les Indiens ) is a Canadian Act of Parliament that concerns registered Indians , their bands , and the system of Indian reserves . First passed in 1876 and still in force with amendments, it is the primary document that defines how
3364-477: Is indicated that Catalan "is taught in schools, printed and spoken, not only among the lower class, but also among people of first quality, also in social gatherings, as in visits and congresses", indicating that it is spoken everywhere "except in the royal courts". He also indicates that Catalan is also spoken "in the Kingdom of Valencia, in the islands of Mallorca, Menorca, Ibiza, Sardinia, Corsica and much of Sicily, in
3480-447: Is the question of defining who they are (e.g. who are the "Indians" of the Indian Act ?), and this aspect of the legislation has been an ongoing source of controversy throughout its history. Not all people who self-identify as "Aboriginal" are considered "Indians" under the terms of the act. Only those on the official Indian Register maintained by the federal government (or a local "band list" in some cases) are Status Indians, subject to
3596-620: The Volk , later opposed by Ernest Renan ). The increasing emphasis during the 19th century on the ethnic and racial origins of the nation led to a redefinition of the nation-state in these terms. Racism , which in Boulainvilliers 's theories was inherently anti patriotic and antinationalist, joined itself with colonialist imperialism and "continental imperialism ", most notably in pan-Germanic and pan-Slavic movements. The relationship between racism and ethnic nationalism reached its height in
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3712-530: The British Empire , the Dutch Empire and smaller nations at what would now be called sub-state level. The multi-ethnic empire was a monarchy, usually absolute , ruled by a king, emperor or sultan . The population belonged to many ethnic groups, and they spoke many languages. The empire was dominated by one ethnic group, and their language was usually the language of public administration. The ruling dynasty
3828-599: The Decrees of Nueva Planta was the first step in the creation of the Spanish nation-state. As in other contemporary European states, political union was the first step in the creation of the Spanish nation-state, in this case not on a uniform ethnic basis, but through the imposition of the political and cultural characteristics of the dominant ethnic group, in this case the Castilians, over those of other ethnic groups, who became national minorities to be assimilated. In fact, since
3944-610: The Government of Canada interacts with the 614 First Nation bands in Canada and their members. Throughout its long history, the act has been a subject of controversy and has been interpreted in different ways by both Indigenous Canadians and non-Indigenous Canadians. The legislation has been amended many times, including "over five major changes" made in 2002. The act is very wide-ranging in scope, covering governance , land use , healthcare , education , and more on Indian reserves. Notably,
4060-635: The Gradual Civilization Act until 1961, the enfranchisement process was optional for men of age 21 able to read and write English or French. The great aim of our legislation has been to do away with the tribal system and assimilate the Indian people in all respects with the other inhabitants of the Dominion as speedily as they are fit to change. John A Macdonald, 1887 Reserves, under this legislation, were islands within Canada to which were attached
4176-506: The Hebrew Bible "gave the world the model of nationhood, and even nation-statehood"; however, after the fall of Jerusalem , the Jews lost this status for nearly two millennia, while still preserving their national identity until "the more inevitable rise of Zionism ", in modern times, which sought to establish a nation-state . Eric Hobsbawm argues that the establishment of a French nation
4292-713: The Indian Act are beyond legal challenge under the Constitution Act, 1982 . Section 25 of the Constitution Act, 1982 provides that the Canadian Charter of Rights and Freedoms shall not be interpreted as negating Aboriginal, treaty or other rights of Canada's Aboriginal peoples. Section 88 of the act states that provincial laws may affect Aboriginals if they are of "general application", meaning that they affect other people as well as Aboriginals. Hence, provincial laws are incorporated into federal law, since otherwise
4408-458: The Indian Act without success. Those changes that have been made have been piecemeal reforms, rather than sweeping revisions. Since the 1990s, several pieces of legislation have been passed allowing individual bands to opt out of a particular section of the Indian Act if an agreement is signed between the band and the government putting alternative measures in place. These are called "Sectoral Legislative Arrangements". The band remains subject to
