Racism and FNMI Peoples
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The Obsolete Theory of Crown Unity in Canada and Its Relevance to Indigenous Claims
Osgoode Hall Law School of York University Osgoode Digital Commons Articles & Book Chapters Faculty Scholarship 2015 The Obsolete Theory of Crown Unity in Canada and Its Relevance to Indigenous Claims Kent McNeil Osgoode Hall Law School of York University, [email protected] Source Publication: (2015) 20 Review of Constitutional Studies 1-29 Follow this and additional works at: https://digitalcommons.osgoode.yorku.ca/scholarly_works Part of the Indian and Aboriginal Law Commons Repository Citation McNeil, Kent, "The Obsolete Theory of Crown Unity in Canada and Its Relevance to Indigenous Claims" (2015). Articles & Book Chapters. 2777. https://digitalcommons.osgoode.yorku.ca/scholarly_works/2777 This Article is brought to you for free and open access by the Faculty Scholarship at Osgoode Digital Commons. It has been accepted for inclusion in Articles & Book Chapters by an authorized administrator of Osgoode Digital Commons. The Obsolete Theory of Crown Unity in Canada and Its Relevance to Indigenous Claims Kent McNeil* This article examines the application of the L'uteur de cet article examine l'pplication theory ofthe unity ofthe Crown in Canada in de la theorie de Punite de la Couronne the context of Indigenous peoples. It reveals a au Canada dans le contexte des peuples consistent retreat by the courtsfrom acceptance autochtones. I rivile une retraite constante of the theory in the late nineteenth century to de la part des tribunaux de lipprobation de rejection ofit in the secondhalfofthe twentieth la theorie a la fin du dix-neuvidme sicle a century. This evolution ofthe theory' relevance, son rejet au cours de la deuxidme moiti du it is argued, is consistent with Canada federal vingtidme sidcle. -
Francophone Historical Context Framework PDF
Francophone Historic Places Historical Context Thematic Framework Canot du nord on the Fraser River. (www.dchp.ca); Fort Victoria c.1860. (City of Victoria); Fort St. James National Historic Site. (pc.gc.ca); Troupe de danse traditionnelle Les Cornouillers. (www. ffcb.ca) September 2019 Francophone Historic Places Historical Context Thematic Framework Francophone Historic Places Historical Context Thematic Framework Table of Contents Historical Context Thematic Framework . 3 Theme 1: Early Francophone Presence in British Columbia 7 Theme 2: Francophone Communities in B.C. 14 Theme 3: Contributing to B.C.’s Economy . 21 Theme 4: Francophones and Governance in B.C. 29 Theme 5: Francophone History, Language and Community 36 Theme 6: Embracing Francophone Culture . 43 In Closing . 49 Sources . 50 2 Francophone Historic Places Historical Context Thematic Framework - cb.com) - Simon Fraser et ses Voya ses et Fraser Simon (tourisme geurs. Historical contexts: Francophone Historic Places • Identify and explain the major themes, factors and processes Historical Context Thematic Framework that have influenced the history of an area, community or Introduction culture British Columbia is home to the fourth largest Francophone community • Provide a framework to in Canada, with approximately 70,000 Francophones with French as investigate and identify historic their first language. This includes places of origin such as France, places Québec, many African countries, Belgium, Switzerland, and many others, along with 300,000 Francophiles for whom French is not their 1 first language. The Francophone community of B.C. is culturally diverse and is more or less evenly spread across the province. Both Francophone and French immersion school programs are extremely popular, yet another indicator of the vitality of the language and culture on the Canadian 2 West Coast. -
Aboriginal Title and Private Property John Borrows
The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference Volume 71 (2015) Article 5 Aboriginal Title and Private Property John Borrows Follow this and additional works at: http://digitalcommons.osgoode.yorku.ca/sclr This work is licensed under a Creative Commons Attribution-Noncommercial-No Derivative Works 4.0 License. Citation Information Borrows, John. "Aboriginal Title and Private Property." The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference 71. (2015). http://digitalcommons.osgoode.yorku.ca/sclr/vol71/iss1/5 This Article is brought to you for free and open access by the Journals at Osgoode Digital Commons. It has been accepted for inclusion in The uS preme Court Law Review: Osgoode’s Annual Constitutional Cases Conference by an authorized editor of Osgoode Digital Commons. Aboriginal Title and Private Property John Borrows* Q: What did Indigenous Peoples call this land before Europeans arrived? A: “OURS.”1 I. INTRODUCTION In the ground-breaking case of Tsilhqot’in Nation v. British Columbia2 the Supreme Court of Canada recognized and affirmed Aboriginal title under section 35(1) of the Constitution Act, 1982.3 It held that the Tsilhqot’in Nation possess constitutionally protected rights to certain lands in central British Columbia.4 In drawing this conclusion the Tsilhqot’in secured a declaration of “ownership rights similar to those associated with fee simple, including: the right to decide how the land will be used; the right of enjoyment and occupancy of the land; the right to possess the land; the right to the economic benefits of the land; and the right to pro-actively use and manage the land”.5 These are wide-ranging rights. -
