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Introduction Canada, a country that prides itself on equality and upholding human rights, has failed to fulfill its treaty obligation to Aboriginal people. The right to land and the right to self-determination are considered to be the two most significant Aboriginal rights of the First Nations, Metis, and Inuit in Canada. The right to land involves indigenous people right to have sovereignty over their land through ownership. Self-determination is an inherent right that people have to make their own decisions regarding their lifestyle, culture, and political independence. The objective of this research paper is to investigate the issue of Aboriginal land claims and Indigenous peoples’ right to self-government. Aboriginal people in Canada consider land to be part of their Aboriginal identity for the reason being that their culture is grounded in nature. Their culture is based on the strong spiritual connection to Mother Earth and they treat their environment with the utmost respect. According to Assembly of First Nations, “Indigenous peoples are caretakers of Mother Earth” because she “guided …show more content…
Aboriginal people who have undergone years of assimilation cannot adequately present their case for Aboriginal title in the courts since they have lost their language and heritage. This paper will also make the argument that the current federal and provincial policies are not capable of resolving land claims in a timely manner. Moreover, the Canadian government has a legal obligation to consult and accommodate with Aboriginal groups when it involves activities that interfere with their treaty rights. To substantiate these main arguments, literature around Aboriginal rights and title in Canada will be
Glen Coulthard’s “Resentment and Indigenous Politics” discusses the politics of recognition that are currently utilized within Canada’s current framework of rectifying its colonial relationship with Indigenous peoples. Coulthard continues a discussion on reconciliation between Indigenous peoples and the state that recognizes the three main methods of reconciliation: the diversity of individual and collective practices to re-establish a positive self relation, the act of restoring damaged social and political relationships and the process in which things are brought to agreement and made consistent.
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.
An issue facing society is whether the Native Title Act 1993 (Cth), is sufficient in balancing the rights of Indigenous Australians and the rights of current land owners. To determine whether legislation is sufficient and fair, an investigation into the current societal view points needs to be considered by legislators, with an evaluation into the ways in which other societies cater to the needs of Indigenous land owners should be made. This information then allows recommendations and changes to be debated, to therefore to ensure more equitable legislation on land rights within Australia.
Throughout the history of Canada the indigenous population of the country have been voiceless. They have been both suppressed and oppressed by the Federal and various Provincial governments within Canada. Many organizations tried to provide a voice for the native population but failed in their attempt. These organizations eventually merged together to become what is now known as The Assembly of First Nations. The Assembly of First Nations gives voice to the issues and problems facing the different components of the aboriginal community in Canada.
Generations of native people in Canada have faced suffering and cultural loss as a result of European colonization of their land. Government legislation has impacted the lives of five generations of First Nations people and as a result the fifth generation (from 1980 to present) is working to recover from their crippled cultural identity (Deiter-McArthur 379-380). This current generation is living with the fallout of previous government policies and societal prejudices that linger from four generations previous. Unrepentant, Canada’s ‘Genocide’, and Saskatchewan’s Indian People – Five Generations highlight issues that negatively influence First Nations people. The fifth generation of native people struggle against tremendous adversity in regard to assimilation, integration, separation, and recovering their cultural identity with inadequate assistance from our great nation.
Despite these small problems, the native title is an effective aspect of our common and statute law, which strives to achieve fair results for all citizens. Today we understand that the aboriginal’s form of ownership of the land extends back more the 40,000 years, which is recognised in the Australian Native Title. This important aspect of Australia’s common and statue law should be further taught in schools, universities and to the community because of its ongoing political, social, cultural and legal significance. Native title was adopted not only to benefit indigenous citizens but also the Australian society as a whole.
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
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
Indigenous Australian land rights have sparked controversy between Non Indigenous and Indigenous Australians throughout history. The struggle to determine who the rightful owners of the land are is still largely controversial throughout Australia today. Indigenous Australian land rights however, go deeper than simply owning the land as Aboriginal and Torres Strait Islanders have established an innate spiritual connection making them one with the land. The emphasis of this essay is to determine how Indigenous Australian land rights have impacted Aboriginal and Torres Strait Islander people, highlighting land rights regarding the Mabo v. the State of Queensland case and the importance behind today’s teachers understanding and including Indigenous
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.
Indigenous Australians have had a controversial place throughout Australian history, with World War 1 being one of the main events in this topic. Although there were no aboriginals that went to fight in World War I, it was not that they didn't want to because of their violent history with the British, it was because the British didn't allow them to enlist for World War 1.
Prior to and during the mid-twentieth century, Indigenous Australians were politically disadvantaged and subjected to inhumane treatment such as the Stolen Generation, and having little to no political, civil and labour rights. However, as Indigenous Australians began to participate in movements which advocate for their rights and freedom, inequality diminished. Aboriginal protest movements such as the 1938 Day of Mourning, Charles Perkins’ ‘Freedom Rides’, and Eddie Mabos’ Land Rights Case, were notable as they had a significant impact in changing rights and freedoms in Australia.