Frequently Asked Questions About Aboriginal Peoples

FREQUENTLY ASKED QUESTIONS February 2002 ABOUT ABORIGINAL PEOPLES

Each year, Indian and Northern Affairs Canada (INAC) receives thousands of enquiries from the general public that relate to Aboriginal peoples. Here, we bring together the answers to some of the most frequently asked questions.

Who are the Aboriginal peoples Under the federal policy, Aboriginal Indians in Canada: Status Indians, in Canada? groups may negotiate self-government Non-Status Indians and Treaty They are the descendants of the arrangements over a variety of subject Indians. Some find the term ‘Indian’ original inhabitants of North matter, including government struc- outdated and offensive and prefer to America. The Canadian Constitution ture, land management, health care, identify themselves as First Nations recognizes three groups of child welfare, education, housing people. Aboriginal people: Indians, Métis and economic development. and Inuit. These are three separate Negotiations are held between Who are Registered or Status peoples with unique heritages, Aboriginal groups, the federal gov- Indians? languages, cultural practices and ernment and, in areas affecting its A Status or Registered Indian is a spiritual beliefs. jurisdiction and interests, the relevant person who is listed on the Indian provincial or territorial government. Register. The Indian Act sets out the What is Aboriginal Self-government arrangements may requirements for determining who is self-government? take many forms, based on the a Status Indian. In August 1995, the Government diverse historical, cultural, political of Canada adopted an approach to and economic circumstances of the Who is eligible for registration as a negotiating practical and workable Aboriginal groups, regions and Status Indian under the Indian Act ? arrangements with Aboriginal people communities involved. The Indian Register is the official to implement their inherent right to record identifying all Status Indians self-government. These arrange- Who are Indians? in Canada. The eligibility rules have ments recognize Aboriginal people's The term ‘Indian’ collectively changed many times since the mid- right to make decisions about matters describes all the Indigenous people 1800s, when the first lists of regis- internal to their communities, integral in Canada who are not Inuit or tered Indians were drawn up. Bill to their unique cultures, traditions Métis. Indian peoples are one of C-31, passed by Parliament in 1985, and languages, and connected with three peoples recognized as amended the Indian Act, ending their relationship to the land and Aboriginal in the Constitution Act, various forms of discrimination that resources. 1982: Indian, Inuit and Métis. In had caused many people to lose addition, three categories apply to their status. A person wishing to sssssssssssssssssssssssssssssssssssssssssssss sssssssssssssssssssssssssssssssssssssssssssss

register for the first time, or to be What are treaty rights? reinstated after having lost his or her First Nations signed treaties with various British and, later, Canadian govern- status, should complete an applica- ments before and after Confederation in 1867. No two treaties are identical, tion. Application forms are available but they usually provide for certain rights, including reserve lands, annuities from regional INAC offices or from (a small sum of money paid each year) and hunting and fishing rights. The the Registrar at INAC Headquarters. treaty rights of an individual Treaty Indian will depend on the precise terms and conditions of the treaty that his or her First Nation signed. Do Status Indians have special immigration benefits to the US? Are maps available showing areas covered by treaties? Yes. Status Indians from Canada are Yes. Contact the Canada Map Office at Natural Resources Canada. permitted to relocate to the US without Or go directly to their Web site at going through the normal immigration http://atlas.gc.ca/english/quick_maps/fifth/fifthv_ed_view43_e.html process. They must present their Indian for the 1991 Indian Treaties map, or Status card at the border crossing. If http://atlas.gc.ca/english/quick_maps/index_current.htm they do not have a card, they need a for the Historical Indian Treaties map. written statement from their First Nation council, along with documents that prove they have at least 50 percent Indian ancestry.

How many Status Indians are What are claims? there in Canada? The federal government recognizes two broad classes of claims: comprehen- As of 2001, there were 675,499 Status sive and specific claims. Comprehensive claims are based on the recognition Indians in Canada. More than 55 per- that there are continuing Aboriginal rights to lands and natural resources. cent live on reserves. These kinds of claims arise in those parts of Canada where Aboriginal title has not been dealt with by treaty or other legal means. The claims are called Who are Non-Status Indians? ‘comprehensive’ because of their wide scope. They include such things as A Non-Status Indian is an Indian land title, fishing and trapping rights, and financial compensation. person who is not registered as an Indian under the Indian Act. This may Specific claims deal with specific grievances that First Nations may have relating be because his or her ancestors were to the fulfilment of treaties or other agreements between First Nations and never registered, or because he or she the Crown. They also cover past grievances relating to the administration of lost Indian status under former pro- First Nations lands and other assets under the Indian Act. visions of the Indian Act. Who are Métis people? Who are Inuit? The word ‘Métis’ is French for ‘mixed blood’. The Canadian Constitution The Inuit are the Aboriginal people of recognizes Métis people as one of the three groups of Aboriginal people Arctic Canada. They live primarily in living in Canada. Historically, the term ‘Métis’ applied to the children of Nunavut, the Northwest Territories, French fur traders and Cree women in the Prairies, and of English and Labrador and Northern Quebec. Inuit Scottish traders and Dene women in the north. Today, the term is used means ‘people’ in Inuktitut, their language. broadly to describe people with mixed First Nation and European ancestry who identify themselves as Métis, distinct from Indian people, Inuit or Who are Treaty Indians? non-Aboriginal people. (Many Canadians have mixed Aboriginal and non- Treaty Indians are descendants of Aboriginal ancestry, but not all identify themselves as Métis. Note that Indians who signed treaties with the Métis organizations in Canada have differing criteria about who qualifies as Crown and who have a contemporary a Métis person.) connection with a treaty band.