4524-439: The Indian Act would apply to such members. The sections in question are those relating to community life (e.g., landholdings). Sections relating to Indians (Aboriginal people) as individuals (in this case, wills and taxation of personal property) were not included. Bonita Lawrence (2003) discusses a feminist position on the relationship between federal definition and Indian identity in Canada. Until 1985, subsection 12(1)(b) of
4640-628: The Indian Act , updated to April 2013, the term "band" means a body of Indians (a) for whose use and benefit in common, lands, the legal title to which is vested in Her Majesty, have been set apart before, on or after September 4, 1951, (b) for whose use and benefit in common, moneys are held by Her Majesty, or (c) declared by the Governor in Council to be a band for the purposes of this Act. Fundamental to Canada's ability to interact with First Nations peoples
4756-522: The Indian Department ) hoped, by means of fiduciary duty that it voluntarily took on, to preserve Indian identity. But later the government of the Province of Canada conceived of the compulsory enfranchisement scheme of the Gradual Civilization Act . The 1985 amendment to the Indian Act extinguished the idea of enfranchisement, although by then Status Indians were Canadian citizens by birth . Under
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4872-499: The Muslim world , immediately after Muhammad died in 632, Caliphates were established. Caliphates were Islamic states under the leadership of a political-religious successor to the Islamic prophet Muhammad . These polities developed into multi-ethnic trans-national empires. The Ottoman sultan, Selim I (1512–1520) reclaimed the title of caliph, which had been in dispute and asserted by
4988-684: The Ottoman Empire broke up after the First World War , but the Russian Empire was replaced by the Soviet Union in most of its multinational territory after the Russian Civil War . A few of the smaller states survived: the independent principalities of Liechtenstein , Andorra , Monaco , and the Republic of San Marino . ( Vatican City is a special case. All of the larger Papal States save
5104-627: The Royal Proclamation of 1763 which made it illegal for British subjects to buy land directly from Indian nations, because only the Crown could add land to the British Empire from other sovereign nations through treaties. This led to early treaties between Britain and nations the British still recognized as sovereign, like the " Peace and Friendship Treaties " with the Mi'kmaq and the Upper Canada treaties. During
5220-612: The Supreme Court of Canada ruled that the Indian Act was not discriminatory, as the pair gained the legal rights of white women at the same time they lost the status of Indian women, in a parallel to R. v. Drybones . In 1981, Sandra Lovelace , a Maliseet woman from western New Brunswick , forced the issue by taking her case to the United Nations Human Rights Committee , contending that she should not have to lose her own status by her marriage. The Canadian law
5336-738: The United Kingdom until World War I , when the Germans breached its neutrality. Currently, Belgium is divided between the Flemings in the north, the French-speaking population in the south, and the German-speaking population in the east. The Flemish population in the north speaks Dutch, the Walloon population in the south speaks either French or, in the east of Liège Province , German. The Brussels population speaks French or Dutch. The Flemish identity
5452-421: The matrilineal cultures of many First Nations, whereby children were born to the mother's clan and people gained their belonging in the clan from her family. Often property and hereditary leadership passed through the maternal line. In addition, the 1876 Indian Act maintained that Indigenous women with status who married status Indigenous men would, in the event of divorce, be unable to regain their status to
5568-485: The "double mother" clause, "removed status from children when they reached the age of 21 if their mother and paternal grandmother did not have status before marriage." Much of the discrimination stems from the Indian Act amendments and modifications in 1951. Lawrence discusses the struggles of Jeannette Corbiere Lavell and Yvonne Bédard in the early 1970s, two Indigenous women who had both lost their Indian status for marrying white men. Lavell , whose activism helped create
5684-720: The "grass dance". The dance ceremony involved the giving away and exchange of blankets and horses; thus it breached Section 114 of the Indian Act. As a result, Wanduta, an elder of the Dakota community, was sentenced to four months of hard labour and imprisonment on January 26, 1903. According to Canadian historian Constance Backhouse, the Aboriginal "give-away dances" were ceremonies more commonly known as potlatches that connected entire communities politically, economically and socially. These dances affirmed kinship ties, provided elders with opportunities to pass on insight, legends and history to
