132-709: The Shuswap Indian Reserve is a First Nations reserve in the Columbia Valley region of British Columbia , Canada , located on the left bank of the Columbia River , one mile (1.6 km) north of Invermere . The reserve is the home reserve of the Shuswap Indian Band , a band government of the Secwepemc (Shuswap) people and a member government of the Shuswap Nation Tribal Council and also of
264-452: A "designated group," along with women, visible minorities , and people with physical or mental disabilities. First Nations are not defined as a visible minority by the criteria of Statistics Canada . North American indigenous peoples have cultures spanning thousands of years. Some of their oral traditions accurately describe historical events, such as the Cascadia earthquake of 1700 and
396-551: A change in the public perception of the residential school system, as well as official government apologies, and a (controversial) legal settlement. Colonization had a significant impact on First Nations diet and health. According to the historian Mary-Ellen Kelm, "inadequate reserve allocations, restrictions on the food fishery, overhunting, and over-trapping" alienated First Nations from their traditional way of life, which undermined their physical, mental, emotional, and spiritual health. As Canadian ideas of progress evolved around
528-409: 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
660-524: 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
792-714: 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
924-479: 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
1056-421: 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
1188-653: A neutral Indian state in the American Old Northwest, and made this demand as late as 1814 at the peace negotiations at Ghent. The Americans rejected the idea, the British dropped it, and Britain's Indian allies lost British support. In addition, the Indians were no longer able to gather furs in American territory. Abandoned by their powerful sponsor, Great Lakes-area natives ultimately assimilated into American society, migrated to
1320-408: 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
1452-562: A result of health transfer was a factor that assisted the creation of the First Nations Health Authority in British Columbia. Indian Act 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
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#17330943073931584-524: A right of access." More than 6,000 First Nations, Inuit and Métis served with British forces during First World War and Second World War . A generation of young native men fought on the battlefields of Europe during the Great War and approximately 300 of them died there. When Canada declared war on Germany on September 10, 1939, the native community quickly responded to volunteer. Four years later, in May 1943,
1716-675: A variant of Métis . The Métis as of 2013 predominantly speak English , with French a strong second language, as well as numerous Aboriginal tongues. Métis French is best preserved in Canada, Michif in the United States, notably in the Turtle Mountain Indian Reservation of North Dakota , where Michif is the official language of the Métis that reside on this Chippewa reservation. The encouragement and use of Métis French and Michif
1848-479: A wide range of chemical effects, including severe mercury poisoning. They suffered low birth rates, skewed birth-gender ratio, and health effects among the population. This led to legislation and eventually the Indian Health Transfer Policy that provided a framework for the assumption of control of health services by First Nations people, and set forth a developmental approach to transfer centred on
1980-560: Is a misnomer, given to Indigenous peoples of North America by European explorers who erroneously thought they had landed in the East Indies . The use of the term Native Americans , which the government and others have adopted in the United States, is not common in Canada. It refers more specifically to the Indigenous peoples residing within the boundaries of the US. The parallel term Native Canadian
2112-491: Is a term used to identify Indigenous peoples in Canada who are neither Inuit nor Métis . Traditionally, First Nations in Canada were peoples who lived south of the tree line , and mainly south of the Arctic Circle . There are 634 recognized First Nations governments or bands across Canada. Roughly half are located in the provinces of Ontario and British Columbia . Under Charter jurisprudence , First Nations are
2244-634: Is growing due to outreach within the five provincial Métis councils after at least a generation of steep decline. Canada's Indian and Northern Affairs define Métis to be those persons of mixed First Nation and European ancestry. Allied with the French, the first nations of the Wabanaki Confederacy of Acadia fought six colonial wars against the British and their native allies (See the French and Indian Wars , Father Rale's War and Father Le Loutre's War ). In
