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Native american sovereignty essay
Native american sovereignty essay
Native american sovereignty essay
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July 11th 1990, marked the beginning date of the Oka Crisis in Quebec Canada. It lasted until September 26th 1990 resulting in one fatality of a local police officer. The violent clash was triggered by something as simple as a golf course extension and as complicated as native burial traditions. It had drawn world attention, catapulting native land rights into the mix. The Oka Crisis is just one of many conflicts between the Aboriginals and the Canadian government. A major issue that has been of much debate in the 20th century has been Native sovereignty. The demand sounds simple, allow Aboriginals of Canada to govern themselves; however, coexisting with the Canadian government makes this idea extremely complicated. Roger Townshend states that there is a difference in perception between Non-Aboriginal and Aboriginal people about jurisdiction over Canadian territory and that is one reason Aboriginals should be governing themselves. Opposing this view, Thomas Flanagan argues against Native sovereignty for it is not a workable mechanism in Canadian politics. Native sovereignty can never coexist with Canadian sovereignty because of the complexity of having a third level of government, a resolution cannot be breached since each tribe’s traditions are different, and the idea of having a functioning conglomerate of native groups is very improbable. Roger Townshend makes a number of points that support the idea of Native sovereignty. He identifies that the very perception of sovereignty in regard to Aboriginals in Canada has changed. In the initial contact by early European settlers, Aboriginals were treated as “…allies or as enemies, but in any event, as nations to be treated as equals with European States,” (Townshend 37). Through ti... ... middle of paper ... ...t within Canada would be much less apparent. This would provide Aboriginals the ability to develop within the boundaries of the Canadian constitution. Works Cited “…allies or as enemies, but in any event, as nations to be treated as equals with European States,” (Townshend 37). “…changes in sovereignty based on conquest, discovery and settlement, or treaty,” (Townshend 37). “…sharing of jurisdictional powers between government institutions is already part of the essence of the Canadian state,” (Townshend 39). “In the 10 provinces, Canada has over six hundred Indian bands living on more than 2200 reserves, plus hundreds of thousands of Métis and non-status Indians who do not possess reserves,” (Flanagan 44). “No one has proposed a workable mechanism by which this far-flung archipelago could be knit together into a single level of government,” (Flanagan 45).
The Oka Uprising was initially a peaceful protest over the expansion of a golf course on Mohawk territory that turned violent after Quebec’s provincial police, the Sûreté du Québec, responded to the protest with tear gas and flash-bang grenades, eventually escalating to a gun battle between protesters and police. Years after the stand-off, revisionist military historians have praised the Canadian military for avoiding bloodshed because of their “personal commitment [and] calm and attentive approach to native reality,” in which they ought to be commended for “carrying the burden of peace” (Conradi 548). However, Robinson rejects this notion and instead proposes a re-imagining of the Oka conflict through the “adjustment” of First Nations people who fought at Oka with the “bombing of the last Canadian reserve” (Robinson 211). Through “carrying the burden of peace” the Officers are given the power to destroy any semblance of Indigenous tradition, such as the potlatch, and to violently corral all First Nations people to sectioned off “Urban Reserves”. By disrupting popular Canadian perception of law enforcement Robinson succeeds in creating a dystopian image of corrupted power that allows readers to sympathize with the subjection of First Nations people of
Although, Quebec’s population share many similar characteristics amongst one another it is not essential to decide “the people” (Heard, 2013). To be considered a state you must represent all the people in it. Quebec prefers independences for the reason of a commonality
The Calder Case was the spark that led to the Canadian government recognizing Aboriginals and their rights. Firstly, the aboriginals used the Calder Case to inform the government that they were taking away their rights. The Calder Case was launched after the Attorney General of British Columbia declared “that the Aboriginal Title, other wise known as the Indian Title, of the Plaintiffs to their ancient tribal territory...has never been lawfully extinguished.”1 The statement made by the government claimed that the Aboriginal Title did not exist in the eyes of the law and before the Calder Case, it allowed them to ignore Aboriginal land rights all over the country. In addition, The Calder brought the issues the Aboriginals were facing with land claims to the attention of the Canadian government. “According to Kainai Board of Education The case made it all the way to the Supreme Court of Canada where the court ended up rejecting the native's claims after being split on it's validity. However, the Supreme Court of Canada's recognition required new respect for Aboriginal land claims.”2 The Supreme Court of Canada's recognition of the Calder Case benefited the Aboriginals as the government was...