5800-560: The "nation-state project of the segment-state trumped the nation-state project of prior statehood. In Moldova, despite strong agitation from university faculty and students for reunification with Romania , the nation-state project forged within the Moldavian SSR trumped the project for a return to the interwar nation-state project of Greater Romania ." See Controversy over linguistic and ethnic identity in Moldova for further details. Israel
5916-548: The 1980s, as prison wardens often denied Indigenous peoples access to materials used for prayer. Starting in the early 1900s, the Nisga'a First Nation started or attempted to start several legal proceedings to take control of their traditional territory. A series of attempts were denied by the B.C. government or not pursued by the Canadian Government. A 1927 amendment (Section 141) forbade any First Nation or band from retaining
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#17328444625196032-459: The 20th century through fascism and Nazism . The specific combination of "nation" ("people") and "state" expressed in such terms as the völkischer Staat and implemented in laws such as the 1935 Nuremberg laws made fascist states such as early Nazi Germany qualitatively different from non-fascist nation-states. Minorities were not considered part of the people ( Volk ) and were consequently denied to have an authentic or legitimate role in such
6148-554: The 20th century, after the break-up of the Soviet Union, leaders appealed to ancient ethnic feuds or tensions that ignited conflict between the Serbs , Croats , and Slovenes , as well as Bosniaks , Montenegrins and Macedonians , eventually breaking up the long collaboration of peoples. Ethnic cleansing was carried out in the Balkans, destroying the formerly socialist republic and producing
6264-782: The Budget Tabled in Parliament on February 11, 2014 and Other Measures, a 2014 act including provisions on bitcoin [REDACTED] Index of articles associated with the same name This set index article includes a list of related items that share the same name (or similar names). If an internal link incorrectly led you here, you may wish to change the link to point directly to the intended article. Retrieved from " https://en.wikipedia.org/w/index.php?title=Bill_C-31&oldid=1241200096 " Categories : Set index articles Canadian federal legislation Hidden categories: Articles with short description Short description
6380-601: The Canadian Charter of Rights and Freedoms . In Canada (Canadian Human Rights Commission) v. Canada (Attorney General) (2018), the majority found that the Canadian Human Rights Tribunal 's determination that the Indian Act did not violate the Canadian Human Rights Act was reasonable due to judicial deference . National Sovereignty List of forms of government A nation-state
6496-630: The Castilian language, for which purpose he will give the most temperate and disguised measures so that the effect is achieved, without the care being noticed." From there, actions in the service of assimilation, discreet or aggressive, were continued, and reached to the last detail, such as, in 1799, the Royal Certificate forbidding anyone to "represent, sing and dance pieces that were not in Spanish." These nationalist policies, sometimes very aggressive, and still in force, have been, and still are,
6612-479: The Catalans. One of the responses of Spanish nationalism came from the military state with statements such as that of the publication La Correspondencia militar : "The Catalan problem is not solved, well, by freedom, but by restriction; not by palliatives and pacts, but by iron and fire". Another came from important Spanish intellectuals, such as Pio Baroja and Blasco Ibáñez , calling the Catalans " Jews ", considered
6728-514: The Department of Indian Affairs. Consequently, the reality of scarce access to essential services and resources amongst Indigenous communities became a primary factor driving the membership process and its outcomes. As stated in Bill C-31, women who lost their status as a result of marrying a man who was not a status Indian can apply for reinstatement and regain status under subsection 6(1). However,
6844-649: The International Covenant, in concurrence of Article 27. As well, In Article 2(3)(a) of the decision, the Government of Canada must provide effective remedy. Under the United Nations' International Covenant on Civil and Political Rights, the Government of Canada is required in 180 days to fulfill these requirements: to ensuring that paragraph 6(1)(a) of the Indian Act is understood in a way that allows registration of those who were not previously registered under
6960-664: The Kingdom of the Netherlands are: Each is expressly designated as a land in Dutch law by the Charter for the Kingdom of the Netherlands . Unlike the German Länder and the Austrian Bundesländer , landen is consistently translated as "countries" by the Dutch government. While historical monarchies often brought together different kingdoms/territories/ethnic groups under