BROKEN PROMISES: Continuing Federal Funding Shortfall for Native Americans
U.S. COMMISSION ON CIVIL RIGHTS BROKEN PROMISES: Continuing Federal Funding Shortfall for Native Americans BRIEFING REPORT U.S. COMMISSION ON CIVIL RIGHTS Washington, DC 20425 Official Business DECEMBER 2018 Penalty for Private Use $300 Visit us on the Web: www.usccr.gov U.S. COMMISSION ON CIVIL RIGHTS MEMBERS OF THE COMMISSION The U.S. Commission on Civil Rights is an independent, Catherine E. Lhamon, Chairperson bipartisan agency established by Congress in 1957. It is Patricia Timmons-Goodson, Vice Chairperson directed to: Debo P. Adegbile Gail L. Heriot • Investigate complaints alleging that citizens are Peter N. Kirsanow being deprived of their right to vote by reason of their David Kladney race, color, religion, sex, age, disability, or national Karen Narasaki origin, or by reason of fraudulent practices. Michael Yaki • Study and collect information relating to discrimination or a denial of equal protection of the laws under the Constitution Mauro Morales, Staff Director because of race, color, religion, sex, age, disability, or national origin, or in the administration of justice. • Appraise federal laws and policies with respect to U.S. Commission on Civil Rights discrimination or denial of equal protection of the laws 1331 Pennsylvania Avenue, NW because of race, color, religion, sex, age, disability, or Washington, DC 20425 national origin, or in the administration of justice. (202) 376-8128 voice • Serve as a national clearinghouse for information TTY Relay: 711 in respect to discrimination or denial of equal protection of the laws because of race, color, www.usccr.gov religion, sex, age, disability, or national origin. • Submit reports, findings, and recommendations to the President and Congress. -
KI LAW of INDIGENOUS PEOPLES KI Law Of
KI LAW OF INDIGENOUS PEOPLES KI Law of indigenous peoples Class here works on the law of indigenous peoples in general For law of indigenous peoples in the Arctic and sub-Arctic, see KIA20.2-KIA8900.2 For law of ancient peoples or societies, see KL701-KL2215 For law of indigenous peoples of India (Indic peoples), see KNS350-KNS439 For law of indigenous peoples of Africa, see KQ2010-KQ9000 For law of Aboriginal Australians, see KU350-KU399 For law of indigenous peoples of New Zealand, see KUQ350- KUQ369 For law of indigenous peoples in the Americas, see KIA-KIX Bibliography 1 General bibliography 2.A-Z Guides to law collections. Indigenous law gateways (Portals). Web directories. By name, A-Z 2.I53 Indigenous Law Portal. Law Library of Congress 2.N38 NativeWeb: Indigenous Peoples' Law and Legal Issues 3 Encyclopedias. Law dictionaries For encyclopedias and law dictionaries relating to a particular indigenous group, see the group Official gazettes and other media for official information For departmental/administrative gazettes, see the issuing department or administrative unit of the appropriate jurisdiction 6.A-Z Inter-governmental congresses and conferences. By name, A- Z Including intergovernmental congresses and conferences between indigenous governments or those between indigenous governments and federal, provincial, or state governments 8 International intergovernmental organizations (IGOs) 10-12 Non-governmental organizations (NGOs) Inter-regional indigenous organizations Class here organizations identifying, defining, and representing the legal rights and interests of indigenous peoples 15 General. Collective Individual. By name 18 International Indian Treaty Council 20.A-Z Inter-regional councils. By name, A-Z Indigenous laws and treaties 24 Collections. -
The Failure of Federal Indigenous Healthcare Policy in Canada