2376-693: Is not commonly used, but Native (in English) and Autochtone (in Canadian French ; from the Greek auto , own, and chthon , land) are. Under the Royal Proclamation of 1763 , also known as the "Indian Magna Carta , " the Crown referred to Indigenous peoples in British territory as tribes or nations. The term First Nations is capitalized. Bands and nations may have slightly different meanings. Within Canada,
2508-504: Is not well defined. The earliest accounts of contact occurred in the late 10th century, between the Beothuk and Norsemen . According to the Sagas of Icelanders , the first European to see what is now Canada was Bjarni Herjólfsson , who was blown off course en route from Iceland to Greenland in the summer of 985 or 986 CE. The first European explorers and settlers of what is now Canada relied on
2640-554: Is on the west coast of Vancouver Island . In pre-contact and early post-contact times, the number of nations was much greater, but smallpox and other consequences of contact resulted in the disappearance of groups, and the absorption of others into neighbouring groups. The Nuu-chah-nulth are relations of the Kwakwaka'wakw , the Haisla , and the Ditidaht . The Nuu-chah-nulth language is part of
2772-577: Is passed on through oral tradition of the Squamish indigenous peoples of the Pacific Northwest Coast . Prior to colonization and the introduction of writing had only oral tradition as a way to transmit stories, law, and knowledge across generations. The writing system established in the 1970s uses the Latin alphabet as a base. Knowledgeable elders have the responsibility to pass historical knowledge to
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#17330943073932904-447: 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
3036-488: The Citizenship Act was amended to grant formal citizenship to Status Indians and Inuit, retroactively as of January 1947. In 1960, First Nations people received the right to vote in federal elections without forfeiting their Indian status. By comparison, Native Americans in the United States had been allowed to vote since the 1920s. In his 1969 White Paper , then- Minister of Indian Affairs , Jean Chrétien , proposed
3168-608: The Atlantic coast. Together with other Anicinàpek, they arrived at the "First Stopping Place" near Montreal. While the other Anicinàpe peoples continued their journey up the St. Lawrence River , the Algonquins settled along the Ottawa River ( Kitcisìpi ), an important highway for commerce, cultural exchange, and transportation. A distinct Algonquin identity, though, was not realized until after
3300-593: The British Parliament's Slavery Abolition Act finally abolished slavery in all parts of the British Empire . Historian Marcel Trudel has documented 4,092 recorded slaves throughout Canadian history, of which 2,692 were Aboriginal people, owned by the French, and 1,400 blacks owned by the British, together owned by approximately 1,400 masters. Trudel also noted 31 marriages took place between French colonists and Aboriginal slaves. British agents worked to make
3432-692: The Cowichan and Fraser rivers, and those from Saskatchewan managed to produce good harvests. Since 1881, those First Nations people living in the prairie provinces required permits from Indian Agents to sell any of their produce. Later the government created a pass system in the old Northwest Territories that required indigenous people to seek written permission from an Indian Agent before leaving their reserves for any length of time. Indigenous people regularly defied those laws, as well as bans on Sun Dances and potlatches, in an attempt to practice their culture. The 1930 Constitution Act or Natural Resources Acts
3564-537: The District of Saskatchewan under Riel against the Dominion of Canada, which they believed had failed to address their concerns for the survival of their people. In 1884, 2,000 Cree from reserves met near Battleford to organize into a large, cohesive resistance. Discouraged by the lack of government response but encouraged by the efforts of the Métis at armed rebellion, Wandering Spirit and other young militant Cree attacked
3696-561: 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,
3828-554: 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. Reserves, under this legislation, were islands within Canada to which were attached
3960-644: The Great Lakes and the Illinois Country . The alliance involved French settlers on the one side, and on the other side were the Abenaki, Odawa, Menominee , Ho-Chunk (Winnebago), Mississaugas , Illiniwek , Huron- Petun , Potawatomi etc. It allowed the French and the Indians to form a haven in the middle- Ohio valley before the open conflict between the European powers erupted. In the Royal Proclamation of 1763 ,
4092-713: 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
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4224-458: 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
4356-439: 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