7076-407: The Ontario Native Women's Association and also held the position of vice president of the Native Women's Association of Canada , and other Indigenous women were key actors in generating public awareness of gender discrimination in Canadian law and paving the way for later amendments to the Indian Act that allowed some women and their children to regain and/or attain status under Bill-C31. Meanwhile,
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#17328444625197192-438: The Superior Court of Quebec decision in Descheneaux c. Canada (Procureur général)" addresses gender-based inequalities in the Indian Act . Bill S-3 received royal assent in December 2017 and came in to full effect in August 2019. In 1894 amendments to the Indian Act made school attendance compulsory for Indigenous children between 7 and 16 years of age. The changes included a series of exemptions regarding school location,
7308-460: The United Nations' Human Rights Committee decision in the Sandra Lovelace case and Charter compliance issues. However, under Bill C-31, women who regain status fall under 6(1) and her children fall under 6(1) status. However, anybody who loses and regains status that is not from marriage falls under 6(2) and cannot gain status [like 6(1)]. This action has ultimately violated the United Nations' International Covenant on Civil and Political Rights through
7424-429: The Vall of Aran and Cerdaña". The nationalization process accelerated in the 19th century, in parallel to the origin of Spanish nationalism , the social, political and ideological movement that tried to shape a Spanish national identity based on the Castilian model, in conflict with the other historical nations of the State. Politicians of the time were aware that despite the aggressive policies pursued up to that time,
7540-466: The Vatican itself were occupied and absorbed by Italy by 1870. The resulting Roman Question was resolved with the rise of the modern state under the 1929 Lateran treaties between Italy and the Holy See .) "Legitimate states that govern effectively and dynamic industrial economies are widely regarded today [2004] as the defining characteristics of a modern nation-state." Nation-states have their characteristics differing from pre-national states. For
7656-451: The act "discriminated against Indian women by stripping them and their descendants of their Indian status if they married a man without Indian status." Under subsection 12(2) of the act, "'illegitimate' children of status Indian women could also lose status if the alleged father was known not to be a status Indian and if the child's status as an Indian was "protested" by the Indian agent." Further, subparagraph 12(1)(a)(iv), which Lawrence calls
7772-557: The act except for the section in question. The 1895 amendment of the Indian Act (Section 114) criminalized many Aboriginal ceremonies, which resulted in the arrest and conviction of numerous Aboriginal people for practising their basic traditions. These arrests were based on Aboriginal participation in festivals, dances and ceremonies that involved the wounding of animals or humans, or the giving away of money or goods. The Dakota people (Sioux) who settled in Oak River, Manitoba, in 1875 were known to conduct "give-away dances", also known as
7888-415: The act worked to disadvantage the position of Aboriginal women and can be considered an attempt to demolish Aboriginal families and alienate Aboriginal women from their land. Inflicting gender discriminatory laws, the Canadian government marginalized and disadvantaged Aboriginal women. Section 12 gained the attention of female movements contributing to a variety of proposals for reform. Amended in 1985 through
8004-417: The act, as stated by its drafters, was to administer Indian affairs in such a way that Indian people would feel compelled to renounce their Indian status and join Canadian civilization as full members: a process called enfranchisement. The idea of enfranchisement predated the 1876 version of the act and survived in some form until 1985. From the introduction in 1857 by the Taché - Macdonald administration of
8120-448: The band they were originally registered in. This occurred as a result of the act's enforcement of the patrilineal descent principle required to determine an individual's eligibility for Indian status. As individuals, Indigenous women were not eligible for status or able to transfer status to their children in their own right. Indian status could only be reacquired or transferred legally by proof of an Indigenous father or through marriage to
8236-401: The band, and may take any lands in a reserve required for those purposes, but where an individual Indian, immediately prior to the taking, was entitled to the possession of those lands, compensation for that use shall be paid to the Indian, in such amount as may be agreed between the Indian and the Minister, or, failing agreement, as may be determined in such manner as the Minister may direct. In