To begin Sprague argues that the Canadian Government disingenuously mismanaged Metis land organization. Sprague states that evidence of this can be seen in the Canadian government not allowing the Lieutenant Governor Adams G. Archibald to make changes to Section 31 and 32 of the Manitoba Act. Archibald proposed the government grant outlined in Section 31 should allocate each person of Aboriginal ancestry an allotment of “140 acres” (pg.75) of land. Archibald also suggested that the location of these allotments be in close proximity so as to “not disperse families throughout the province” (Pg. 75). Lastly Archibald proposed a suggestion in carrying out Section 32 which insured that land owned was not jeopardized during the process of confederacy. He recommended that Manitoba be recognized as an independent province such that affairs including land ownership would be dealt with on a provincial level. Therefore as Sprague argues Archibald’s words were not taken into consideration by both the governments of John A. Macdonald and Alexa...
This paper supports Thomas Flanagan's argument against Native sovereignty in Canada; through an evaluation of the meanings of sovereignty it is clear that Native sovereignty can not coexist with Canadian sovereignty. Flanagan outlines two main interpretations of sovereignty. Through an analysis of these ideas it is clear that Native Sovereignty in Canada can not coexist with Canadian sovereignty.
Fleras, Augie. “Aboriginal Peoples in Canada: Repairing the Relationship.” Chapter 7 of Unequal Relations: An Introduction to Race, Ethnic and Aboriginal Dynamics in Canada. 6th ed. Toronto: Pearson, 2010. 162-210. Print.
Introduction “We are all treaty people” Campaign. The year 1907 marked the beginning of treaty making in Canada. The British Crown claims to negotiate treaties in pursuance of peaceful relations between Aboriginal peoples and non-Aboriginals (Canada, p. 3, 2011). Treaties started as agreements for peace and military purposes but later transformed into land entitlements (Egan, 2012, p. 400).
Steckley, J., & Cummins, B. D. (2008). Full circle: Canada's First Nations (2nd ed.). Toronto:
The term sovereignty is a broad topic that has many different definitions. The most common definition is a nation or groups ability or right to govern themselves. Sovereignty is a term and idea that goes hand in hand with Native Americans throughout history. Native American tribes were once considered sovereign nation until shortly after the arrival of European settlers. Native Americans lost their sovereignty due to the forceful assimilation into white culture by European settlers. The problem with this is that Native Americans have been in North American, acting as self-governing groups, since the beginning days. What sets Native Americans apart from other “minority groups” is that they have existed as self-governing peoples and are more than a group
Do you know that despite Canada being called multicultural and accepting, Canada’s history reveals many secrets that contradicts this statement? Such an example are Canadian aboriginals, who have faced many struggles by Canadian society; losing their rights, freedoms and almost, their culture. However, Native people still made many contributions to Canadian society. Despite the efforts being made to recognize aboriginals in the present day; the attitudes of European Canadians, acts of discrimination from the government, and the effects caused by the past still seen today have proven that Canadians should not be proud of Canada’s history with respect to human rights since 1914. First, is because of the attitudes of European Canadians towards aboriginals, which were mostly cruel and inhumane.
Canada likes to paint an image of peace, justice and equality for all, when, in reality, the treatment of Aboriginal peoples in our country has been anything but. Laden with incomprehensible assimilation and destruction, the history of Canada is a shameful story of dismantlement of Indian rights, of blatant lies and mistrust, and of complete lack of interest in the well-being of First Nations peoples. Though some breakthroughs were made over the years, the overall arching story fits into Cardinal’s description exactly. “Clearly something must be done,” states Murray Sinclair (p. 184, 1994). And that ‘something’ he refers to is drastic change. It is evident, therefore, that Harold Cardinal’s statement is an accurate summarization of the Indigenous/non-Indigenous relationship in
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
“In about half of the Dominion, the aboriginal rights of Indians have arguably been extinguished by treaty” (Sanders, 13). The traditions and culture of Aboriginals are vanishing at a quick pace, and along it is their wealth. If the Canadian Government restore Native rights over resource development once again, Aboriginals would be able to gain back wealth and help with the poverty in their societies. “An influential lobby group with close ties to the federal Conservatives is recommending that Ottawa ditch the Indian Act and give First Nations more control over their land in order to end aboriginal poverty once and for all” (End First). This recommendation would increase the income within Native communities, helping them jump out of
In the 30 years after the Civil War, although government policy towards Native Americans intended to shift from forced separation to integration into American society, attempts to "Americanize" Indians only hastened the death of their culture and presence in the America. The intent in the policy, after the end of aggression, was to integrate Native Americans into American society. Many attempts at this were made, ranging from offering citizenship to granting lands to Indians. All of these attempts were in vain, however, because the result of this policies is much the same as would be the result of continued agression.
...n.p.). Soon the Canadian government amended Section 12 in 1985, and Bill C-31 was passed for those who lost their status and want to regain them (Hanson, n.p.). Unfortunately a fault existed in Bill C-31, which stated that the statuses of the aboriginals can only be passed on for one generation. Seeing as this was still unconstitutional, the government is now attempting to again retract its footsteps by amending the Indian Act altogether (Hanson, n.p.), but is still meeting difficulty in doing so.