4488-628: 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
4620-522: 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
4752-666: The Ktunaxa Kinbasket Tribal Council in alliance with nearby bands of the Ktunaxa people. 50°32′00″N 116°02′00″W / 50.53333°N 116.03333°W / 50.53333; -116.03333 This article about an Indian reserve in British Columbia is a stub . You can help Misplaced Pages by expanding it . First Nations in Canada First Nations ( French : Premières Nations )
4884-688: The Liberals began to back away from the 1969 White Paper, particularly after the Calder case decision in 1973. After the Canadian Supreme Court recognized that indigenous rights and treaty rights were not extinguished, a process was begun to resolve land claims and treaty rights and is ongoing today. In 1970, severe mercury poisoning , called Ontario Minamata disease , was discovered among Asubpeeschoseewagong First Nation and Wabaseemoong Independent Nations people, who lived near Dryden, Ontario . There
5016-544: The Makah tribe practising death by starvation as punishment and Pacific coast tribes routinely performing ritualized killings of slaves as part of social ceremonies into the mid-1800s. Slave-owning tribes of the fishing societies, such as the Yurok and Haida lived along the coast from what is now Alaska to California . Fierce warrior indigenous slave-traders of the Pacific Northwest Coast raided as far south as California. Slavery
5148-568: The North Saskatchewan River and purchased a great deal of European trade goods through Cree middlemen from the Hudson's Bay Company . The lifestyle of this group was semi-nomadic, and they followed the herds of bison during the warmer months. They traded with European traders, and worked with the Mandan , Hidatsa , and Arikara tribes. In the earliest oral history , the Algonquins were from
5280-597: The North-West Territories . Offended by the concepts of the treaties, Cree chiefs resisted them. Big Bear refused to sign Treaty 6 until starvation among his people forced his hand in 1882. His attempts to unite Indigenous nations made progress. In 1884 the Métis (including the Anglo-Métis) asked Louis Riel to return from the United States, where he had fled after the Red River Rebellion , to appeal to
5412-529: 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
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5544-612: 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
5676-737: The Three Sisters ( maize / beans / squash ), the Iroquois became powerful because of their confederacy. Gradually the Algonquians adopted agricultural practises enabling larger populations to be sustained. The Assiniboine were close allies and trading partners of the Cree, engaging in wars against the Gros Ventres alongside them, and later fighting the Blackfoot. A Plains people, they went no further north than
5808-513: The Treaty of Tordesillas , these two kingdoms decided to draw the dividing line running north–south, 370 leagues (from 1,500 to 2,200 km (930 to 1,370 mi) approximately depending on the league used) west of the Cape Verde Islands. Land to the west would be Spanish, to the east Portuguese. Given the uncertain geography of the day, this seemed to give the "new founde isle" to Portugal. On
5940-662: The Wakashan language group. In 1999 the discovery of the body of Kwäday Dän Ts'ìnchi provided archaeologists with significant information on indigenous tribal life prior to extensive European contact. Kwäday Dän Ts'ìnchi (meaning "Long Ago Person Found" in Southern Tutchone ), or "Canadian Ice Man", is a naturally mummified body that a group of hunters found in Tatshenshini-Alsek Provincial Park in British Columbia. Radiocarbon dating of artifacts found with
6072-421: 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
6204-485: 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
6336-618: 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
6468-482: The 1502 Cantino map , Newfoundland appears on the Portuguese side of the line (as does Brazil). An expedition captured about 60 Aboriginal people as slaves who were said to "resemble gypsies in colour, features, stature and aspect; are clothed in the skins of various animals ...They are very shy and gentle, but well formed in arms and legs and shoulders beyond description ...." Some captives, sent by Gaspar Corte-Real , reached Portugal. The others drowned, with Gaspar, on
6600-424: The 17th, 18th and 19th centuries and Europeans , mainly French. The Métis were historically the children of French fur traders and Nehiyaw women or, from unions of English or Scottish traders and Northern Dene women ( Anglo-Métis ). The Métis spoke or still speak either Métis French or a mixed language called Michif . Michif , Mechif or Métchif is a phonetic spelling of the Métis pronunciation of Métif ,
