Since 1971, there has been some important and innovative changes in Atlantic Canadian historiography that has made an impact on our world. One of the greatest landmark’s in Atlantic Canadian history, in my opinion, was the resurgence of treaties rights for the Mi’gmaq and Maliseet nation. Thus, my focus for this essay will be on Mi’gmaq historiography in regards to fishing and treaty rights in the maritimes. There have been three well known fishing disputes in Atlantic Canada, ranging from the 1981 the Listuguj Raid, to the 1999 Supreme Court ruling concerning the Donald Marshall Case, and a year later with the Burnt Church Crisis. All of these historic events are steps for the Mi’gmaq Nation to reclaiming their treaty rights. After over …show more content…
The Mi’gmaq of Listuguj met with the government on several occasions to resolve this issue, and after many meetings and careful planning we came up with our own law and regulations, and applied them onto pieces of paper, instead of the oral traditions which we followed for thousands of years. These requests to have our own laws and regulations have been granted to us because we had an inherited right to fish salmon long before any federal and provincial governments after a great deal of protesting. It was also finally recognized because it was in written word, this was the only form that the governments would accept. However, today these challenges with oral traditions and court systems are still a commonplace, but there are some successful steps towards the court recognizing and affirming treaty and Indigenous rights. Some attest that these steps in trying to get the Canadian courts to meaningfully recognize treaty and Indigenous rights is more than challenging, it is nearly impossible in some cases because of the colonial governing structures of Canadian society.
Indigenous nations have always had their own ways governing their society. These ancient traditions were passed down to the future generations, even making it through the forces of colonialism. By saying that, it can be understood of the importance and significance it had and has to
In Canadian history it is quite evident we are influenced heavily by the much stronger nations around us. Therefore our own content in Canada is sometimes overshadowed by other cultures, specifically with regards to the United States who have a big influence on our cultural industries. Pierre Trudeau expressed the feeling Canadians have with this co-existence, "Living next to you is in some ways like sleeping with an elephant. No matter how friendly or temperate the beast, one is affected by every twitch and grunt." Some may argue that Canada should not continue to develop regulations to protect its cultural industries. However, I will argue that Canada should continue to develop some regulations to protect its cultural industries. It is
“Tribe Claims Cross-Border Rights as Hunting Violations Head to Canadian Court” by Emily Schwing is an article about a tribe’s land being used as hunting grounds. This article is very controversial because the Tribe; Sinixt people who had claim over the land was thought to not exist anymore. The Canadian Government had viewed the tribe as no longer existing when the last member of the Tribe had died in 1953. People such as Rick Desautel had then started crossing borders from the United States to Canada and back in 2010 and 2011, hunting on the Sinixt peoples land. This also shows an insight on how important a Tribe’s land really is to them. It is known that if a Tribe member were to get into any sort of conflict the Tribe would provide support
Dorothy Van der Peet, a member from the Stó:lō nation, was charged for selling the fish obtained under the authority of an Indian fish license. Her conduct was contrary to s. 27(5) the British Columbia Fishery Regulations. During the trial and appeal court processes, Van der Peet has been argued that the custom of selling the fish constituted as an aboriginal right which was protected by s. 35 of the Canadian constitution. Nevertheless, the Supreme Court of Canada (SCC) rejected her argument and ruled that the act of selling fish for money did not constitute as an aboriginal right under the constitution (Van der Peet, 1996).
In writing Northern Frontier, Northern Homeland, Thomas Berger faced the challenge of articulating the interests of Northern Canada's native peoples, who adamantly protested the proposal to establish a pipeline in the region. He was motivated by the desire to present their concerns in a way that could not be trivialized by the Canadian government. (Berger 3) According to Berger, “the industrial system is now impinging on the northern native people. History and perceived economic necessity have brought the white and the native societies into contact on our northern frontier...” (161) The nature of the conflict between indigenous and industrial interests, Berger's emphasis on native testimony, and the social justice aspirations of Berger's report indicate that the critical paradigm is best suited for the study of the Mackenzie Valley Pipeline Inquiry.