POLICY BRIEF Issue 86| February 4, 2021 The Failure of Federal Indigenous Healthcare Policy in Canada By Mike Gouldhawke LATE LAST MONTH, the federal government held two days of meetings on developing Indigenous health care legislation. These virtual meetings included some, but not all provincial and territorial health ministers, along with First Nations, Inuit and Métis Nation representatives, including Indigenous doctors, and was partly in response to the racist treatment and death of Joyce Echaquan of the Atikamekw Nation in a Quebec hospital in September of last year. If and when this legislation materializes, it will be a first in Canadian history. This country has never developed a law around Indigenous health care. As the process of development goes on, there are a variety of challenges, historically and contemporary, as well as previous calls for reform and for Canada to live up to its obligations, that should be addressed. This Brief outlines the compounding crises, and the resistance, that have constituted Indigenous healthcare in this country. Re-Prioritizing Health Policy in Canada Despite these recent meetings on developing Indigenous health legislation, and the First Ministers’ meeting in December of 2020 which prioritized the COVID-19 pandemic, federal Indigenous health policy has fallen by the wayside for decades. The 2004 Health Accord between the federal government and provinces and territories included a 10-Year Plan on improving Indigenous health, co-developed with Indigenous representative organizations, but it expired in 2014 and has yet to be replaced, despite repeated promises from the Liberal government. The Canadian Health Coalition, in a 2017 report, called the “lack of progress on closing the health gap for Aboriginal people” the most egregious of the 2004 Health Accord’s failings. -
A BRIEF HISTORY of OUR RIGHT to SELF-GOVERNANCE Pre-Contact to Present
A BRIEF HISTORY of OUR RIGHT to SELF-GOVERNANCE Pre-Contact to Present A BRIEF HISTORY of OUR RIGHT to SELF-GOVERNANCE Pre-Contact to Present The first nine chapters for this publication were prepared for the National Centre for First Nations Governance (NCFNG) by Professor Kent McNeil in March, 2007. Kent McNeil has taught at Osgoode Hall Law School in Toronto since 1987. He specializes in Indigenous rights, especially in Canada, Australia, and the United States. The Duty to Consult Aboriginal People was prepared by NCFNG research staff. NCFNG supports First Nations as they seek to implement effective, independent governance. The Centre delivers nation rebuilding services to First Nation communities across Canada. NCFNG is an independent service and research organization that is governed and staffed by experienced First Nation professionals. 4 Introduction For thousands of years, the aboriginal people of what is now Canada organized themselves as sovereign nations, with what was essentially gov - ernmental jurisdiction over their lands, including property rights.Those rights — of governance and property — were trampled in the stampede of European settlement, colonization and commercial interests. But they were never lost or extinguished. Read this brief historic account of the rights inherited by citizens of today’s First Nations, Learn about the erosion of property and governance rights through the dark periods of colonization and marginalization, and ultimately, their affirmation in Canada’s constitution and recognition in Canadian -
Treaties in Canada, Education Guide
TREATIES IN CANADA EDUCATION GUIDE A project of Cover: Map showing treaties in Ontario, c. 1931 (courtesy of Archives of Ontario/I0022329/J.L. Morris Fonds/F 1060-1-0-51, Folder 1, Map 14, 13356 [63/5]). Chiefs of the Six Nations reading Wampum belts, 1871 (courtesy of Library and Archives Canada/Electric Studio/C-085137). “The words ‘as long as the sun shines, as long as the waters flow Message to teachers Activities and discussions related to Indigenous peoples’ Key Terms and Definitions downhill, and as long as the grass grows green’ can be found in many history in Canada may evoke an emotional response from treaties after the 1613 treaty. It set a relationship of equity and peace.” some students. The subject of treaties can bring out strong Aboriginal Title: the inherent right of Indigenous peoples — Oren Lyons, Faithkeeper of the Onondaga Nation’s Turtle Clan opinions and feelings, as it includes two worldviews. It is to land or territory; the Canadian legal system recognizes title as a collective right to the use of and jurisdiction over critical to acknowledge that Indigenous worldviews and a group’s ancestral lands Table of Contents Introduction: understandings of relationships have continually been marginalized. This does not make them less valid, and Assimilation: the process by which a person or persons Introduction: Treaties between Treaties between Canada and Indigenous peoples acquire the social and psychological characteristics of another Canada and Indigenous peoples 2 students need to understand why different peoples in Canada group; to cause a person or group to become part of a Beginning in the early 1600s, the British Crown (later the Government of Canada) entered into might have different outlooks and interpretations of treaties. -
Will the Federal Government Get It Right This Time? Will the Federal Government Get It Right This Time?