8352-626: The case of Spain, with a supposed Spanish race sublimated in Castilian, of which national minorities were degenerate forms, and the first of those that needed to be exterminated. There were even public proposals for the repression of whole Catalonia, and even the extermination of Catalans, such as that of Juan Pujol, Head of Press and Propaganda of the Junta de Defensa Nacional during the Spanish Civil War , in La Voz de España , or that of Queipo de Llano , in
8468-447: The children of reinstated women are subject to registration under subsection 6(2). Aboriginal people registered under section 6(2) are unable to transmit status to future generations. Thus, by reinstating women under section 6 of the act, the Canadian government failed to completely remove gender discrimination from its legislation, as the children of reinstated women have restrictions on their status, and status Indian men continue to hold
8584-514: The civil wars in Croatia and Bosnia and Herzegovina in 1992–95, resulting in mass population displacements and segregation that radically altered what was once a highly diverse and intermixed ethnic makeup of the region. These conflicts were mainly about creating a new political framework of states, each of which would be ethnically and politically homogeneous. Serbs, Croats and Bosniaks insisted they were ethnically distinct, although many communities had
8700-606: The constitution and the Indian Act . The case involved whether Aboriginals were subject to provincial game laws when hunting on Indian reserves. The act was at the centre of the 1969 Supreme Court case R. v. Drybones , regarding the conflict of a clause forbidding Indians to be drunk off the reserve with the Bill of Rights. The case is remembered for having been one of the few in which the Bill of Rights prevailed in application to Indian rights. In Corbiere v. Canada (1999), voting rights on reserves were extended under Section Fifteen of
8816-511: The creation of a national identity under this theory. Some nation-states, such as Germany and Italy , came into existence at least partly as a result of political campaigns by nationalists during the 19th century. In both cases, the territory was previously divided among other states, some very small. At first, the sense of common identity was a cultural movement, such as in the Völkisch movement in German-speaking states, which rapidly acquired
8932-688: The cultural uniformity and homogeneity of the population increased. Conversely, the cultural divergence at the border became sharper: in theory, a uniform French identity extends from the Atlantic coast to the Rhine , and on the other bank of the Rhine, a uniform German identity begins. Both sides have divergent language policy and educational systems to enforce that model. The notion of a unifying "national identity" also extends to countries that host multiple ethnic or language groups, such as India . For example, Switzerland
9048-458: The discriminatory practices of the Indian Act ; that this law discriminates against Indigenous women and her descendants and their right to express their culture. In addition, this decision was also made based on the 2007 Supreme Court of British Columbia case of Sharon McIvor and her son, Jacob Grisner, that have been waiting over a decade of a verdict of their case. The UNHRC's decision has determined that Bill C-31 has violated Articles 3 and 26 of
9164-644: The distinction of paragraph 6(1)(a) on the basis of sex and gender, account for the ongoing discrimination of Indigenous peoples in Canada of gender and sex in the Indian Act and to avoid future discrimination similar to this Bill. Bill C-3 amendments to the act ( Gender Equity in Indian Registration Act —GEIRA) permitted Aboriginal women reinstated under subsection 6(2) to be eligible for 6(1) status. Creating paragraph 6(1)(c.1) registration, reinstated Aboriginal women could only be eligible for registration under 6(1) if they had non-status children. Since it
9280-624: The frequency of nation-state creation to processes of diffusion that emanate from international organizations. In Europe , during the 18th century, the classic non-national states were the multiethnic empires , the Austrian Empire , the Kingdom of France (and its empire ), the Kingdom of Hungary , the Russian Empire , the Portuguese Empire , the Spanish Empire , the Ottoman Empire ,
9396-442: The full legal benefits and restrictions of the act. Notably this excludes Métis , Inuit , and so-called Non-Status Indians . Various amendments and court decisions have repeatedly altered the rules regarding who is eligible for Indian Status. Many bands now maintain their own band lists. Prior to 1985, Indigenous persons could lose status under the act in a variety of ways, including the following: These provisions interfered with
9512-614: The government of Canada apologized. In 1885, an amendment to the act banned the Potlatch ceremony of the West Coast peoples. The Potlatch ban drove traditional ceremonies underground. A similar amendment in 1895 banned the Sun Dance of the Plains peoples, which was not lifted until 1951. Although lifted in 1951, repression of Indigenous spiritual practices continued in Canadian prisons through to