In Is the Crown at War with Us?, it is apparent that the Mi’kmaq people are struggling to access their Aboriginal fishing rights because their rights have been limited by the Canadian government. The license to fish prevents them from going fishing with their children, thereby infringes on their right to raise their children according to their children. It is difficult to acquire fisheries license. The government brought back the fisheries license as means to regulate the industry. The government insisted on a narrow definition of conservation, focusing on licenses. Those who gave up their permit from the treaty also had a tough time getting it back, as the state demanded that they proved their status. Although the Peace and Friendship treaty provided that their right to fish will last forever, they were not upheld by
Canadian Arctic Sovereignty is currently a pressing issue has raised many questions about who owns and who has control over the Arctic and its precious resources. The posing question is; to what extent should Canada protect its Arctic Sovereignty? There are many reasons why Canada must go forward in defending and protecting the Arctic to a moderate extent even though it will be a challenging mission considering that the Canadian military currently needs more resources in order to properly defend the Arctic. They must defend the population of Inuit that currently reside in the Arctic must be protected because their way of life is changing due to their changing landscape. The gain
Michael Asch, an anthropologist, has written a couple of books on First Nations Canadians and their location in the social and political hierarchy of Canada. Throughout his book, On Being Here to Stay, he makes many arguments and utilizes many cases and examples of the First Nations Canadians political and civil rights and examines the way the Canadian government has handled the task of placing the First Nations and aboriginal people into a western democracy and wester thought. Michael Asch explores the long road to amends with the sovereignty of Canada compared to the First Nations rights and the changes that occur.
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
The Canadian Government has been faced with a decision that could destroy an already delicate relationship with the Indigenous Canadians. There have been several pipeline expansion proposals to increase the production and extraction of oil throughout Canada and the U.S. The primary factor delaying the Canadian Government from starting these projects is the Indigenous people. With promises by the newly elected federal Liberal government and the Canadian Charter of Rights and Freedoms, it has outlined the importance of the Indigenous peoples’ rights when it comes to natural resource extraction that affects their land.
There is a body of historic jurisprudence forming the basis of Indigenous law. Identify and explain the foundational elements of Indigenous law in Canada. Support this analysis by referencing the appropriate cases. Your analysis should include more than one case. However, be sure to include a Full assessment of ONE of the cases you include in your discussion. Therefore, one of the cases discussed must include the full: issue, facts, reasoning and holding of the case.
Throughout the past few years aboriginal politics, specifically those dealing with First Nations peoples have been of heavy interest in Canadian society. Unfortunately with such issues widely apparent on the political forefront there is bound to be significant controversy in the matter. Much of this recent controversy has been directed at First Nations claim to land technically owned by the Canadian Government; however the 1973 Calder case maintained that under the 1763 Royal Proclamation aboriginal rights to Canadian land do in fact exist (Foster, Raven and Webber 2007, 17). This creates an interesting political situation in which two self governing bodies may both hold claim to the same land. While at first this may seem harmless, a
As time went on in Canada, the relationship that the Explorers held with the Natives shifted from one of gratitude and reliance to possessions and liability. As time continued to pass, the relationship and treatment toward First Nations Indians became more hostile and unforgiving and while that relationship is now on the mend, for a good many years the First Nations Canadians were persecuted by the government. Between 1876 and 1950 the way First Nations Indians were regarded by other Canadians shifted, legislation to regulate the activities of First Nations Canadians began in full capacity in 1876, continued in the early 1900’s, and was reformed in the 1950’s.
The Indigenous groups in Canada have been inhabitants on these lands long before any other group arrived. Yet, these groups have been and are still disadvantaged in the political sphere, continuing to be severely underrepresented in Canadian governmental institutions. The government of Canada needs to implement governmental arrangements that will meet the unique needs of Indigenous groups, with responsiveness to their particular political, historical, and social circumstances (Indigenous Affairs and Northern Development Canada, 2010). With section 35 of the Constitution Act of 1982, the definition of Aboriginal rights has become a focus as the constitution recognizes existing rights but does not define them. There has also become a specific
This report explores and investigates about the First Nations that inhabit Canada. In particular, this report looks into, the way they lived, which includes the way they got food, and their modes of transportation as well as their shelters. What rights and privileges they had, challenges they faced in the in the mid-1800’s to the early 1900’s, that includes the Numbered Treaties, Indian Act and Residential School and finally a comparison between Indigenous people before and Indigenous people today. Indigenous people were the first group/nation to inhabit Canada, hence the name First Nations, however, they can be broken down into six distinct groups based on their geographical location. The groups are Woodland First Nations, Iroquoian Fist Nations,
It is important to understand that even today, state resistance to indigenous self-determination prevails. In addition, democracy does take the opinions of the minority into consideration as it relies on fulfilling the interests of the majority. In this case, the indigenous peoples are repressed and have their rights infringed. The government should be mindful that they are obligated to provide legally binding human rights standards for indigenous peoples as part of ensuring that its system democracy is not