6732-622: The 18th-century Tseax Cone eruption. Written records began with the arrival of European explorers and colonists during the Age of Discovery in the late 15th century. European accounts by trappers , traders , explorers , and missionaries give important evidence of early contact culture. In addition, archeological and anthropological research, as well as linguistics , have helped scholars piece together an understanding of ancient cultures and historic peoples. Collectively, First Nations (Indians), Inuit, and Métis peoples constitute Indigenous peoples in Canada , Indigenous peoples of
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#17330943073936864-439: 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
6996-410: The 19th century, the Canadian Indian residential school system was intended to force the assimilation of Aboriginal and First Nations people into European-Canadian society. The purpose of the schools, which separated children from their families, has been described by commentators as "killing the Indian in the child." Funded under the Indian Act by Indian and Northern Affairs Canada, a branch of
7128-445: The 20th century of cultural genocide and ethnocide . There was widespread physical and sexual abuse . Overcrowding, poor sanitation, and a lack of medical care led to high rates of tuberculosis , and death rates of up to 69%. Details of the mistreatment of students had been published numerous times throughout the 20th century, but following the closure of the schools in the 1960s, the work of indigenous activists and historians led to
7260-414: The Americas , or " first peoples ". First Nation as a term became officially used by the government beginning in 1980s to replace the term Indian band in referring to groups of Indians with common government and language. The First Nations people had begun to identify by this term during 1970s activism, in order to avoid using the word Indian , which some considered offensive. No legal definition of
7392-449: The Atlantic coast were the Beothuk , Maliseet , Innu , Abenaki and Mi'kmaq . The Blackfoot Confederacy resides in the Great Plains of Montana and Canadian provinces of Alberta , British Columbia and Saskatchewan . The name Blackfoot came from the dye or paint on the bottoms of their leather moccasins . One account claimed that the Blackfoot Confederacies walked through the ashes of prairie fires, which in turn blackened
7524-491: The Beothuk disappeared entirely. There are reports of contact made before Christopher Columbus between the first peoples and those from other continents. Even in Columbus' time there was much speculation that other Europeans had made the trip in ancient or contemporary times; Gonzalo Fernández de Oviedo y Valdés records accounts of these in his General y natural historia de las Indias of 1526, which includes biographical information on Columbus. Aboriginal first contact period
7656-422: The British agents discouraged any warlike activities or raids on American settlements, but the Americans became increasingly angered, and this became one of the causes of the War of 1812 . In the war, the great majority of First Nations supported the British, and many fought under the aegis of Tecumseh . But Tecumseh died in battle in 1813 and the Indian coalition collapsed. The British had long wished to create
7788-417: The British ceded the Old Northwest to the United States in the Treaty of Paris in 1783, it kept fortifications and trading posts in the region until 1795. The British then evacuated American territory, but operated trading posts in British territory, providing weapons and encouragement to tribes that were resisting American expansion into such areas as Ohio, Indiana, Michigan, Illinois and Wisconsin. Officially,
7920-471: The British recognized the treaty rights of the indigenous populations and resolved to only settle those areas purchased lawfully from the indigenous peoples. Treaties and land purchases were made in several cases by the British, but the lands of several indigenous nations remain unceded and/or unresolved. First Nations routinely captured slaves from neighbouring tribes. Sources report that the conditions under which First Nations slaves lived could be brutal, with
8052-412: The Carolinas all stimulated destructive wars over land with their immediate Indian neighbors...Settlement patterns in New France also curtailed the kind of relentless and destructive expansion and land-grabbing that afflicted many British colonies." The Métis (from French métis – "mixed") are descendants of unions between Cree , Ojibwe , Algonquin , Saulteaux , Menominee and other First Nations in
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#17330943073938184-435: The Creator, or in the Squamish language keke7nex siyam . He called this man his brother. It was from these two men that the population began to rise and the Squamish spread back through their territory. The Iroquois influence extended from northern New York into what are now southern Ontario and the Montreal area of modern Quebec. The Iroquois Confederacy is, from oral tradition, formed circa 1142. Adept at cultivating
8316-409: 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,