INDIGENOUS EDUCATION: WILL THE FEDERAL GOVERNMENT GET IT RIGHT THIS TIME? WILL THE FEDERAL GOVERNMENT GET IT RIGHT THIS TIME? MORE OPTIMISTIC ABOUT THE POTENTIAL FOR POSITIVE CHANGE SIGNIFICANT NEW INVESTMENTS IN K-12 AND PSE BUDGETS OVER LAST TWO FISCAL CYCLES COMMITMENT TO ENGAGEMENT AND PARTNERSHIP BUT, … STILL A LONG WAY TO GO…AND A LEGACY OF GETTING IT WRONG THREE THINGS: SOME HISTORY ON FEDERAL INDIGENOUS EDUCATION POLICY SHARING SOME LESSONS FROM THE B.C. EXPERIENCE THOUGHTS ON THE “WHERE TO FROM HERE?” SOME PRELIMINARY THOUGHTS THE TRANSFORMATIVE POWER OF EDUCATION “CLOSING GAPS” IN EDUCATIONAL OUTCOMES FOR FIRST NATIONS, METIS AMD INUIT STUDENTS REMAINS A PRESSING AND SUBSTANTIAL ISSUE OF NATIONAL IMPORTANCE PROGRESS ACROSS THE COUNTRY HAS BEEN UNEVEN DANGER OF THE “RACE TO THE MIDDLE” AND “ONE SIZE FITS ALL” SOLUTIONS COMPLEX JURISDICTIONAL ENVIRONMENT PROVINCES HAVE “EXCLUSIVE JURISDICTION” OVER EDUCATION - SEC. 93 OF THE CONSTITUTION ACT SCHOOL BOARDS WITH AUTHORITY UNDER PROVINCIAL ENABLING LEGISLATION FEDERAL GOVERNMENT WITH JURISDICTION OVER “INDIANS AND LANDS RESERVED FOR THE INDIANS” - SEC. 91 (27) OF THE CONSTITUTION ACT - EDUCATION OBLIGATIONS IN SOME OF THE NUMBERED TREATIES FIRST NATIONS OPERATING BAND SCHOOLS UNDER AUTHORITY OF THE INDIAN ACT OR PURSUANT TO NEGOTIATED AGREEMENTS LOOKING BACK THE LEGACY OF THE RESIDENTIAL SCHOOLS EXPERIENCE DIAND’S 1969 “WHITE PAPER” ON EDUCATION THE NATIVE INDIAN BROTHERHOOD’S 1972 PAPER ON “INDIAN CONTROL OVER INDIAN EDUCATION” - LATER REVISED AS THE A.F.N.’S “FIRST NATIONS CONTROL OVER FIRST NATIONS EDUCATION” YEARS OF “CONTROL” OVER AN UNDERFUNDED SYSTEM CALLS FOR CHANGE: And Some Lost Opportunities 1988 - IN B.C. -
Table of Contents
Dakota, Nakota, Lakota Life South Dakota State Historical Society Education Kit Table of Contents Table of Contents 1 Goals and Materials 2 Photograph List 3-4 Books and CDs in the Kit 5 Music CDs and DVD in the Kit 6 Erasing Native American Stereotypes 7-8 Teacher Resource 9-18 Bibliography 19-20 Worksheets Word Find 21 Word Find Key 22 Crossword Puzzle 23 Crossword Puzzle Key 24 Word Scramble 25 Word Scramble Key 26 Activities Reading an Object 27-28 Object Identification Sheet 29-35 Trek to Wind Cave 36-37 South Dakota Coordinates Worksheet 38 Comparing Families 39-40 Comparing Families Worksheet 41 What Does the Photo Show? 42-43 Beadwork Designs 44-45 Beadwork Designs Worksheet 46 Beadwork Designs Key 47 Lazy Stitch Beading 48-49 Lazy Stitch Beading Instructions / Pattern 50-51 What Do You Get From a Buffalo? 52-53 Buffalo Uses Worksheet 54 Pin the Parts on the Buffalo 55-56 Pin the Parts on the Buffalo Worksheet 57 Pin the Parts on the Buffalo Worksheet Key 58 Pin the Parts on the Buffalo Outline & Key 59-60 Create a Ledger Drawing 61-62 Examples of Ledger Drawings 63-66 Traditional & Contemporary: Comparing Drum 67-68 Groups Come Dance With Us: Identifying Powwow Dance 69-72 Styles 1 Dakota, Nakota, Lakota Life South Dakota State Historical Society Education Kit Goals and Materials Goals Kit users will: explore the history and culture of the Dakota, Nakota and Lakota people understand the changes brought about by the shift from buffalo hunting to reservation life appreciate that the Dakota, Nakota and Lakota culture is not something -
The Implications of the Delgamuukw Decision on the Douglas Treaties"
