Chapter 16 Review Questions

Indigenous peoples are the original peoples of the land that now comprises Canada. As of the 2016 Canadian census, about 4.8 per cent of the population of Canada gave as their ethnic origin First Nations, Métis, Inuit, or a combination of one of these with another ethnic origin. The actual figure was 1,673,785, a decrease from 2011.

The language used by the dominant groups was rejected in favour of language that reflected a desire for recognition of the way these groups wished to see themselves. The language of communitarianism emerged. Communitarianism is an ideology which believes that communities and communal identities are essential to individual dignity. Quebecers came to believe that their society deserved greater recognition in order for a free and democratic society to flourish in Quebec. Indigenous peoples came to call themselves First Nations, reflecting a recognition of their communities and the longstanding rights and claims of those communities. In sum, the labels that others imposed on these communities were replaced by names that they gave to themselves. Those names reflected the individuals’ awareness of the communities of which they were members. Both communities believed that those communities—as well as the individuals who made up the communities—had been subjugated, dominated, and exploited by white, Anglo society. Both the communities adopted the word, ‘nation,’ to describe themselves and believed that those nations were entitled to certain rights, including rights of self-governance.

Under the reserve system, tracts of land were set apart by the government for a specific Indigenous group, but under legal title to the Crown, with the government retaining control over resources (ie. water, precious metals, etc.) on that land. The reserve system has been criticized for the low life expectancy, low income, high rates of unemployment, high infant mortality, and overall poor quality of life for those who live there. Historically, it was criticized for requiring those living on reserves to have written permission from the government to leave said reserve. Both historically, and presently, the reserve system has been criticized as paternalistic, with too much government dictation upon the Indigenous peoples who inhabit these reserves.

Despite their opposition to the reserve system, the Indigenous leadership at the time rejected the federal government’s white paper. This was because the Indian Act requires the federal government to play a guardianship function with respect to Indigenous peoples. The view was that the government could not, at a stroke, absolve itself of this responsibility. Further, Harvey McCue explains that, despite the numerous social and economic problems on most reserves and the unjustness of the system, many Indigenous peoples saw the reserves as the visible evidence that they were the original occupants of Canada. The reserves are a place where Indian values can be taught. They reinforce a sense of spiritual unity among Indians. If the federal government wished to dismantle the structures of the Indian Act and its reserve system, it would have to negotiate a new relationship with the Aboriginal peoples.

Under French colonial rule, there was no official recognition of any Indigenous title to the lands they occupied long before the arrival of Europeans. There was no thought of compensating Indigenous peoples for the land the French confiscated. There were no treaties, no negotiations. The French also sought to convert Indigenous peoples to Christianity. Assimilation was the overall aim. The British tended to take a more tolerant approach. A proprietary Indigenous interest in land was acknowledged. The Royal Proclamation of 1763 set aside lands for Indigenous peoples from which British subjects were prohibited. The British believed they were required to compensate the Indigenous population for land that was formally alienated through treaties and purchase agreements.

Seven of the most prominent recommendations are as follows: the government should issue an official admission of wrongs done to Indigenous peoples; the inherent right to self-government should be recognized by all governments as a constitutional right; Indigenous peoples should hold dual citizenship as Canadians and as citizens of Indigenous communities; Indigenous communities should be merged into 60–80 self-governing communities; an Indigenous parliament should be created with an advisory role concerning all legislation affecting Indigenous Canadians; the government should negotiate self-government with the Métis who should be allocated an adequate land base; Indigenous representatives should participate in all future constitutional talks with a veto over any changes affecting Indigenous rights; much more money should be spent on Indigenous programs.

There are a number of reasons for inconsistent counts of the Indigenous population in Canada; not every person with Indigenous heritage identifies as Indigenous and therefore will not count toward this total population, or renounce their Indian Status either by their own accord, or – as has been seen historically – had their status taken away, for example, for an Indigenous woman marrying a non-Indigenous man.

Some of the UN’s critiques of Canada’s treatment of Indigenous peoples include human rights violations, endangering Indigenous languages, lack of meaningful consultation with Indigenous communities – especially related to occupancy and practices on traditional lands – and the legacy of trauma from colonialism and residential schools.

There are a range of examples that you could select from Brooks. Examples include: the Idle No More Movement that emerged out of frustration with the representation of Indigenous peoples in Canada, including Indigenous leadership, in 2012 and 2013, resulting in large protests on Parliament Hill, a blockade of the Toronto-Montreal train line, and a hunger strike from Chief Teresa Spence of the Attiwapiskat First Nations; or 2018, when Indigenous protesters occupied North Thompson River Provincial Park in British Columbia in protest of the Trans Mountain pipeline expansion that was approved by the Liberal government.