8448-409: The First Nations into military allies of the British, providing supplies, weapons, and encouragement. During the American Revolutionary War (1775–1783) most of the tribes supported the British. In 1779, the Americans launched a campaign to burn the villages of the Iroquois in New York State. The refugees fled to Fort Niagara and other British posts, with some remaining permanently in Canada. Although
8580-421: The First Nations peoples, for resources and trade to sustain a living. The first written accounts of interaction show a predominantly Old world bias, labelling the indigenous peoples as "savages", although the indigenous peoples were organized and self-sufficient. In the early days of contact, the First Nations and Inuit populations welcomed the Europeans, assisting them in living off the land and joining forces with
8712-563: The French and British in their various battles. It was not until the colonial and imperial forces of Britain and France established dominant settlements and, no longer needing the help of the First Nations people, began to break treaties and force them off the land that the antagonism between the two groups grew. The Portuguese Crown claimed that it had territorial rights in the area visited by Cabot. In 1493 Pope Alexander VI – assuming international jurisdiction – had divided lands discovered in America between Spain and Portugal. The next year, in
8844-474: 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
8976-407: 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,
9108-440: The Port Royal settlement. Champlain persuaded First Nations to allow him to settle along the St. Lawrence, where in 1608 he would found France's first permanent colony in Canada at Quebec City. The colony of Acadia grew slowly, reaching a population of about 5,000 by 1713. New France had cod -fishery coastal communities, and farm economies supported communities along the St. Lawrence River. French voyageurs travelled deep into
9240-438: 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,
9372-460: 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
9504-561: The abolition of the Indian Act of Canada, the rejection of Aboriginal land claims , and the assimilation of First Nations people into the Canadian population with the status of "other ethnic minorities" rather than as a distinct group. Harold Cardinal and the Indian Chiefs of Alberta responded with a document entitled "Citizens Plus" but commonly known as the "Red Paper". In it, they explained Status Indians' widespread opposition to Chrétien's proposal. Prime Minister Pierre Trudeau and
9636-451: 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
9768-609: 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
9900-415: 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
10032-463: 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
10164-602: The age of 35 ). By 1790 the abolition movement was gaining ground in Canada and the ill intent of slavery was evidenced by an incident involving a slave woman being violently abused by her slave owner on her way to being sold in the United States. The Act Against Slavery of 1793 legislated the gradual abolition of slavery: no slaves could be imported; slaves already in the province would remain enslaved until death, no new slaves could be brought into Upper Canada , and children born to female slaves would be slaves but must be freed at age 25. The act remained in force until 1833 when
10296-448: 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
10428-452: 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
10560-467: The body placed the age of the find between 1450 AD and 1700 AD. Genetic testing showed that he was a member of the Champagne and Aishihik First Nations . Aboriginal people in Canada interacted with Europeans as far back as 1000 AD, but prolonged contact came only after Europeans established permanent settlements in the 17th and 18th centuries. European written accounts noted friendliness on
10692-454: The bottoms of their moccasins. They had migrated onto the Great Plains (where they followed bison herds and cultivated berries and edible roots) from the area of now eastern Canada and the northeastern United States. Historically, they allowed only legitimate traders into their territory, making treaties only when the bison herds were exterminated in the 1870s. Pre-contact Squamish history
10824-508: The canoe routes west and a land route to the west coast. According to the oral history, seven great miigis (radiant/iridescent) beings appeared to the peoples in the Waabanakiing to teach the peoples of the mide way of life. One of the seven great miigis beings was too spiritually powerful and killed the peoples in the Waabanakiing when the people were in its presence. The six great miigis beings remained to teach while
10956-447: 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