James Douglas meet Delgamuukw "The implications of the Delgamuukw decision on the Douglas Treaties" The latest decision of the Supreme Court of Canada in Delgamuukw vs. The Queen, [1997] 3 S.C.R. 1010, has shed new light on aboriginal title and its relationship to treaties. The issue of aboriginal title has been of particular importance in British Columbia. The question of who owns British Columbia has been the topic of dispute since the arrival and settlement by Europeans. Unlike other parts of Canada, few treaties have been negotiated with the majority of First Nations. With the exception of treaty 8 in the extreme northeast corner of the province, the only other treaties are the 14 entered into by James Douglas, dealing with small tracts of land on Vancouver Island. Following these treaties, the Province of British Columbia developed a policy that in effect did not recognize aboriginal title or alternatively assumed that it had been extinguished, resulting in no further treaties being negotiated1. This continued to be the policy until 1990 when British Columbia agreed to enter into the treaty negotiation process, and the B.C. Treaty Commission was developed. The Nisga Treaty is the first treaty to be negotiated since the Douglas Treaties. This paper intends to explore the Douglas Treaties and the implications of the Delgamuukw decision on these. What assistance does Delgamuukw provide in determining what lands are subject to aboriginal title? What aboriginal title lands did the Douglas people give up in the treaty process? What, if any, aboriginal title land has survived the treaty process? 1 Joseph Trutch, Chief Commissioner of Lands and Works and Walter Moberly, Assistant Surveyor- General, initiated this policy. -
Claim of Aboriginal Ownership Chief David Latasse Was Present At
#6 Sources on the Douglas Treaties Douglas Treaties Document #1: Claim of Aboriginal Ownership Chief David Latasse was present at the treaty negotiations in Victoria in 1850. His recollections were recorded in 1934 when he was reportedly 105 years old: For some time after the whites commenced building their settlement they ferried their supplies ashore. Then they desired to build a dock, where ships could be tied up close to shore. Explorers found suitable timbers could be obtained at Cordova Bay, and a gang of whites, Frenchmen and Kanakas [Hawaiians] were sent there to cut piles. The first thing they did was set a fire which nearly got out of hand, making such smoke as to attract attention of the Indians for forty miles around. Chief Hotutstun of Salt Spring sent messengers to chief Whutsaymullet of the Saanich tribes, telling him that the white men were destroying his heritage and would frighten away fur and game animals. They met and jointly manned two big canoes and came down the coast to see what damage was being done and to demand pay from Douglas. Hotutstun was interested by the prospect of sharing in any gifts made to Whutsaymullet but also, indirectly, as the Chief Paramount of all the Indians of Saanich. As the two canoes rounded the point and paddled into Cordova Bay they were seen by camp cooks of the logging party, who became panic stricken. Rushing into the woods they yelled the alarm of Indians on the warpath. Every Frenchman and Kanaka dropped his tool and took to his heels, fleeing through the woods to Victoria.