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What is a First Nation? cannot infringe on individual residency on a reserve or is delivered to a reserve This is a term that came into com- rights arising from the Indian Act. by the vendor or the vendor's agent. mon usage in the 1970s to replace the word ‘Indian’, which some people To learn more about your reserve For answers to particular questions, found offensive. Although the term rights and responsibilities, contact please refer to the relevant statute or ‘First Nation’ is widely used, no legal your First Nation council or the appropriate regulations, or contact definition of it exists. Among its Regional Director of Lands and any Canada Customs and Revenue uses, the term ‘First Nations peoples’ Trust Services (LTS) at INAC. Agency office for publications and refers to the Indian people in additional information. Canada, both Status and Non-Status. Do Status Indians pay taxes? Some Indian people have also adopt- In general, Aboriginal people in What federal programs and ed the term ‘First Nation’ to replace Canada are required to pay taxes on services are available to the word ‘band’ in the name of their the same basis as other people in Aboriginal people? community. Canada, except where the limited Aboriginal people living in Canada exemption under Section 87 of the enjoy the same fundamental benefits What is an Indian band? Indian Act applies. Section 87 says as all Canadian citizens, including the A band is a group of First Nation that the ‘personal property of an Child Tax Benefit, Old Age Security people for whom lands have been set Indian or a band situated on a and Employment Insurance. The apart and for whom money is held in reserve’ is tax exempt. Métis and federal government provides other trust by the Crown. Each band has Inuit are not eligible for this exemption. programs that are designed to raise its own governing band council, usually their standard of living to the level consisting of one or more chiefs, and The exemption in Section 87 of the enjoyed by other Canadians. several councillors who are either Indian Act has existed since before elected or chosen through traditional Confederation. It reflects the unique Refer to the booklet You Wanted to custom. The members of a band constitutional and historic place of Know: Federal Programs and Services for generally share common values, tradi- Aboriginal people in Canada. The Registered Indians for more informa- tions and practices rooted in their courts have held that the exemption tion about programs and services ancestral heritage. Today, some bands is intended to preserve the entitle- available to Status Indians. prefer to be known as First Nations. ments of Indian people to their reserve lands, and to ensure that the How many bands are there? use of their property on their reserve As of 2001, there were 613 bands. lands is not eroded by taxation.

Who can call the reserve their Employment income earned by a home? Status Indian working on a reserve A reserve is land set apart and desig- will be considered tax exempt. The nated as a reserve for the use and courts have stated that connecting occupancy of an Indian group or factors, such as the location of the band. Some bands now prefer the duties and residence of the employee term ‘First Nation community’, and and employer, must be considered to no longer use ‘reserve’. Individual determine whether the income will First Nation members do not have a be considered tax exempt. right of individual possession except by application of the Indian Act. The Goods and Services Tax or First Nation councils may enact Harmonized Sales Tax (GST/HST) residency by-laws that regulate on- generally does not apply to purchases reserve residency, but these by-laws by Status Indians if the purchase is made

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What health coverage is available to Aboriginal People? Aboriginal people living in Canada are covered by the health care programs in the province or territory in which they live. In addition, Health Canada supports many First Nation and Inuit communities by providing other services such as health and nutrition education, communicable disease control, primary nursing care, addictions counselling and treatment, and environmental health programs. Health Canada also provides members of these communities with goods and services not covered by provincial or territorial health care programs, such as prescription drugs, medical supplies and equipment, dental and vision care, and transportation to needed medical services.

TERMINOLOGY*

Aboriginal title: A legal term that been amended several times, most recognizes Aboriginal interest in recently in 1985. Among its many the land. It is based on their long- provisions, the Indian Act currently standing use and occupancy of the requires the Minister of Indian land as descendants of the original Affairs and Northern Development inhabitants of Canada. to manage certain moneys belong- ing to First Nations and Indian Custom: A traditional Aboriginal lands and to approve or disallow practice. For example, First Nation First Nations by-laws. In 2001, the peoples sometimes adopt children national initiative Communities or marry according to custom, First: First Nations Governance was rather than under Canadian family launched, to consult with First law. Band councils chosen ‘by Nations people and leadership on custom’ are elected or selected by the issues of Publications traditional means, rather than by governance under the Indian Act. and Public Enquiries the election rules contained in the The process will likely take two to Indian Act. three years before any new law is Indian and Northern introduced. Affairs Canada Indian Act: This is the Canadian Ottawa, Ontario federal legislation, first passed in NB: These terms are listed in K1A 0H4 1876, that sets out certain federal Words First: An Evolving Terminology (819) 997-0380 government obligations and regu- Relating to Aboriginal Peoples in www.inac.gc.ca lates the management of Indian Canada, compiled by the department's reserve lands. The Indian Act has Communications Resources Directorate. QS-6119-011-EE-A2

This general information is provided as a brief overview only. The provisions of the Indian Act, its regulations, other federal statutes and their interpretation by the courts take precedence over the content of this information sheet.

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