11088-433: The concept of self-determination in health. Through this process, the decision to enter into transfer discussions with Health Canada rests with each community. Once involved in transfer, communities are able to take control of health programme responsibilities at a pace determined by their individual circumstances and health management capabilities. The capacity, experience and relationships developed by First Nations as
11220-606: 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
11352-491: The construction of the Canadian Pacific Railway brought large numbers of European settlers west who encroached on Indigenous territory. European Canadians established governments, police forces, and courts of law with different foundations from indigenous practices. Various epidemics continued to devastate Indigenous communities. All of these factors had a profound effect on Indigenous people, particularly those from
11484-528: The development of agriculture, the surest foundation of a colony in the New World. According to David L. Preston , after French colonisation with Champlain "the French were able to settle in the depopulated St. Lawrence Valley, not directly intruding on any Indian nation's lands. This geographic and demographic fact presents a striking contrast to the British colonies' histories: large numbers of immigrants coming to New England, New York, Pennsylvania, Virginia, and
11616-458: 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
11748-644: 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
11880-485: The dividing of the Anicinàpek at the "Third Stopping Place", estimated at 2,000 years ago near present-day Detroit . According to their tradition, and from recordings in birch bark scrolls ( wiigwaasabak ), Ojibwe (an Algonquian-speaking people) came from the eastern areas of North America, or Turtle Island , and from along the east coast. They traded widely across the continent for thousands of years and knew of
12012-560: The federal government, the schools were run by churches of various denominations – about 60% by Roman Catholics, and 30% by the Anglican Church of Canada and the United Church of Canada , along with its pre-1925 predecessors, Presbyterian , Congregationalist and Methodist churches. The attempt to force assimilation involved punishing children for speaking their own languages or practising their own faiths, leading to allegations in
12144-442: 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
12276-565: The fur trade, conflicts with colonial authorities and settlers and loss of land and a subsequent loss of nation self-suffiency. For example, during the late 1630s, smallpox killed more than half of the Huron , who controlled most of the early fur trade in what became Canada. Reduced to fewer than 10,000 people, the Huron Wendat were attacked by the Iroquois, their traditional enemies. In the Maritimes,
12408-513: The government declared that, as British subjects , all able Indian men of military age could be called up for training and service in Canada or overseas. Following the end of the Second World War, laws concerning First Nations in Canada began to change, albeit slowly. The federal prohibition of potlatch and Sun Dance ceremonies ended in 1951. Provincial governments began to accept the right of Indigenous people to vote. In June 1956, section 9 of
12540-614: 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
12672-510: The government on their behalf. The government gave a vague response. In March 1885, Riel, Gabriel Dumont , and Honoré Jackson (a.k.a. Will Jackson) set up the Provisional Government of Saskatchewan , believing that they could influence the federal government in the same way as they had in 1869. The North-West Rebellion of 1885 was a brief and unsuccessful uprising by the Métis people of
12804-553: 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,
12936-588: The hinterlands (of what is today Quebec, Ontario, and Manitoba, as well as what is now the American Midwest and the Mississippi Valley ), trading with First Nations as they went – guns, gunpowder, cloth, knives, and kettles for beaver furs. The fur trade kept the interest in France's overseas colonies alive, yet only encouraged a small colonial population, as minimal labour was required. The trade also discouraged
13068-425: 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
13200-602: The late 18th century, European Canadians encouraged First Nations to assimilate into the European-based culture, referred to as " Canadian culture ". The assumption was that this was the "correct" culture because the Canadians of European descent saw themselves as dominant, and technologically, politically and culturally superior. There was resistance against this assimilation and many businesses denied European practices. The Tecumseh Wigwam of Toronto, for example, did not adhere to
13332-405: The late 20th century, members of various nations more frequently identify by their tribal or national identity only, e.g., "I'm Haida ", or "We're Kwantlens ", in recognition of the distinct First Nations. First Nations peoples had settled and established trade routes across what is now Canada by 500 BCE – 1,000 CE. Communities developed, each with its own culture, customs, and character. In
