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The development of treaties in canada essays
Aboriginal rights and freedoms
Aboriginal rights and freedoms
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Treaties serve to benefit both parties. As they outline ownership rights and various obligations the different parties have to uphold, while also guaranteeing peace. Treaties bring the potential of coexistence, economic security and avoidance of war. Treaties were also used for infrastructure development. For example, the building of hydroelectric industry in Quebec in the 1960s (Belanger 2008: 94). The terms imperium (liberty) and dominium (property) encompass the treaty relationship between native peoples and Canada (Belanger 2008: 85). These terms illustrate the treatment of aboriginal peoples by the federal government. The aboriginal title, the right to own land, has historically been controversial. Leading to times of equality and times
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...
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.
Razack (20020 defines the historical legacy of the “white settler society” that has dominated the legal and historical rights to land usage in relation to indigenous peoples and people of color. In addition to this problem, Razack (2002) also defines the problem of “mapping” that has allowed a primarily racist Canadian government to marginalize or remove people of color from land ownership and placement in the white hegemonic community. In response tot this, Razack (2002) proposes an “unmapping” method in which the underlying racism of Canadian legal policies can be exposed and reconstructed to resolve the problem of racism in land usage in Canada. These are the important aspects of racial identity and spatial organization that define the conflicts of racism in Canadian law and in the “unmapping” of the “white settler society” that Razack (2002) identifies throughout the
The National Apology of 2008 is the latest addition to the key aspects of Australia’s reconciliation towards the Indigenous owners of our land. A part of this movement towards reconciliation is the recognition of Indigenous Australians and Torres Strait Islanders rights to their land. Upon arrival in Australia, Australia was deemed by the British as terra nullius, land belonging to no one. This subsequently meant that Indigenous Australians and Torres Strait Islanders were never recognised as the traditional owners. Eddie Mabo has made a highly significant contribution to the rights and freedoms of Indigenous Australians as he was the forefather of a long-lasting court case in 1982 fighting for the land rights of the Torres Strait Islanders. Eddie Mabo’s introduction of the Native Title Act has provided Indigenous Australians with the opportunity to state claim to their land, legally recognising the Indigenous and the Torres Strait Islanders as the traditional owners.
The History of the Metis The Metis were partly french and partly indian. Their leader was called Louis riel. Following the Union of the Hudson's Bay Company and the North West Company in 1821, trading had been reorganized in order to reduce expenses. Since there was no longer competition in the fur trade, it was unnecessary to have two or more posts serving a single trading district.
A complex collection of more than 1800 separate islands forms the Canadian Archipelago and Canada’s Arctic territory. 1 Within recent history the arctic has gained popular attention from governments both domestically and internationally. The rise in global climate temperatures accounts for longer, ice free Arctic summers, higher levels of resource exploration and development, and less challenges to access in the Arctic. Canadian sovereignty over Arctic lands and islands is undisputed with the single exception of Hans Island, a 1.3 square kilometer island claimed by Denmark.2 Currently what is disputed is the Canadian assertion of sovereignty over the Northwest Passage waterway. The passage which would facilitate international shipping through the sovereign Canadian archipelago island system, links the Atlantic Ocean with the Pacific Ocean. Its widest and deepest course would take the Northwest passage from “Lancaster Sound through Barrow Straight into Viscount Melville Sound an onwards through M’Clure Straight and into the Beaufort Sea.”3 Historically Arctic ice made this route impossible to cross, but rising temperatures are changing that. The government of Canada believes that the Northwest Passage is situated within internal Canadian waterers, thereby falling under Canadian sovereign jurisdiction, subject to Canadian domestic laws. With the possibility of the passage becoming a international shipping rout, many countries including the United States do not agree with this claim. They suggest the Northwest passage should be an international straight subject to the International Law and the doctrine of transit passage.4
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.
trial of two men for the 1971 murder of Helen Betty Osborne in The Pas Manitoba.
The Robinson Huron Treaty secured numerous First Nation groups after its marking in 1850. The guide beneath demonstrates the First Nation groups that are a piece of the Treaty, their area, and their present names (Miller, 2009, p.122).
The Douglas Treaties and the Numbered Treaties were treaties that started the transfer of land ownership negotiated between First Nations leaders and government officials. The Douglas Treaties were fourteen treaties that were about land on Vancouver Island. These treaties were signed between 1850 and 1854. The Numbered Treaties were seven treaties that were about land that covered most of the southern Prairie Provinces and Northwestern Ontario. These were signed between 1871 and 1877.
Native American Relations During the numerous years of colonization, the relationship between the English settlers and the Native Americans of the area was usually the same. Native Americans would initially consider the settlers to be allies, then as time passed, they would be engaged in wars with them in a struggle for control of the land. This process of friendship to enemies seemed to be the basic pattern in the majority of the colonies. When the English landed in Jamestown in 1607, the dominant tribe of the area was the Powhatan (which the English settlers named after the leader of the tribe, Powhatan).
The Indian Act was an attempt by the Canadian government to assimilate the aboriginals into the Canadian society through means such as Enfranchisement, the creation of elective band councils, the banning of aboriginals seeking legal help, and through the process of providing the Superintendent General of the Indian Affairs extreme control over the aboriginals, such as allowing the Superintendent to decide who receives certain benefits, during the earlier stages of the Canadian-Indigenous' political interaction. The failure of the Indian Act though only led to more confusion regarding the interaction of Canada and the aboriginals, giving birth to the failed White Paper and the unconstitutional Bill C-31, and the conflict still is left unresolved until this day.
The lives and prosperity of millions of people depend on peace and, in turn, peace depends on treaties - fragile documents that must do more than end wars. Negotiations and peace treaties may lead to decades of cooperation during which disputes between nations are resolved without military action and economic cost, or may prolong or even intensify the grievances which provoked conflict in the first place. In 1996, as Canada and the United States celebrated their mutual boundary as the longest undefended border in the world, Greece and Turkey nearly came to blows over a rocky island so small it scarcely had space for a flagpole.1 Both territorial questions had been raised as issues in peace treaties. The Treaty of Ghent in 1815 set the framework for the resolution of Canadian-American territorial questions. The Treaty of Sevres in 1920, between the Sultan and the victorious Allies of World War I, dismantled the remnants of the Ottoman Empire and distributed its territories. Examination of the terms and consequences of the two treaties clearly establishes that a successful treaty must provide more than the absence of war.
Trigger, D 2004, ‘Anthropology in Native Title Court Cases: ‘Mere pleading, expert opinion or hearsay’?’, in Crossing boundaries: Cultural, legal, historical and practice issues in native title, Melbourne University Press, Carlton.