Aboriginal communities have practiced self-government long before the first Europeans explored, settled, and colonized the region known as Canada. The Canadian Federal Government has upheld these practices by acknowledging the inherent right of self-government through treaties and documents over the course of history. There are various forms of self-government such as municipal, territorial, and treaty models. In this paper, I will argue that aboriginal self-government is an important right that must be upheld and respected in Canadian law and society. However, self-governance, in the context of the treaty model, has become problematic as it has created more problems than it has solved. Aboriginal self- government has led to a lack of accountability, …show more content…
The limits of self-government are also defined within the document, stating that the sovereignty of aboriginal nations exists solely within Canada and does not extend to international provisions (Dyck and Cochrane 2014, 83). The treaty model of aboriginal government is a closed model, meaning that only those who are part of a particular group or reside on a certain area of land can participate in the benefits of the treaty. Within this model, members have more control over healthcare, education and policing powers (Dyck and Cochrane 2014, 70). This model also acts as an extension of existing reserve land and policy. A few examples of aboriginal groups that utilize this model are the Nisga'a ,Tlicho, Nunatsiavut, Tsawwassen First Nation, and the Maa-nulth First Nation (Aboriginal Affairs …show more content…
One of the key points of this argument is that Aboriginal self government has helped solve issues regarding poverty, education and health. However in reality the inverse holds true. aboriginal communities rank approximately 68th out of 174 nations on the UN Development Index, way further behind than the non-aboriginal Canadian population (Dyck and Cochrane 2014, 77). There are high levels of poverty, infant mortality, unemployment, and suicides within in these communities. Rates of incarceration, domestic violence, and murder are all significantly higher than the Canadian average as well (Aboriginal Affairs 2012). These social and economic challenges lay a heavy burden on governments due to immense costs to implement and run social programs. According to the National Post article " Real Warriors Hold Jobs " by Kevin Libin, the Canadian Federal Government spends nine point-one billion dollars annually on programs and services for aboriginals. Though, there is a large sum of money being pumped into aboriginal communities it is difficult to ensure that the funds are being allocated appropriately and that communities mobilize capable individuals to ensure that public services function
The Indian Act is a combination of multiple legislations regarding the Aboriginal people who reside across Canada, such as the Gradual Civilization Act of 1857 and the Gradual Enfranchisement Act of 1869 (Hanson, n.p.). The Gradual Civilization Act was the Canadian government's attempt to assimilate the aboriginals into the Canadian society in a passive manner, through a method they encouraged called Enfranchisement. Enfranchisement is basically a legal process that allows aboriginals to give up their aboriginal status and accept a Canadian status (Crey, n.p.). This process, while under the Gradual Civilization Act, was still voluntary, but became a forced process when the Indian Act was consolidated in 1876 (Hanson, n.p.). The Gradual Enfranchisement Act introduced in 1869 was a major legislation that intruded with the private lives of the aboriginals. First, it established the “elective band council system” (Hanson, n.p.) that grants th...
Members of the Canadian government and the Indigenous people signed Treaty 6 in 1876. Treaty 6 was “a formal and binding contract between two nations” that would help deal with important matters. Treaty negotiations included land, education, healthcare, government funding, and more. The treaty was created to help benefit both parties – the Canadian government, and the Indigenous people. However, the Canadian government broke this treaty many times. In the mid 1880’s there w...
The over-representation of Aboriginal children in the Canadian Child Welfare system is a growing and multifaceted issue rooted in a pervasive history of racism and colonization in Canada. Residential schools were established with the intent to force assimilation of Aboriginal people in Canada into European-Canadian society (Reimer, 2010, p. 22). Many Aboriginal children’s lives have been changed adversely by the development of residential schools, even for those who did not attend them. It is estimated that Aboriginal children “are 6-8 times more likely to be placed in foster care than non-Aboriginal children (Saskatchewan Child Welfare Review Panel, 2010, p. 2).” Reports have also indicated that First Nations registered Indian children make up the largest proportion of Aboriginal children entering child welfare care across Canada (Saskatchewan Child Welfare Review Panel, p. 2). Consequently, this has negatively impacted Aboriginal communities experience of and relationship with child welfare services across the country. It is visible that the over-representation of Aboriginal children in the child welfare system in Canada lies in the impact of the Canadian policy for Indian residential schools, which will be described throughout this paper.
LaPrairie, C. (1995). Community justice or just communities? Aboriginal communities in search of justice. Canadian Journal of Criminology. 37 (4), 521-535.