13464-443: 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
13596-568: 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
13728-533: The next generation. People lived and prospered for thousands of years until the Great Flood . In another story, after the Flood, they repopulated from the villages of Schenks and Chekwelp , located at Gibsons . When the water lines receded, the first Squamish came to be. The first man, named Tseḵánchten, built his longhouse in the village, and later on another man named Xelálten, appeared on his longhouse roof and sent by
13860-563: The northeastern coastline of what is now the United States. Under Samuel de Champlain, the Saint Croix settlement moved to Port Royal (today's Annapolis Royal, Nova Scotia ), a new site across the Bay of Fundy , on the shore of the Annapolis Basin , an inlet in western Nova Scotia. Acadia became France's most successful colony to that time. The cancellation of Dugua's fur monopoly in 1607 ended
13992-773: The northwest were the Athapaskan-speaking peoples, Slavey , Tłı̨chǫ , Tutchone-speaking peoples, and Tlingit . Along the Pacific coast were the Haida, Tsimshian , Salish, Kwakiutl , Nuu-chah-nulth , Nisga'a and Gitxsan . In the plains were the Blackfoot, Kainai , Sarcee and Northern Peigan . In the northern woodlands were the Cree and Chipewyan . Around the Great Lakes were the Anishinaabe , Algonquin , Iroquois and Wyandot . Along
14124-606: The ocean as well. If the seventh miigis being stayed, it would have established the Thunderbird doodem . The Nuu-chah-nulth are one of the Indigenous peoples of the Pacific Northwest Coast . The term Nuu-chah-nulth is used to describe fifteen separate but related First Nations, such as the Tla-o-qui-aht First Nations , Ehattesaht First Nation and Hesquiaht First Nation whose traditional home
14256-486: The one returned into the ocean. The six great miigis beings then established doodem (clans) for the peoples in the east. Of these doodem , the five original Anishinaabe doodem were the Wawaazisii ( Bullhead ), Baswenaazhi (Echo-maker, i.e., Crane ), Aan'aawenh ( Pintail Duck ), Nooke (Tender, i.e., Bear ) and Moozoonsii (Little Moose ), then these six miigis beings returned into
14388-432: 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
14520-729: The part of the First Nations, who profited in trade with Europeans. Such trade strengthened the more organized political entities such as the Iroquois Confederation. The Aboriginal population is estimated to have been between 200,000 and two million in the late 15th century. The effect of European colonization was a 40 to 80 percent Aboriginal population decrease post-contact. This is attributed to various factors, including repeated outbreaks of European infectious diseases such as influenza , measles and smallpox (to which they had not developed immunity), inter-nation conflicts over
14652-440: The plains who had relied heavily on bison for food and clothing. Most of those nations that agreed to treaties had negotiated for a guarantee of food and help to begin farming. Just as the bison disappeared (the last Canadian hunt was in 1879), Lieutenant-Governor Edgar Dewdney cut rations to indigenous people in an attempt to reduce government costs. Between 1880 and 1885, approximately 3,000 Indigenous people starved to death in
14784-728: 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
14916-408: 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
15048-403: The return voyage. Gaspar's brother, Miguel Corte-Real , went to look for him in 1502, but also failed to return. In 1604 King Henry IV of France granted Pierre Dugua, Sieur de Mons a fur-trade monopoly. Dugua led his first colonization expedition to an island located near to the mouth of the St. Croix River . Samuel de Champlain , his geographer, promptly carried out a major exploration of
15180-656: The sale of their lands in 1916 and 1917, the Department of Indian Affairs held back funding necessary for farming until they relented. In British Columbia, the McKenna–McBride Royal Commission was created in 1912 to settle disputes over reserve lands in the province. The claims of Indigenous people were ignored, and the commission allocated new, less valuable lands (reserves) for First Nations. Those nations who managed to maintain their ownership of good lands often farmed successfully. Indigenous people living near
15312-454: The second war, Queen Anne's War , the British conquered Acadia (1710). The sixth and final colonial war between the nations of France and Great Britain (1754–1763), resulted in the French giving up their claims and the British claimed the lands of Canada (New France) . In this final war, the Franco-Indian alliance brought together Americans, First Nations and the French, centred on
15444-406: 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
