ABORIGINAL POLITICS

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ABORIGINAL POLITICS

• By
• Pamela D. Palmater, LL.M.

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Aboriginal Nations

• Mikmaq
• Maliseet
• Passamaquoddy
• Innu
• Inuit
• Labrador Metis
• Beothuk are extinct

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The Indian Act, 1985

• First enacted in 1876
• defined Indians
• registration began in 1951 (status)
• discriminated against women
• amended in 1985

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The Metis

• Metis began as mixing of Aboriginal and European
  cultures
• became more than mixed blood, own history,
  language, culture, traditions
• recognized and protected as a people

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The Inuit

• Never registered under the Indian Act
• Issued Eskimo Identification Discs
• Made of clay, worn around neck, numbers
• The name Eskimo was offensive as were the I.D.
  numbers

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Aboriginal Nations Divided

• INSTEAD OF
• Mikmaq
• Cree
• Mohawk
• Maliseet
• Passamaquoddy
• Innu
• Inuit

• NOW HAVE
• AFN
• MNC
• CAP
• ITK
• NWAC
• NAFC
• plus provincial affiliates and bands

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Assembly of First Nations

• National organization
• voice of the First Nation Chiefs
• each region elects a regional chief
• represent only status Indians

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Native Womens Assc. of Canada

• National organisation
• provincial affiliates
• Represents First Nations and Metis women on and
  off reserve
• highlight issues affecting Aboriginal women like
  violence and discrimination

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Nat. Assc. of Friendship Centres

• National organization
• provincial and municipal affiliates
• over 99 centres
• non-political
• goal - improve quality of life for urban
  Aboriginal people
• emphasize cultural distinctiveness

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First Nations/bands

• First Nation can represent larger Aboriginal
  Nation
• can also represent band - 634 bands
• defined in Indian Act as group of Indians who
  have a reserve, or who have been declared a band
  (ex. landless bands)

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Reserves

• reserve defined in the Indian Act as land that
  is set aside for use of a band
• over 600 reserves
• considered federal land and provincial laws do
  not always apply on reserve
• FNs can enact their own by-laws

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Constitution Act, 1982, s.35

• S.35(1) - recognizes and affirms existing treaty
  and Aboriginal rights of Ab. Peoples
• s.35(2) - Ab. Peoples Indian, Inuit, Metis
• s.35(3) - treaty rights includes land claims
  agreements that exist or may be in future
• s.35(4) - Aboriginal and treaty are guaranteed
  equally to male and female persons

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Treaty Rights

• Exercise
• hunting and fishing
• food, social, ceremonial rights
• commercial rights
• conservation co-management
• beneficiaries, priority
• numbered, peace friendship

• Negotiation
• new treaties - comprehensive land claims, natural
  resources, governance
• existing treaties - modernize and define
• Marshall Process
• Negotiations, exploratory talks

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Aboriginal Rights

• Hunting, Fishing
• exercise for food, social, ceremonial
• commercial
• conservation co-management
• also self-government
• beneficiaries issue

• Aboriginal title
• traditional territory
• larger tracts of land compared to reserves
• can hunt, fish, live and utilise Ab title lands
• negotiate or litigate to prove title

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Self-Government

• Inherent Right to Self-Gov recognized by Fed.
  Gov. (s.35(1)) as Aboriginal Right
• Consistent with Statement of Reconciliation to
  Aboriginal Peoples
• Ab. Peoples were always self-governing

• Inherent Right Policy
• Current Negotiations
• Completed Agreements
• lands, resources, laws, citizens

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Indian Northern Affairs Canada Programs
Services

• Housing - family housing, loans
• Education - elementary, secondary, post-sec
• Infrastructure - band offices, schools
• Economic Development - band indiv
• Social services - social assistance
• Maintenance - roads, sidewalks
• difficult issues arise around funding

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Registration as an Indian

• One of the most controversial and political
  topics
• Status has nothing to do with blood, culture,
  language, tradition, or connection to community
• Divides communities, families and friends

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Band Membership

• Determined in part by band and in part by Indian
  Act
• can be very divisive
• can be a 6(1), or 6(2) status band member, or
  non-status band member,
• all have different rights

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Jurisdiction Aboriginal People

• S. 91(24) Constitution Act, 1867 gives
  jurisdiction for Indians and lands reserved for
  the Indians to the federal government
• the province has jurisdiction for the rest of its
  residents, its lands and things like education,
  natural resources, health
• the federal govt claims only status Indians fall
  under section 91(24)
• the province claims all Ab. People do