9628-553: The health of the children and their prior completion of school examinations. The Canadian Indian residential school system subjected children to forced conversions, sickness, abuse and what has been described as an attempt at cultural genocide by the Truth and Reconciliation Commission . The residential school system severed family ties and diminished the transmission of traditional culture, in an attempt to assimilate Indigenous peoples into broader Canadian society for which on June 11, 2008,
9744-406: The impressions surrounding the characters of " nation ", " (sovereign) state ", "nation-state", and " nationalism ". Connor, who gave the term " ethnonationalism " wide currency, also discusses the tendency to confuse nation and state and the treatment of all states as if nation states. The origins and early history of nation-states are disputed. A major theoretical question is: "Which came first,
9860-611: The inhabitants shared the language of the surrounding region. In some cases, these states were overthrown by nationalist uprisings in the 19th century. Liberal ideas of free trade played a role in German unification, which was preceded by a customs union , the Zollverein . However, the Austro-Prussian War and the German alliances in the Franco-Prussian War were decisive in the unification. The Austro-Hungarian Empire and
9976-425: The introduction of Bill C-31, section 12 was removed and status was reinstated to those affected. The 1985 amendments led to the repatriation of status for many Indigenous women and their children but did not guarantee acceptance into an Indian band. A decade later, nearly 100,000 people had their status' reinstated while bands had newly gained control of membership responsibilities which was previously administrated by
10092-783: The kings had to swear by the Laws of each territory before the respective Parliaments . Forming the Spanish Empire , at this time the Hispanic Monarchy had its maximum territorial expansion. After the War of the Spanish Succession , rooted in the political position of the Count-Duke of Olivares and the absolutism of Philip V , the assimilation of the Crown of Aragon by the Castilian Crown through
10208-414: The limited restrictions of their borders. The most noticeable characteristic is the degree to which nation-states use the state as an instrument of national unity in economic, social and cultural life. The nation-state promoted economic unity by abolishing internal customs and tolls . In Germany, that process, the creation of the Zollverein , preceded formal national unity. Nation states typically have
10324-538: The nation or the nation-state?" Scholars such as Steven Weber , David Woodward , Michel Foucault and Jeremy Black have advanced the hypothesis that the nation-state did not arise out of political ingenuity or an unknown undetermined source, nor was it a political invention; rather, it is an inadvertent by-product of 15th-century intellectual discoveries in political economy , capitalism , mercantilism , political geography , and geography combined with cartography and advances in map-making technologies . It
10440-521: The nation-state as a 19th-century European phenomenon facilitated by developments such as state-mandated education, mass literacy and mass media . However, historians also note the early emergence of a relatively unified state and identity in Portugal and the Dutch Republic , and some date the emergence of nations even earlier. Adrian Hastings , for instance, argued that Ancient Israel as depicted in
10556-531: The nation-state, but the nation-state meets the criteria for its component states (by assuming that there is no disputed territory). Before the Westphalian system, the closest geopolitical system was the "Chanyuan system" established in East Asia in 1005 through the Treaty of Chanyuan , which, like the Westphalian peace treaties, designated national borders between the independent regimes of China's Song dynasty and
10672-443: The negotiations around Canadian Confederation , the framers of Canada's constitution wanted the new federal government to inherit Britain's former role in treaty-making and land acquisition, and specifically assigned responsibility for "Indians and lands reserved for Indians" to the federal government (rather than the provinces ), by the terms of Section 91(24) of the Constitution Act, 1867 . The Indian Act replaced any laws on
10788-568: The next generation, and were a core part of Aboriginal resistance to assimilation. It is estimated that between 1900 and 1904, 50 Aboriginal people were arrested and 20 were convicted for their involvement in such dances. The Indian Act was amended in 1951 to allow religious ceremonies, including the "give-away dance". In R. v. Jim (1915), the British Columbia Supreme Court found that Aboriginal hunting on Indian reserves should be considered under federal jurisdiction under both