15576-675: The small town of Frog Lake , killing Thomas Quinn, an Indian agent , and eight others. Although Big Bear actively opposed the attacks, he was charged and tried for treason and sentenced to three years in prison. After the Red River Rebellion of 1869–1870, Métis moved from Manitoba to the District of Saskatchewan, where they founded a settlement at Batoche on the South Saskatchewan River . In Manitoba settlers from Ontario began to arrive. They pushed for land to be allotted in
15708-447: The square concession system of English Canada , rather than the seigneurial system of strips reaching back from a river which the Métis were familiar with in their French-Canadian culture. The history of colonization is complex, varied according to the time and place. France and Britain were the main colonial powers involved, though the United States also began to extend its territory at the expense of indigenous people as well. From
15840-521: The start of the 20th century, the federal Indian policy was directed at removing Indigenous people from their communal lands and encouraging assimilation. Amendments to the Indian Act in 1905 and 1911 made it easier for the government to expropriate reserve lands from First Nations. The government sold nearly half of the Blackfoot reserve in Alberta to settlers. When the Kainai (Blood) Nation refused to accept
15972-569: The term First Nations has come into general use for Indigenous peoples other than Inuit and Métis . Outside Canada, the term can refer to Indigenous Australians , U.S. tribes within the Pacific Northwest , as well as supporters of the Cascadian independence movement . The singular, commonly used on culturally politicized reserves , is the term First Nations person (when gender-specific, First Nations man or First Nations woman ). Since
16104-529: The term exists. Some Indigenous peoples in Canada have also adopted the term First Nation to replace the word band in the formal name of their community. A band is a "body of Indians (a) for whose use and benefit in common lands ... have been set apart, (b) ... moneys are held ... or (c) declared ... to be a band for the purposes of", according to the Indian Act by the Canadian Crown . The term Indian
16236-443: 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
16368-553: The villages of the Fox nation , a tribe that was an ancient rival of the Miami people and their Algonquian allies. Native (or "pani", a corruption of Pawnee ) slaves were much easier to obtain and thus more numerous than African slaves in New France, but were less valued. The average native slave died at 18, and the average African slave died at 25 (the average European could expect to live until
16500-558: The west or to Canada, or were relocated onto reservations in Michigan and Wisconsin. Historians have unanimously agreed that the Indians were the major losers in the War of 1812. Living conditions for Indigenous people in the prairie regions deteriorated quickly. Between 1875 and 1885, settlers and hunters of European descent contributed to hunting the North American bison almost to extinction;
16632-425: The widely practiced Lord's Day observance, making it a popular spot, especially on Sundays. Moreover, Canadian policies were at times contradictory, such as through the late 19th century- Peasant Farm Policy that severely restricted farming on reserves, despite this practice being seen as important to assimilation efforts. These kinds of attempts reached a climax in the late 19th and early 20th centuries. Founded in
16764-874: 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
16896-671: Was extensive mercury pollution caused by Dryden Chemicals Company's waste water effluent in the Wabigoon - English River system. Because local fish were no longer safe to eat, the Ontario provincial government closed the commercial fisheries run by the First Nation people and ordered them to stop eating local fish. Previously it had made up the majority of their diet. In addition to the acute mercury poisoning in northwestern Ontario , Aamjiwnaang First Nation people near Sarnia , Ontario, experienced
17028-428: Was hereditary, the slaves and their descendants being considered prisoners of war . Some tribes in British Columbia continued to segregate and ostracize the descendants of slaves as late as the 1970s. Among Pacific Northwest tribes about a quarter of the population were slaves. The citizens of New France received slaves as gifts from their allies among First Nations peoples. Slaves were prisoners taken in raids against
17160-699: 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
17292-400: Was part of a shift acknowledging indigenous rights . It enabled provincial control of Crown land and allowed Provincial laws regulating game to apply to Indians, but it also ensured that "Indians shall have the right ... of hunting, trapping and fishing game and fish for food at all seasons of the year on all unoccupied Crown lands and on any other lands to which the said Indians may have
17424-455: 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
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