To answer this question, you will need to conduct additional research. Your answer – both the statistics surrounding the language, and the programming and media available in that language – will vary depending on the Indigenous language that you select. The 2016 Canadian census and Statistics Canada website contain some data on Indigenous languages in Canada. Examples of media may include Hockey Night in Cree, which began in 2019, or Ojibway TV, nicknamed ‘Ojibway Netflix,’ an initiative originating from the University of Manitoba, which launched content in the Ojibway language onto Apple TV in 2017.

The Truth and Reconciliation Commission was a commission established by the Canadian government in 2008, which published a report of its findings in 2015; it examined a number of overarching issues related to Indigenous peoples in Canada, specifically residential schools, their wide-reaching impacts and legacies. It also looked at potential future relations between Indigenous peoples and the Canadian state.

The Royal Proclamation of 1763 indicated that Indigenous peoples living in the territory that the British had just taken conquered from the French would be under the protective stewardship of the British. They acknowledged that these Indigenous peoples had an interest in the land, but also that British settlers would continue to expand onto that land. The British held the idea of “sovereignty, protection, and dominion” of the Crown in relation to Indigenous peoples.

The three claims were: 1) that the Gitksan and Wet’suwet’en peoples owned the territory in question, 2) they had the right to establish their own laws for this territory, which would supersede those of the province, and 3) they were entitled to compensation for all resources exploited and removed from this territory since 1858. The Supreme Court rules that the Gitksan and Wet’suwet’en peoples were the owners of this land, and had a right to compensation to land determined to be there by historical right. It also allowed oral historical histories as admissible in court as proof of land rights and occupancy. The Supreme Court, however, did not establish a constitutional right to self-government for Indigenous communities. This set precedent for other Indigenous communities to claim historical occupancy of lands.

Indigenous broadcasting in Canada has evolved frequently since the CBC Northern Service held its first Indigenous-language broadcast from Montreal in 1960. Highlights in this evolution that Brooks outlines includes: the first time money was earmarked for Indigenous-language television by the CBC Northern Service in 1972, support from the CRTC for Indigenous content in 1985 and 1990, Telefilm funding for Indigenous-language television in 1996, and the establishment of the Aboriginal Peoples Television Network in 1999.

Divisions in opinions toward several Indigenous issues exist along a number of demographic lines. Those who are least sympathetic to Indigenous peoples and issues in Canada tend to be older, wealthiest, are more likely to be male, and generally exist in greater numbers in Alberta, Saskatchewan, and Manitoba. Those who are more sympathetic to Indigenous peoples tend to be university educated, younger, and disproportionately in Ontario and Quebec.

This essay will require you to conduct research into Indigenous organizations in Canada; a search of their websites would reveal their similarities and differences and indicate if any are close to a political party. Indigenous organizations do not have a policy of formally endorsing a political party. The three largest federal political parties have all had Indigenous candidates and MPs.

Answers will vary based on the legislation or jurisprudence that you select; you may choose legislation such as the Indian Act, or cases including Delgamuukw, the Tsilhqot’in Nation v. British Columbia, St. Catherine’s Milling and Lumber Company v. The Queen, or Calder et al. v. Attorney General of British Columbia. In your answer, explain whether these cases were progressive and beneficial to Indigenous peoples in Canada, or regressive and detrimental. Explain why and support your response with evidence from the textbook, your own prior knowledge, or research that you have conducted. If you feel that this legislation or legal case is regressive, think of ways that it could be changed in a way that is progressive; what alternative processes or narratives could lead to this change?

This question can be answered using evidence from the textbook, but will also require additional research into various Canadian governments, as well as Indigenous governments. While the Conservative government of Stephen Harper was completely against signing onto the UNDRIP, the Trudeau Liberals removed Canada as an objector, saying Canada would support the document but would not put it into Canadian law. The National Chief of the Assembly of First Nations, Perry Bellegarde has supported the application of the UNDRIP in Canada, and the Métis Nation and Inuit Tapiriit Kanatami have also voiced their support, also there exists some disagreement surrounding the UNDRIP in some Indigenous communities. Explore why these governments have such different opinions on the UNDRIP; support your answer with evidence from the textbook and your own research.

The organization Reconciliation Canada defines reconciliation in the Canadian context as revitalizing the relationships between Indigenous peoples and all Canadians; this often has a focus on dialogue, understanding histories, and finding a constructive way forward. However, reconciliation will mean something different to every person, and your answer should reflect what it means to you. Ways in which you can incorporate reconciliation into your everyday life and study can vary from small to large. Your answer will vary based on the ideas you brainstorm. Examples in your everyday life could include listening to Indigenous musicians, reading books by Indigenous authors, or learning an Indigenous language, or even a few words. In your study, examples could include taking an Indigenous studies course, or to read academic literature from Indigenous scholars.

Your answer will vary based on whether you think the UNDRIP’s recommendations can, or should, be adopted into Canadian law. To answer this essay, you should include the various voices in this debate, including the Canadian government, Indigenous governments, and Indigenous scholars. Your response should include evidence from the textbook, as well as research into the topic.