10904-571: The number of Italian speakers in Italy was even lower at the time of Italian unification , similar arguments have been made regarding the modern Italian nation, with both the French and the Italian states promoting the replacement of various regional dialects and languages with standardized dialects . The introduction of conscription and the Third Republic 's 1880s laws on public instruction facilitated
11020-432: The original Indian Act defines two elements that affect all Indigenous Canadians : The act was passed because the Crown relates differently to First Nations (historically called "Indians") than to other ethnic groups because of their previous history on the land. When Canada confederated in 1867 the new state inherited legal responsibilities from the colonial periods under France and Great Britain , most notably
11136-521: The other Christian kings of the peninsula: "... if these four Kings of Spain whom he named, who are of one flesh and blood, held together, little need they fear all the other powers of the world. ..". After the dynastic union of the Catholic Monarchs in the 15th century, the Spanish Monarchy ruled over different kingdoms, each with its own cultural, linguistic and political particularities, and
11252-530: The political unification of 1714, Spanish assimilation policies towards Catalan-speaking territories ( Catalonia , Valencia , the Balearic Islands , part of Aragon ) and other national minorities, as Basques and Galicians , have been a historical constant. The process of assimilation began with secret instructions to the corregidores of the Catalan territory: they "will take the utmost care to introduce
11368-471: The population was less diverse. (The internal diversity of the Ottoman Empire , for instance, was very great.) After the 19th-century triumph of the nation-state in Europe, regional identity was subordinate to national identity in regions such as Alsace-Lorraine , Catalonia , Brittany and Corsica . In many cases, the regional administration was also subordinated to the central (national) government. This process
11484-501: The population, are the largest ethnic minority in Israel. Israel also has very small communities of Armenians , Circassians , Assyrians , Samaritans . There are also some non-Jewish spouses of Israeli Jews. However, these communities are very small, and usually number only in the hundreds or thousands. The Kingdom of the Netherlands presents an unusual example in which one kingdom represents four distinct countries. The four countries of
11600-414: The post-war era. Non-state actors, such as international corporations and non-governmental organizations , are widely seen as eroding the economic and political power of nation-states. According to Andreas Wimmer and Yuval Feinstein, nation-states tended to emerge when power shifts allowed nationalists to overthrow existing regimes or absorb existing administrative units. Xue Li and Alexander Hicks links
11716-728: The provincial laws would be unconstitutional. In Kruger and al. v. The Queen (1978), the Supreme Court found that provincial laws with a more significant impact on Aboriginals than other people can be upheld, as "There are few laws which have a uniform impact." Constitutional scholar Peter Hogg argues that in Dick v. The Queen (1985), the Supreme Court "changed its mind about the scope of s. 88." Section 88 could now protect provincial laws relating to primary Aboriginal issues and even limiting Aboriginal rights. Numerous failed attempts have been made by Canadian parliamentarians to repeal or replace
11832-408: The provisions of Section 91(24) of the Constitution Act, 1867 , which provides Canada's federal government exclusive authority to govern in relation to "Indians and Lands Reserved for Indians". It was an attempt to codify rights promised to Native peoples by King George III in the Royal Proclamation of 1763 while at the same time enforcing Euro-Canadian standards of "civilization" . The purpose of
11948-624: The same crown, in modern nation states political elites seek a uniformity of the population, leading to state nationalism. In the case of the Christian territories of the future Spain , neighboring Al-Andalus , there was an early perception of ethnicity, faith and shared territory in the Middle Ages (13th–14th centuries), as documented by the Chronicle of Muntaner in the proposal of the Castilian king to
12064-406: The section entitled "Reserves" in the Indian Act , reserves are said "to be held for use and benefit of Indians. 18. (1) Subject to this Act, reserves are held by Her Majesty for the use and benefit of the respective bands for which they were set apart, and subject to this Act and to the terms of any treaty or surrender, the Governor in Council may determine whether any purpose for which lands in
12180-409: The seed of repeated territorial conflicts within the State. Although official Spanish history describes a "natural" decline of the Catalan language and increasing replacement by Spanish between the 16th and 19th centuries, especially among the upper classes, a survey of language usage in 1807, commissioned by Napoleon , indicates that except in the royal courts, Spanish is absent from everyday life. It