In this proposal our team seeks to explore the injustices within the Indian Act. To achieve this our proposed research will examine the target population being the aboriginal woman. The paper will further explore the oppressions faced by the aboriginal women within the Indian Act. In conclusion, this proposal will sum up the negative impact that the Indian Act had on aboriginal women and how it continues to oppress this population within the Canadian National discourse.
Systems: The canadian Future in light of the American Past.” Ontario native Council on Justice. Toronto, Ontario.
“The recognition of the inherent right of self-government is based on the view that the Aboriginal peoples of Canada have the right to govern themselves in relation to matters that are internal to their communities, integral to their unique cultures, identities, traditions, languages and institutions, and with respect to their special relationship to their land and resources." (Wherrett
Despite the decreasing inequalities between men and women in both private and public spheres, aboriginal women continue to be oppressed and discriminated against in both. Aboriginal people in Canada are the indigenous group of people that were residing in Canada prior to the European colonization. The term First Nations, Indian and indigenous are used interchangeably when referring to aboriginal people. Prior to the colonization, aboriginal communities used to be matrilineal and the power between men and women were equally balanced. When the European came in contact with the aboriginal, there came a shift in gender role and power control leading towards discrimination against the women. As a consequence of the colonization, the aboriginal women are a dominant group that are constantly subordinated and ignored by the government system of Canada. Thus today, aboriginal women experiences double jeopardy as they belong to more than one disadvantaged group i.e. being women and belonging to aboriginal group. In contemporary world, there are not much of a difference between Aboriginal people and the other minority groups as they face the similar challenges such as gender discrimination, victimization, and experiences injustice towards them. Although aboriginal people are not considered as visible minorities, this population continues to struggle for their existence like any other visible minorities group. Although both aboriginal men and women are being discriminated in our society, the women tends to experience more discrimination in public and private sphere and are constantly the targeted for violence, abuse and are victimized. In addition, many of the problems and violence faced by aborigin...
The journey for the Aboriginals to receive the right to keep and negotiate land claims with the Canadian government was long but prosperous. Before the 1970's the federal government chose not to preform their responsibilities involving Aboriginal issues, this created an extremely inefficient way for the Aboriginals to deal with their land right problems. The land claims created by the Canadian government benefited the aboriginals as shown through the Calder Case, the creation of the Office of Native Claims and the policy of Outstanding Business.
“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
Aboriginal people groups depended on an assortment of unmistakable approaches to sort out their political frameworks and establishments prior to contact with Europeans. Later, a considerable amount of these establishments were overlooked or legitimately stifled while the national government endeavored to force a uniform arrangement of limitlessly distinctive Euro-Canadian political goals on Aboriginal social orders. For some Aboriginal people groups, self-government is seen as an approach to recover control over the administration of matters that straightforwardly influence them and to safeguard their social characters. Self-government is alluded to as an inherent right, a previous right established in Aboriginal people groups' long occupation
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.
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
The first interpretation of sovereignty that is examined by Flanagan views sovereignty in an international sense. Sovereignty for these leaders means gaining more international power and acceptance. Flanagan argues that major international bodies such as the United Nations will be accepting such an attempt at sovereignty (71). As the second largest country in the world the geographical constraints on uniting Aboriginal people living across the country plays a significant factor. Flanagan also points to the diversity within this group; there are over six hundred bands across the ten provinces in Canada in more than 2,200 reserves. Compounding the geographical constraints facing their unity, Aboriginal bands in Canada often differ from each other significantly in their culture including language religion/customs (Flanagan 71). Many Aboriginal people now choose to live off reserve which further complicates their unity (Flanagan 73). Flanagan highlights that as many small bodies they would not be able to survive in the competition of the international community. Current international governance is extremely complex and Flanagan argues it is unlikely for poor isolated people to succeed (73). One united aboriginal voice is also highly unlikely according to Flanagan; having been freed of one power most bands would not choose to become conne...
While efforts are made to recognize aboriginals in the present day such as National Aboriginal Day (June 21) and gaining the right to vote, it can never erase the permanent scars Canadian society has caused to aboriginals. Most of the First Nations people today are living in poverty and are suffering from bad health. "Why do you allow the first people of this land to endure and live in Third World conditions?" a indigenous, female student from Saskatoon asked Prime Minister Justin Trudeau. Mr. Trudeau answered, "Quite frankly ... this is a stain and a scar upon, not just our sense of who we are and our morality as Canadians, but on the kind of country we need to be building," (Justin