12296-412: The semi-nomadic Liao dynasty . This system was copied and developed in East Asia in the following centuries until the establishment of the pan-Eurasian Mongol Empire in the 13th century. The nation-state received a philosophical underpinning in the era of Romanticism , at first as the "natural" expression of the individual peoples ( romantic nationalism : see Johann Gottlieb Fichte 's conception of
12412-443: The topic passed by a local legislature before a province joined Canadian Confederation, creating a definitive national policy. The act is not a treaty; it is Canada's legal response to the treaties. The act's unilateral nature was imposed on Indigenous peoples after passage by the Canadian government, in contrast to the treaties, which were negotiated. This aspect was resented and resisted by many Indigenous peoples in Canada. The act
12528-510: The uniform and monocultural "Spanish nation" did not exist, as indicated in 1835 by Antonio Alcalà Galiano , when in the Cortes del Estatuto Real he defended the effort "To make the Spanish nation a nation that neither is nor has been until now." In 1906, the Catalanist party Solidaritat Catalana was founded to try to mitigate the economically and culturally oppressive treatment of Spain towards
12644-874: Was amended in 1985. The Canadian government applied gender bias requirements to the legal status of Aboriginal peoples in Canada. First passed as part of the Gradual Enfranchisement Act , a status Indian woman who married a man who was not a status Indian became non-status. Without legal status, Aboriginal women are unable to access treaty benefits, practice inherent rights to live on their reserve, inherit family property or be buried on reserve with ancestors. Restricted from access to their native community, Aboriginal women without legal status were unable to participate in ceremonies and rituals on their traditional land. However, these conditions did not apply to status Indian men who married non-status women; these men were able to keep their status. Section 12, paragraph 1(b) of
12760-684: Was founded as a Jewish state in 1948. Its " Basic Laws " describe it as both a Jewish and a democratic state. The Basic Law: Israel as the Nation-State of the Jewish People (2018) explicitly specifies the nature of the State of Israel as the nation-state of the Jewish people . According to the Israel Central Bureau of Statistics , 75.7% of Israel's population are Jews. Arabs , who make up 20.4% of
12876-699: Was introduced in 1875 by the Liberal government as a consolidation of various laws concerning Indigenous peoples enacted by the separate colonies of British North America prior to Confederation , most notably the Gradual Civilization Act passed by the Parliament of the Province of Canada in 1857 and the Gradual Enfranchisement Act of 1869. The act was passed by the Parliament of Canada under
12992-481: Was not the result of French nationalism , which would not emerge until the end of the 19th century, but rather the policies implemented by pre-existing French states. Many of these reforms were implemented since the French Revolution , at which time only half of the French people spoke some French – with only a quarter of those speaking the version of it found in literature and places of learning. As
13108-418: Was partially reversed from the 1970s onward, with the introduction of various forms of regional autonomy , in formerly centralised states such as Spain or Italy . The most apparent impact of the nation-state, as compared to its non-national predecessors, is creating a uniform national culture through state policy. The model of the nation-state implies that its population constitutes a nation , united by
13224-402: Was the children of Aboriginal women who had been affected by restrictions under subsection 6(2) legal registration, only women who had children were eligible to be registered under subsection 6(1) of the act. Continuing to place restrictions on the status of reinstated women, Bill C-3 does not remove all gender bias provisions from the act. Bill S-3, "An Act to amend the Indian Act in response to
13340-751: Was usually, but not always, from that group. This type of state is not specifically European: such empires existed in Asia, Africa and the Americas. Chinese dynasties, such as the Tang dynasty , the Yuan dynasty , and the Qing dynasty , were all multiethnic regimes governed by a ruling ethnic group. In the three examples, their ruling ethnic groups were the Han-Chinese , Mongols , and the Manchus . In
13456-399: Was with these intellectual discoveries and technological advances that the nation-state arose. For others, the nation existed first, then nationalist movements arose for sovereignty , and the nation-state was created to meet that demand. Some " modernization theories " of nationalism see it as a product of government policies to unify and modernize an already existing state. Most theories see
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